An EC Member’s resignation will not affect LG election, say former and current EC Chairs
- Punchihewa says election preparation will continue
- EC yet to receive P.S.M. Charles’s resignation
- Ex-Chairman Deshapriya points to Constitution
The resignation of an Election Commission (EC) member will not affect the Local Government (LG) Poll, Chairman of the EC, Attorney Nimal Punchihewa noted yesterday (26).
When queried by The Daily Morning as to whether the resignation of an EC member – in the backdrop of media reports that EC member P.S.M. Charles has resigned – would affect the upcoming election in any way, he noted: “No. It won’t affect the election process or our activities.”
In a media release issued in this regard by the EC, it was stated that there had been media reports that the EC Chairman and the members have resigned from their posts, and that the resignations have been forwarded to the President’s office. However, the EC stated that no such resignations were received. The EC also noted that preparations for the upcoming LG poll are being carried out uninterruptedly, as no resignation letters or copies of the said letters have been received thus far.
Meanwhile, tackling this matter on social media, former EC Chairman Mahinda Deshapriya wrote that resignations will not weaken the EC. He also quoted Article 104 of the Constitution in connection with his post. Accordingly, Article 104(1) states that the quorum for any meeting of the EC shall be three members while as per Article 104(2)(b), the decisions of the EC shall be by a majority of the members present and voting at the relevant meeting, and that in the event of an equality of votes, the Chairman or the member presiding at the meeting shall have a casting vote.
Further, Article 104(3) states that the EC shall have the power to act notwithstanding any vacancy in the membership of the EC and that no act or proceeding or decision of the EC shall be invalid by reason only of such vacancy or any defect in the appointment of a member.
Charles had, according to news reports, tendered her resignation on Wednesday (25); however, attempts by The Daily Morning to confirm whether this was in fact and indeed the case, proved futile, as Charles was not available for comment. There are currently five members representing the EC, namely Punchihewa, S.B. Divaratne, M.M. Mohamed, Charles, and K.P.P. Pathirana.
