Gajalakshmi Paramasivam

12 June  2020

Dual Party Ban

When I read the heading of the Island editorial ‘Polls and virus’ I recalled my own yesterday which went as follows: ‘Coronavirus & Lankan Elections’. It was confirmation that my message has spread. The Island editor is not likely to have read my article.  But to my mind – the belief in the connection was common. Hence the manifestation that is beyond our direct control. I present this as follows in my book:

[Our completed experiences are positive energies. Our abandoned experiences are negative energies. Belief helps us complete experiences that cannot be completed through the physical and/or the intellectual. Belief is often the root cause of manifestations even though we do not know that to be so.  Once we complete our experiences the Energy leads us. Abandoned experiences deteriorate into negative Energy and offset our positive Energy. At Energy level neither is within our control. This book is about how I completed my experiences as per my belief . The physically observed and the intellectually determined culminated in my belief. Once stored – my belief  always manifested Itself  to strengthen my brain and/or manifested itself  through me. I believe that completing our experiences with belief is a panacea for the mind. Hence my sharing so that the value would spread exponentially. Even if no one reads it – the place and time of my work would be enriched. ]

Be it Dual Citizenship ban or Dual Party ban for legislators they are fundamentally based on the principle that at the primary level there can only be one form for one’s belief at that place at a particular time. On that basis, I questioned the eligibility of the Samagi Jana Balawegaya (SJB ) party as follows in my article of 01 June, headed ‘Constitution  - The Intervenient Petitioner?

[The franchise of the electorate was given in the last elections to UNP candidate. Mr Premadasa the UNP candidate is different to Mr Premadasa the SJB candidate. The People have not given the latter the Franchise. In essence article 91(1) (b)(ii) of the Sri Lankan Constitution was violated when the Election Commission accepted the party SJB while Mr Premadasa was still holding a seat in Parliament as a UNP candidate. This to my mind was why Mr Mahinda Rajapaksa had Dr G L Pieris as his proxy, presented as follows in my article of 30 May – under the heading Dual Citizenship Dismissal of  Mr Premadasa’s group’:

“Mr Premadasa had the duty to resign as leader of the Opposition and from UNP membership before registering as member  of another Political Party. This was an issue when SLPP was formed with Mr Mahinda Rajapaksa as the real invisible leader and Dr G L Pieris became his proxy. By becoming leader of a party that did not exist in 2015, Mr Premadasa was in breach of the Doctrine of Universal Franchise which prohibits dual forms of belief. A belief expressed at primary level can have only one form. This is why we cannot vote for two or more contestants in the one election. This is why, in democracy one who has dual citizenship cannot be in Parliament.”]

Through  his Daily Mirror article ‘Where will Mangala head for ? – Kelum Bandara presents the following picture:

[Former MP for the Matara district Mangala Samaraweera decided to quit parliamentary politics on Tuesday despite having tendered nominations to contest the general elections on the ticket of Samagi Jana Balawegaya(SJB). 

It sprang a surprise in politics because the decision to move out from the race for parliament came at a time when the parties were bracing for the general elections. The law does not provide for him to withdraw his candidacy from the elections. So, he just announced to his constituents that he would not seek a parliamentary seat and therefore asked them not to mark their preferential votes for him.  ]

The leader of the SJB actually acted in breach of the fundamental value of Article 91(1) (b)(ii) of the Sri Lankan Constitution which requires as follows:

[91. (1) No person shall be qualified to be elected as a Member of Parliament or to sit and vote in Parliament –

 (b) (ii) if he - stands nominated as a candidate for election by more than one recognized political party or independent group in respect of any electoral district, ]

The law did not provide for any politician to be in two parties at the same time in the one parliament. To my mind if it did – that would be in breach of the fundamentals underpinning the above Article. But Mr Premadasa did hold membership in two parties.

To my knowledge no media in Sri Lanka seemed to consider this to be in breach of the law. When it comes to the Universal Franchise – one has to examine it at fundamental level – based on belief.

Mr Mangala Samaraweera’s self-elimination would be explained differently by different groups. But one who believes in the law of democracy would identify with the above mentioned breach as the reason why SJB lost him.

As an Independent  institution, the election Commission also has failed in this regard. But every sovereign individual and / or institution adding their power any way they can, enrich Lanka. Unless the politicians respect the law, they can get isolated and demoted to the lowest ranks by mother Justice.