Re-convening dissolved local bodies a violation of constitution: AG

By Yohan Perera   

The Attorney General in a letter addressed to Secretary General of Parliament had informed her that the proposed private member’s Bill which seeks to re convene dissolved local government bodies is of the opinion that clause 2 of the legislation inconsistent with the articles 3, 4 , 12(1) and 14(1) of the constitution and that it has to enacted with a special majority and through a referendum.  

“Furthermore, a dissolved local authority may be reconvened for an indefinite period of time without any nexus to the crisis referred to in the proposed provision. Therefore the proposed amendment would have the effect of extending the terms of a local authority and delaying elections, and members of local authorities who have exceeded their term limit as elected representatives of people could continue in office for an indefinite period of time, without a democratic mandate. Hence, the franchise of people, as well as their fundamental right to vote and stand for elections would be affected. In this regard your attention is drawn for the special determination of the Supreme Court in SC (SD) Nos 20-32/2017 to the twentieth amendment to the constitution Bill,” the Attorney General said in his letter.   

The amendments to the Pradeshiya Sabha Ordinance, Municipal Council Ordinance and Urban Council Ordinance to reinstate local government members and reconvene dissolved bodies were presented to Parliament around two weeks ago. Commenting on the matter Chief Opposition Whip Lakshman Kiriella said the government state whether it is planning to hold a referendum or not.