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Attorney General in a letter addressed to the Secretary General of Parliament had informed her that the proposed private member Bill which seeks to re-convene the dissolved local government bodies is of the opinion that clause 2 of the legislation is inconsistent with articles 3, 4, 12(1) and 14(1) of the constitution and that it has to be enacted with a special majority and through a referendum.
“Furthermore, a dissolved local authority may be re-convened for an indefinite period of time without any nexus to the crisis referred to in the proposed provision. Therefore the proposed amendment would have the effect of extending the terms of local authorities and delaying elections, and members of local authorities who have exceeded their term limit as elected representatives of the people could continue in office for an indefinite period of time without a democratically obtained mandate. Hence, the franchise of people, as well as their fundamental rights to vote and stand for elections would be affected. In this context, your attention is drawn for the special determination of the Supreme Court in SC (SD) Nos 20-32/2017 to the 20th Amendment to the Constitution Bill,” the AG said in his letter.
The amendments to the Pradeshiya Sabha Ordinance, Municipal Council Ordinance and Urban Council Ordinance to reinstate local government members and re-convene dissolved bodies were presented to Parliament about a fortnight ago.
Commenting on the matter, Chief Opposition Whip Lakshman Kiriella said the government should now come up with its intention and state whether it is planning to hold a referendum or not. (Yohan Perera)