Case on the guidelines by Elections Commissioner : SC reserves order

by Wasantha Ramanayake

The Supreme Court yesterday reserved order in the case questioning the guidelines issued by the Elections Commissioner to hold a free and fare elections in the North and East for November 9.

The Chief Justice Sarath N. Silva PC observed that it was desirable for voters from the uncleared areas to produce a form of official identity card but in the absence of such, the presiding officer could question to ascertain their identities.

The Chief Justice also noted that there should be two distinctive modes of transport from the uncleared areas up to the line of control and a separate transport facility within the government controlled area as recommended by the European Union Commission report.

Senior State Counsel Shavindra Fernando on behalf of the Elections Commissioner submitted the ten-point guidelines agreed by the representatives of the presidential candidates at a meeting with Commissioner on November 3. He submitted that the Elections Commissioner had decided to establish cluster polling stations in the government controlled areas.

However, counsel Udaya Gammanpila for petitioner leader of the Sri Lanka National Front, presidential candidate Wimal Geeganage submitted that the representatives had highlighted certain issues at the meeting. He submitted that in terms of certain reports that young children as young as 10 had engaged in illegal voting at the last general election in large scale.

To prevent such incidents at the forthcoming election the counsel emphasised the necessity of some form of identity to ascertain the identity of the voters to prevent malpractice.

President's Counsel K.N. Choksy for UNP leader Ranil Wickremesinghe contended that imposing such regulations would prevent the voters of uncleared areas from exercising their franchise.

Sri Lanka Progressive Front presidential candidate Peter Nelson Perera and Leader of the Sri Lanka National Front, presidential candidate Wimal Geeganage filed rights petitions complaining that there was a imminent infringement to their rights as the Elections Commissioner Dayananda Dissanayake was taking steps to establish polling stations in LTTE controlled areas.

The petitioners cited Elections Commissioner Dayananda Dissanayake, IGP Chandra Fernando, Army Commander Shantha Kottegoda and the Attorney General as the respondents.

They sought court declarations that the first respondent Elections Commissioner was not entitled to establish polling stations in the LTTE controlled areas and he was duty bound to take effective measures to establish the identity of the voters at the election.

John Cushnahan, the Chief Observer of the European Union Elections Observation Mission was also present in court during the hearing.

UNP Leader and its presidential candidate Ranil Wickremesinghe, PAFFREL and Centre for Monitoring Election Violence and Centre for Policy Alternatives sought to intervene in the two rights application.

President's Counsel D.S. Wijesinghe and Udaya Gammanpila appeared for the petitioners.

Senior State Counsel Shavindra Fernando appeared for the Commissioner.

President's Counsel K.N. Choksy appeared for UNP leader Ranil Wickremesinghe.

Sanjeewa Jayawardane appeared for PAFFREL and Centre for Monitoring Election Violence.

M.A. Sumanthiran with Viran Corea appeared for Centre for Policy Alternatives.

The order reserved for November 9.