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by Rodney Martinesz

The case filed by Dr. Arjuna Parakrama of the Centre for Monitoring Election Violence (CMEV) against the Commissioner of Elections compelling him to set down guidelines for eliminating election fraud was settled yesterday before the Supreme Court with the issuance of such guidelines by the Commissioner and their acceptance by all recognised political parties.

In his fundamental petition Dr. Arjuna Parakrama inter alia had pinpointed certain glaring deficiencies in the conduct of the October 2000 General Election, with specific reference to the Kandy District.

The Petitioner also in his pleadings stated that the 1st respondent Commissioner of Elections had thought it fit to annul only 22 polling centres in 6 Districts. However he has totally ignored 9274 votes forcibly stuffed in another 47 polling centres but did not annul them.

Petitioner pleaded that the 1st respondent had acted without a rational basis and without proper procedure and guidelines when he eliminated some votes and not others and also by annulling a few centres but not the majority.

He prayed court to order the Commissioner inter alia to ensure that consistent policy is used when annulling various electoral divisions.

When the matter came up before court yesterday counsel for Petitioner informed court that the Commissioner had summoned Party Secretaries and with their consent laid down a set of guidelines to avoid polls malpractices in the future.

Counsel told Court his client was satisfied with the guidelines since this has provided the relief claimed in the Petition and therefore Petitioner moves to withdraw the application.

Court granted the request and accordingly dismissed the application without costs.

The Bench comprised Chief Justice Sarath N. Silva PC and Justices Dr. Shirani Bandaranayake and Hector S. Yapa.

Romesh de Silva, PC with Hiran de Alwis instructed by G. G. Arulpragasam appeared for the Petitioner Dr. Arjuna Parakrama.

Additional Solicitor General Saleem Marsoof PC with Rajiv Gunatilake PC appeared for the Commissioner of Elections Dayananda Dissanayake.

A. P. Niles appeared for the 3rd respondent General Secretary of the UNP. Following are the guidelines:

(1) Annulment of poll under Section 48A of the Parliamentary Elections Act No. 1 of 1981:

If not possible to conduct the poll due to any reason beyond the control of the Presiding Officer.

If one or more polling agents are threatened or assaulted or chased out from the polling station during the poll.

Non arrival of the polling staff at the polling station due to obstruction on the way.

If any disturbance of peace at the polling station making it impossible to take the poll.

If any stuffing of ballot papers forcibly done by any person.

Whenever there is no genuine, free, equal and secret poll at any polling station, Commissioner will exercise his powers to annul and invalid the poll.

2. If any incidents referred to above taken place at any polling station during the polling hours it will be treated that there is no continuation of poll under Section 48A(1)(b) of the Parliamentary Elections Act No. 1 of 1981, 46A(1)(b) of the Presidential Elections Act No. 15 of 1981 and 46A(1)(b) of the Provincial Councils Elections Act No. 2 of 1988 and action will be taken by the Commissioner of Elections to annul the poll of those polling stations under the above mentioned provisions of the Elections Acts.

(3) Order for a fresh poll under Section 48A of the Parliamentary Elections Act No. 1 of 1981:

The Commissioner of Elections order for a fresh poll under Section 48A(7) where poll declared annulled by him under the above mentioned circumstances.

When the results of the elections for such electoral district affected by the failure to count the votes polled or the votes which would have been polled at the polling stations and also the Commissioner will consider preferences secured by each candidate nominated by each party or group at the election for such electoral district whether it will affect the results.

In the event the votes polled or the votes would have been polled and the preferences secured by each candidate affected the results, Commissioner will forthwith appoint a date for taking fresh poll in terms of Section 48A(7) of the Parliamentary Elections Act, Section 46A(7) of the Presidential Elections Act and Provincial Councils Elections Act.

S.P.OO shall record all the incidents taking place at the polling station during the poll hours in his journal and also inform the field A.R.OO and the R.O. immediately.

Further IGP will be requested by me under Section 127A of the Parliamentary Elections Act, Section 119A of the Presidential Elections Act and Section 76A of the Referendum Act to instruct all the police officers who are on duty at the polling stations to maintain a journal and record all the incidents taken place and the journal should be handed over to the R.O. after the close of the poll.

On receipt of this information from the SPO, Commissioner will take appropriate action under the above mentioned provisions of the Elections Act.

If any SPOO, field AROO, or Police Officers of the polling stations failed to record any incidents in their journal or failed to report any incidents to the R.O. disciplinary action will be contemplated against them through their respective Heads of Departments.

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