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Issues to be addressed by electoral policy makers, law makers in Reforming election laws in future

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8 March 2018 01:10 am - 0     - {{hitsCtrl.values.hits}}

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The weak institutional structure of the Local Authorities: Creation of a weak institutional structure due to the failure of one major political party to secure a clear majority in a large number of Local Authorities.    

 

 


  • 138 Local Bodies with 50% single party majority
  • There are altogether 366 additional representatives elected
  • 60% of members elected using first-past-the-post voting and the remaining 40% through closed list proportional representation
  • The Parliamentary Elections are due to be held in the course of next 2 ½ years

1. There are only 138 Local Authorities in which a single political party had been able to secure a clear majority of 50% and above and is able to set up the Council in these Local Authorities without having to enter into an alliance with any other parties.This represents 40% of the total number of Local Authorities.   

2. There are 34 Local Authorities where one party has been able to secure only 50% of the Councillors. Due to lack of a simple majority, it would not be possible for them to set up the Council without the support of another party.  

3. There are still another 170 Local Authorities with less than 50% representation by each political party that had contested the election. Whichever the party that may set up the Council in these Local Authorities which constitutes 50% of the Local Authorities, will be compelled to form an alliance with another parties due to lack of a clear majority. The long term survival of these Councils, however, will depend on the vagaries of national level politics.  

4. No single political party could set up the Council in any one of the Local Authorities in Vavuniya, Mannar, Mullaithivu and Polonnaruwa districts without the support of another party.   

In order to overcome these setbacks in the long run, it is necessary that we carefully re-look at the Bonus seats and the Cut-out points

Though, it is a good sign to set up Local Government Councils with the participation and consensus of all political parties in a situation in which no party has been able to secure a simple majority, it may lead to practical problems in fulfilling the urgent needs of the citizens of those Local Authorities. It is therefore necessary that the political leaders at national level reach a decision soon in order to circumvent this issue. Unless, they intervene soon to find a solution, it would invariably pose a serious problem in appointing the Chairmen and Mayors of the Local Authorities in question. Moreover, the political authorities of many Local Councils is likely to change with political fluctuations that may occur from time to time.  

In order to overcome these setbacks in the long run, it is necessary that we carefully re-look at the Bonus seats and the Cut-out points. Perhaps, this might lead to some problems in regard to the democratic values involved in these elements. Yet, it is important that we find some alternate solutions for these issues.  

Issue of Extra or Additional Members – (Overhang Members) 
As per the results of the recent LG elections, 366 elected Councillors fall into the category of Extra or Additional Members (Over hangers). This constitutes a 4% increase in the number of total Councillors elected. This situation has arisen in 196 or 57% of the 340 Local Authorities which include 12 Municipal Councils, 20 Urban Councils and 164 Pradeshiya Sabahs.  

The impact of this scenario is felt more in the Pradeshiya Sabahs. Of the 276 Pradeshiya Sabahs, there are 164 Sabahs with extra or additional Councillors (Overhang members). There are altogether 299 Additional Councillors in the Pradeshiya Sabahs. This implies that the category of the additional Councillors is found in 56% of the total number of PSs. Kilinochchi district is the only exception.   

This situation may occur at any Ward where there is a provision for electing more than one Councillor for the Ward. This is because the party in question is entitled to have one or two additional Councillors without any increase in the number of votes polled. However, this must not be construed as a situation that has arisen solely due to the presence of Multi- Member Wards or Constituencies.  

Altogether 169 multi member constituencies were introduced at the recent elections. Of which 165 were two member constituencies and 4 were three member constituencies. This implies an increase of the number of Councillors by 173. But there are altogether 366 additional representatives elected. This makes it clear that 193 or the majority of the additional Councillors had been elected outside the multiple member seats. This is due to the selection of representatives under a mixed electoral system where 60% of members were elected using first –past- the- post voting and the remaining 40% through closed list proportional representation. Under this system, though the distribution of the number of members among the political parties is made in proportion to the votes polled by them, paradoxically, it tends to invalidate the proportionate character once the distribution is made. This becomes very serious when one party wins all the wards at a very close fight with it’s runner up. Such a situation is likely to arise when all wards are won without having a significant increase in the total number of votes.  

