Reconvening dissolved local bodies inconsistent with constitution: SC

By Yohan Perera and Ajith Siriwardana   

The Supreme Court had determined that the government’s move to reconvene all dissolved local bodies is inconsistent with the constitution.   

As per the announcement made by Speaker Mahinda Yapa Abeywardena in the House, the Supreme Court had held that the proposed amendments to Municipal, Urban Council and Pradeshiya Sabha Bills which sought the reconvening of local bodies are inconsistent with the constitution and have to be passed by a two-thirds majority and approved by the people at a referendum.   

In its determination, the Supreme Court referred to the Supreme law of the constitution. “As per this law, Sri Lanka is considered a democratic country and having elections is of paramount importance to maintain democracy. Therefore, the government is required to uphold democratic principles enshrined in the Constitution. Holding elections on time is an utmost important act in a democratic society. The proposed Bills will prevent holding elections. Therefore clause 2 of the Bills violate Article 1 of the constitution,” the Supreme Court said in the determination.   

“It is pertinent to note that the Bills have an impact on the outcome of the franchise rights violation,” the determination added. 

 
Referring to a question raised by Chief Opposition Whip Lakshman Kiriella as to whether the government will hold a referendum as determined by the judiciary, Prime Minister Dinesh Gunawardena said the government will respect the decision of the judiciary and will take steps accordingly.