The future of democracy in Sri Lanka appears to hang on the fundamental question whether the Commissioner of Elections will be able to hold the coming Parliamentary Election in a free and fair manner to a substantial extent if not entirely.
The Commissioner of Elections is responsible only to Parliament and thereby to the people. If a group of disorganized persons indulge in electoral malpractices at an election, the Elections Commissioner has the ability to stop it. However, if a ruling party in power does it in a most organized manner, the Elections Commissioner does not have the power to face such a challenge. This is why the country needs an Election Commission with wide powers. Although the People’s Alliance in its election manifesto of 1994 promised that the Elections Commissioner would be given all the necessary powers without delay, that promise remains unfulfilled to date. The PA government failed to make a positive response even to the request made by the European Union that an Election Commission be set up in view of the Presidential Election of ‘99. Reportedly, it was during the UNP administration that organized election malpractices became institutionalized. It was then a process that occurred in some election centres chosen in an extremely haphazard manner. Allegedly, the favorite method used was to get an armed group to force themselves into polling centres, seize the ballot papers and stuff the ballot boxes. However, due to criticism the UNP government was able to hold the Local Government Election of ‘91 and the subsequent elections in a free and fair manner.
It is reported that the Wayamba Provincial Council Election held in January ‘99 was the highest peak of election malpractice. The number of polling centres where it was officially reported that armed groups forced themselves into polling booths and used the ballot papers, was as large as 215. The government was however compelled to conduct the subsequent Provincial Council Elections in a free and fair manner to some extent. The Presidential Election of ‘99 allegedly became an electoral plunder conducted in an extremely subtle manner.
It is alleged that bogus ballot papers similar to those printed in the Government Press have been used. The ballot papers used at the Presidential Election of ‘99 could not have been destroyed. It is the responsibility of the Elections Commissioner to find out whether there are bogus ballot papers among them etc. If the bogus ballot papers that have been used have been passed for the PA, and if the number was substantial enough to have an effect on the PA’s victory then, that election result too should be made null and void. However, the opposition parties have not paid adequate attention to this question.
Due to a complaint received by the Elections Commissioner that bogus polling cards have been made elsewhere, he had to think of a way by which bogus polling cards could be identified. The view of the Government Printer is that the bogus polling cards handed over to the Elections Commissioner by the complainant are not those printed at the Government Press.
It was as a means of meeting the challenge that had arisen that the Elections Commissioner was compelled to use a special sticker for polling cards. This did not please the government. The government tried through the CID to sabotage that action of the Elections Commissioner by taking into custody a part of the stickers that were being made. The government is reported to have even prepared to arrest the Elections Commissioner under “The Prevention of Terrorism Act”. If not for strong advice by the Attorney General, the plan to arrest the Elections Commissioner might have been carried out.
An important theatrical episode was to get a PA National List candidate to make a complaint to the Human Rights Commission against the Elections Commissioner. Surprisingly, the Human Rights Commission started an inquiry into the matter with immediate effect.
The petitioner is not a candidate of the PA but functions as a Director of the Broadcasting Corporation under Minister Samaraweera. Ms. Manori Muttettuwegama who functions as a member of the Commission is not only a candidate of the PA, but is also a Director of the Lake House which is under Minister Samaraweera. Mr. Sarath Cooray too who is another member of the Commission is an Advisor of the Lake House under Mr. Samaraweera. The Chairman of the Commission is a Legal Advisor to Minister Samaraweera. It is as if a complaint made for Minister Samaraweera’s political necessity is to be inquired into by a Board of Judges appointed by himself.