No proxy votes for those not contesting Colombo – Elections Commissioner

[May 17, 2006 - 9.55 GMT]

There are no provisions in law for the votes cast for a candidate having one symbol to be counted in favour of another person, especially to a person who is not contesting that election, said the Commissioner General of Elections, explaining further his statement of May 16, on the local government elections due to be held on Saturday May 20.

Interviewed by the Policy Research and Information Unit of the Presidential Secretariat (PRIU) on the many clarifications sought by members of the public with regard to the forthcoming local polls, Mr. Dissanayake said 65 A (2) of the Local Authorities Elections Ordinance (Chap. 262) was very clear that the votes cast for any party or independent group cannot be transferred to any others, who had not been contestants in the same election. “This will amount to proxy voting and it is not allowed” he said.

Referring to Colombo, the largest local body going to the polls on Saturday, the Commissioner General said there were reports of a large number of posters of persons who are known members of the UNP, claiming to seek election from the UNP, under the symbol of a pair of spectacles. He said it was wrong to mislead voters in this manner, as no vote cast for the pair of spectacles can be considered as having been cast to another party or independent group.

When asked whether voters in Colombo, or elsewhere, can cast their votes for those of a nomination list that has been rejected by the Elections Department, which decision has been upheld by the Court of Appeal and Supreme Court, Mr. Dissanayake’s reply was:

“No they can’t.”

“Why can’t they?”

“Because they are not nominated candidates; they are not in the fray.”

The Commissioner General said: “In any case their names will not be on the ballot papers.” The ballot papers will only have numbers. But the numbers are those allocated to the independent group or party which is in the fray. So in this instance the particular party is not in the fray. Therefore, they cannot canvass for votes based on their choice. It is the choice of the voters to vote either for a contesting party or independent group or not to cast their vote at all.

“Will this lead to the waste of votes of those who vote for one symbol, expecting them to be counted in favour of a party having another registered symbol?”

“Yes, it there is every possibility of such votes going waste” He queried as to why anyone should vote for a party that is not in the contest, when such a party cannot be elected under the law.

PRIU: “Is there to your knowledge a list in this election headed by Mr. Sirisena Coorey?”

“There is no list at this contest.”

PRIU: “So what have you to say about these paid advertisements that claim the symbol of the UNP is now the pair of spectacles?”

“I say that they engaged in a futile exercise.”

PRIU: “Has the UNP given notice to your department of a change of its symbol from the elephant to a pair of spectacles?”

“No they have not changed their symbol. It remains the elephant.”

PRIU: “Isn’t there something involving morality too in this?

 “Yes. Morally, this cannot be acceptable. This cannot be accepted as an act done by a responsible political party. I can imagine it being done by an independent group. But if a registered political party does it, it is immoral.”

The Commissioner General said that in addition to the legal prohibition of persons elected from one list being replaced by those of another party, there was also a judgment of the Court of Appeal which upheld such prohibition.  He referred to the judgment by S. Sriskandarajah J and S. I. Iman J, in CA Writ Application 1928/2003 in the Court of Appeal. It involved a person nominated to fill a vacancy in the Mawanella Pradeshiya Sabha.  The petitioner Mohamed Haniffa Mohamed Mazahir of Mawanella had petitioned the Court that the person appointed to fill the vacancy was not from the relevant list, and asked that he be appointed. The Court of Appeal had held in his favour; ordered the removal of the other person from outside the list and ordered that he be replaced by the petitioner.

Commissioner General Dissanayake said the procedure relating to replacing persons from a list was very clear “It is in simple English, anyone can understand, so I don’t know what they are attempting all this.”

Below is the relevant Section of the Local Authorities Elections Ordinance that governs the procedure in elections to local bodies.

Section 65: Article A (2) of the Local Authorities Elections Ordinance States

“If the office of a member falls vacant due to death, resignation or for any other cause, the returning officer of the district shall call upon the secretary of the recognized political party or the group leader of the independent group to which the member vacating office belonged, to nominate within a period to be specified by the returning officer, a person eligible under this Ordinance for election as a member of that local authority, to fill such vacancy. If such secretary or group leader nominates within the specified period an eligible person to fill such vacancy and such nomination is accompanied by an oath or affirmation, as the case may be, in the form set out in the Seventh Schedule to the Constitution, taken and subscribed or made and subscribed, as the case may be, by the person nominated to fill such vacancy, the returning officer shall declare such person elected as a member of that local authority. If on the other hand, such secretary or group leader fails to make a nomination within the prescribed period, the returning officer shall declare elected as member from nomination paper submitted by that party or group the candidate who has secured the highest number of preferences at the election of members to that local authority next to the last of the members declared elected to that local authority from that party or group.

Where all the candidates whose names were in such nomination paper have been elected or where none of the candidates whose names remain on such nomination paper, have secured any preferences, the returning officer shall forthwith inform the Minister through the Commissioner. The Minister may at any state when he consider it expedient to do so, by Order published in the Gazette direct the Commissioner to hold an election to fill such vacancy. The person elected to fill such vacancy shall hold office only until the expiry of the term of office of the members elected at the last preceding general election.”

 PRINT THIS STORY

Contact Information: Send mail to gosl@presidentsl.org with questions or comments about this web site. 
Last Updated Date: May  17, 2006 -9.55 GMT