With the introduction of the new system, the right the voter enjoyed in selecting the candidate he preferred, was withdrawn

The only viable solution to the current problem encountered with regard to the issue of the additional members would be – (instead of selecting all members according to the proportional representation) – to select 60% of the members by wards from the vote of the citizens and the remaining 40% to be divided among the political parties in proportion to the votes they polled at the elections. This will facilitate the distribution of 40% Councillors under proportionate representation without upsetting the ward level results achieved by the respective political parties.   

 

Political parties, candidates, groups that mislead voter
Certain groups of people who were not residents of the domain of the relevant Local Authorities and also groups of people having no political knowledge or background were observed to have fielded candidates from political parties and in some instances contested under independent groups during the recent election. So much so, the citizens too, wittingly or unwittingly had them elected as their representatives. The main object of the new system was to elect a representative responsible for the ward that he represents. Yet, looking at the election results this object seems to have been defeated.  
Invariably, the Leaders of all contested Political Parties and the Independent Groups should be held directly responsible for this situation.

They have misled the voter consciously and intentionally. Therefore, in order to avoid a situation of this nature, laws should be enacted making it compulsory for the candidate to be a residents of the area of the Local Authority itself, for which he/she contests and to submit a certificate from the Grama Niladhari confirming his address at the time of handing over the nominations. There were reports that some candidates have misled the voter during campaign time persuading the voter to believe that upon victory they would resign from their seats and transfer the Councillorship to a member of their family or to a popular local political leader of the area . It is essential that laws be enacted to deprive such candidates who mislead the voter of their candidacy and the Councillorship in the event they get selected.  

 

Denying voters of their preference
With the introduction of the new system, the right the voter enjoyed in selecting the candidate he preferred, was withdrawn; and any candidate fielded by the political party had the opportunity of being elected on the strength of the vote polled for the party. This has been amply proved by the results of the recent elections. Many candidates who were people friendly and had consistently served the people for decades had been defeated while the candidates who generally deserve no respect in the society were elected. In this backdrop, a transparent set of criteria must be adopted when candidates are selected at least at party level and the submission of a police report is made a compulsory requirement for candidacy. If this requirement cannot be made legal, it should, at least be made a tradition of the political parties.   

It is alleged that some of those who aspired to become candidates at the recent elections were compelled to be submissive before the Chief Organizer of the Electorate. There were even grievances on alleged sexual bribes sought from women for nominations at the recent election. This situation has been further exacerbated after the election. Practically, the Chief Organizer of the Electorate has his/her discretion and a greater influence in appointing Councillors selected under the system of proportional representation. Consequently, the local level politicians were rendered helpless before the authority of the Chief Organizer of the Electorate.

There were reports that the Chief Organizer of the Electorate was planning to offer the posts of Mayor and Chairman even to those who had been suspected of corruption disregarding the elements of seniority, knowledge and creativity of the potential candidates. In view of these tendencies, it is important that all political parties should adopt an appropriate methodology to make these appointments on a proper appraisal of the merits of the applicants. Otherwise, the public opinion might be decisively undermined while the political party mechanism will collapse in the face of the ensuing conflicts that might develop between the Chief Organizer of the Constituency and the local political leaders.   

 

Imposing an Upper Limit on Expenses
The recent LG election were relatively less violent; the use of state power and violation of Law remained at a minimum level. Yet, it was possible to observe that both candidates and the contesting political parties were offering physical and mental bribes to voters. These bribes covered a wide range of things from sewing machines to household equipment, agricultural equipment to loan facilities and subsidies, offering of job opportunities, payment of electricity and water bills etc. Prevalence of a situation of this nature obviously has a very high potential of making a direct influence on the voter and fetching direct advantages to the candidate in a ward based election system. 

169 multi-member constituencies were introduced at recent polls.  Of which 165 were 2-member constituencies and 4 were 3-member constituencies

 

Let’s learn from Experience Gained 
By now, the official term of three Provincial Councils has lapsed and a new system of election has been introduced for the PCs. A series of discussions about amending the system of Parliamentary Elections too, have been concluded. The Parliamentary Elections are due to be held in the course of next 2 ½ years. Therefore, our law makers and policy makers should initiate a dialogue on the introduction of an electoral system taking into consideration, the drawbacks of the recent Local Government Elections with the view to circumventing the legal flaws, practical problems, structural issues, problems affecting political stability and especially, to establish a system that safeguards and fulfils the true needs and aspirations of the people.   


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