(Lanka-e-News- 19.Oct.2014, 11.45PM) Democratic party leader General Fonseka whose franchise had been cancelled according to the electoral register of 2013 , yet allowed to cast his vote at the western provincial council elections ,has now been denied franchise based on the electoral register name list of 2014.
Following a complaint received by the Elections commissioner after seeking Attorney general’s (AG) advice , based on a directive given by the AG , Palitha Fernando who went on retirement yesterday , the name of General Fonseka was withdrawn from the 2014 electoral name register The elections commissioner had notified this in the letter addressed to the secretary of the Democratic party day before yesterday.
Fonseka convening a media briefing yesterday stated as follows :
''Truly speaking , it is the elections commissioner himself who told me that I am eligible to vote according to the elections register of 2013.When I had served 20 months of my 30 months sentence of imprisonment , the President freed me. It was the commissioner himself who told me about a month before the western PC elections that I have the right to vote because I had been freed before completing the sentence.
Until the last month end , in the electoral list of 2014 , my name was there .If there is truly a system to withdraw the franchise that should have been given effect to since the day I was imprisoned. If after I have cast my vote once , various individuals are conspiring together to withdraw that right , certainly I shall go for litigation. But , in the present lawless climate I doubt whether I can expect justice from the courts.
I shall even take this up internationally and with the Human rights commission while highlighting that under this corrupt election practices the sovereignty of the people is being compromised and destroyed. ''
Section 89 (c) of the constitution stipulates as follows pertaining to denial of franchise :
''If any court sentences an individual found guilty for any reason to not less than six months in jail for an offence punishable with a jail sentence of not less than two years , and is serving the sentence, or within a period of 7 years that had elapsed had served the sentence fully , that individual is not eligible to vote at an election to elect a President , Parliamentary election , a people’s referendum nor have the right to vote .
According to this section , if an individual who is not eligible is granted a pardon sans conditions , the ineligibility ceases from the date the pardon was granted.''
Accordingly ,if General Fonseka is not serving a jail sentence ; if he has not served the full sentence ; and he had received a pardon , it is not necessary to be an elections commissioner or an AG to understand that the withdrawal of his franchise is a violation of the constitution . Just a knowledge of simple Sinhalese language will be more than sufficient.
Casting all this aside , there is no provision anywhere that allows double standards to be practiced whereby franchise is granted once and withdrawn second time on the same grounds. The right to franchise is not like the monsoon rain which changes its pattern every year .
This double standard applied is a broad daylight most obnoxious anti national villainy , for which the elections commissioner should hold himself finally responsible. In order to cover up this most abominable treacherous perfidy committed by the elections commissioner , no room should be allowed to enlist the AG to protect him . It is therefore the absolute and inescapable duty of the elections commissioner to restore General Fonseka’s franchise.
Mahinda Deshapriya please don’t stoop this low . At least now act with rectitude and integrity . You are performing duties of a lofty bureaucrat , so don’t become a cursed stinking rat playing hide and seek inside a filthy drain.
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by (2014-10-19 23:06:36)
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