I cannot cancel candidacy of law violators

Monday, 09 Sep 2013

Less than two weeks remain for the Provincial Council elections to select Councillors to the Northern, Central and North-Western Provincial Councils to take place. Incidents of election law violations have been increasing by the day, with the latest and one of the most serious being the alleged kidnaping and assault of a campaign financier of a UPFA candidate. Ceylon Today spoke to Commissioner of Elections, Mahinda Deshapriya, regarding the complaints of election law violations and the measures taken by his Department to ensure a free and fair election, come 21 September. by Sulochana Ramiah Mohan Following are excerpts: Q: Can you briefly explain the steps and processes taken by your department to ensure a free and fair election? A: For the Northern Provincial Council elections, there will be a group of 20 foreign poll observers representing several South Asian countries, led by Chief Election Commissioner of India, N. Gopalaswami. The other observers are from India, Pakistan, Bangladesh, the Maldives, Nepal, Bhutan, and Afghanistan. We also expect an independent group of poll observers, about eight to 12, representing the Commonwealth countries. They will have to meet me prior to their mission and they should strictly abide and act according to the Elections Department mandate. They should only observe the elections process and we dont expect them to comment or suggest anything. They will be here to observe only and will have no links with any other representatives of the public or private entities and all foreign election monitors should submit the report to me before leaving the country. Also, we have local observers from my department to control and coordinate the polls. This time, we are sending them to the polling areas seven days prior to the election date. Q: What is the reason for sending them seven days before elections? A: Mainly, to assess what is going on there. The polls can be kept under control because, if they detect any problem, I can annul the poll. People will know the officials are there and it would caution them and it would create a good environment to conduct a free and fair election. We

will know what we can do to bring it under control, especially when we are present there early. We need to be vigilant about some areas. Q: What are the areas you have identified as prone to election violence? A: I have been cautioned about Chilaw, Kandy, Gampola and Akurana. Also, some areas in Hatton and Ginigathena too need to be watched over. Q: What about Matale, where many claim a number of election law violations are taking place? A: Matale is under control and we have taken strict measures to remove posters and cut-outs. Q: What about Kurunegala? According to your department, the highest number of elections law violations has taken place in Kurunegala, which is 10 in total. A: In Kurunegala, the Police Department and most of the politicians obey our directives. Kurunegala is 100% under control, despite there being a few minor incidents. They will be dealt with before the polls. Kandy and Nuwara Eliya have recorded eight incidents each. Q: What is the situation in Jaffna? A: There was a shooting incident and one person has been arrested. That matter is being legally handled now. However, the major issue in the North is that the roads are painted with candidates names and symbols. We are wondering how to remove then. We cannot remove them. We have asked the RDA to tar the road again before the elections. We will trace the candidate, who use public roads for propaganda activities and issue them with letters. I am trying to get the opinion of the Attorney General as to whether we can fine them under the polluter pays law, which means the polluter is fined. We need to work on these laws that are seldom enforced. Even if I wont be able to enforce some of the laws this time, I will enact them in the next elections. It is interesting that I am being asked to attend to all these. No one wants to tie the bell to the cat. However, everyone is expecting the Elections Commissioner to do it. The Commissioners job is to conduct elections. We dont have enough staff, although there are sufficient funds, to conduct investigations into all the complaints we receive. We dont have a mechanism. I can only direct other departments to do the jobs that come under their purview, but I cannot direly tie the bell to the cat. I can acquire the State buildings and other public offices that are being used for elections. At this time, we acquired a circuit bungalow in Matale that was being used for propaganda work. In earlier elections, in Puttalam, there were State buildings that were being used for elections propaganda. We acquired them and handed over to the regional engineers, to use as their quarters. We have also acquired some lands belonging to the Puttalam Divisional Secretariat, State-owned film halls and the old divisional secretariat building of Ginigathena. However, this time we have taken over a State-owned circuit bungalow in Matale. Q: How many candidates have declared their assets so far?

A: A large number of candidates have not declared their assists. In Kandy alone 25 different political parties have been registered. Most of the candidates representing main parties such as the UPFA, UNP, JVP and ITAK, have declared their assets. However, candidates of several smaller parties have not declared. There are a total of 3,785 candidates eligible to contest. We cannot anticipate all of them to declare assets. However, we will take legal action against undeclared independent candidates. There is a fine they will have to pay and legal action will be taken. What is most unfortunate is that some of the independent groups do not even know about the need to declare assets in an election. When we send them letters requesting to declare their assets, the letters are accepted from the postman by the domestic help, gardeners and political party supporters, who sign and accept the form. As punitive action against those who fail to declare assets, I will delay the gazette notification announcing the polls results of such candidates. Q: How will that affect a candidates political career? A: Till I gazette, the winning candidates cannot take their oaths, which means they are not officially recognized even if they have won. They will know the results, however, till I announce through the gazette they cannot take up their posts. Q: So, when will they be able to be gazetted? A: I presume, before the election, most of them will submit their assets declarations. No candidate would like to be known that he failed to declare assets. Media will publish their names. Q: Are you giving them a grace period? A: Yes I will. There is no law suggesting a period of time for submission. However, once they win, no candidate can refrain from declaring his assets. I am sure the winning candidates will. Q: Will you release the list of candidates, who have not declared their assets to the media? A: Look, I cannot chase after people one by one asking them to declare their assets. Even the police do not do that. We dont have the total figures of who did not declare. We will also give a grace period after letting them know they are not gazetted. Q: With regard to election law violations, CaFFE has received a total of 375 complaints. How many have you dealt with? A: We have taken all the complaints and are working on them now. Most of them are dealt with. The Department of Elections received 330 complaints, out of which election law violations are numbered 294 and 36 are incidents of violence.

Q: There are about 50 complaints with regard to State officials engaging in election campaigns. How far is it true? A: The teams deployed to the provinces where elections are being held are looking into the complaints. In the instances where we learn that vehicles belonging to State departments being used for propaganda activities after altering the number plates, we deploy our officials to the relevant State departments, to ascertain the correct information. We check the audit files to verify the real numbers of the vehicles that are being used for campaign activities. Q: What State employees can take part in election activities? A: The Samurdhi Niladharis and teachers can get involved in political activities. However, Grama Niladharis, school principals, officials of district and divisional secretariats, security forces personnel, Elections Department staff cannot get involved in any political activities. Teachers and Samurdhi officers should not get involved in any activities during their office hours. Q: Which party has the most number of complaints against them? A: We dont count the parties. We go by the complaints against the candidates. Q: Do you have system for the media to report the polls? A: We would like to implement a system where local journalists can play an important role in covering the elections. Come up with a proposal, we will look into it. Q: Can you cancel the candidacy of the persons who act in a violent manner, at the last minute? A: No, we cannot cancel the candidacy of any person. We can replace a candidate only in the event of his death. But if he misbehaves at a polling booth or become violent, I can stop him from entering the ballot counting centre. We have done that in the past. Q: What is the message you have for the election candidates and voters? A: Please go and vote without any fear. No one can interrupt you. No one can tamper your ballot paper and the results. No one can change the ballot papers or the boxes. No one can trace your vote. Even the Elections Department cannot trace it. You can vote according to your preference. Voting is your right and it is your power, so execute it wisely. The most important thing to bear in mind is to refrain from drinking alcohol on that day. We must educate the future generation that this country is the best. For that, there should be a fine political environment and a good system in operation. We have a good system, but unfortunately we have not utilized it well. There are good laws that are not being enforced. Then the public lose trust in the government. So, a fine political environment can only come

about through free and fair elections. The government cannot be executing it fully. The public also should conduct themselves as good citizens.