Bad laws a threat to democracy

The Court of Appeal (CA) has dismissed a petition, in limine, which sought an injunction to prevent Western Province Local Government Commissioner Sarangika Jayasundara from conducting elections by secret ballot to the posts of chairman and vice chairman of the Seethawaka Pradeshiya Sabha.

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The CA decision is based on the existing election laws that provide for the Local Government Commissioners’ discretion in conducting elections to the posts of chairpersons/mayors and deputy chairpersons/deputy mayors of the hung local councils. The NPP lost no time in welcoming the CA decision.

In a country like Sri Lanka, there should be no legal provision for the discretion of public officials where elections to local council heads are concerned, for the government in power exerts pressure on state employees to do its bidding to further its political interests, or some public officials sell their souls to politicians.

The existing laws should be amended to make open votes mandatory in elections to top posts in all political institutions. Preferably, they should be roll-call votes or show of hands. The people have a right to know how their elected representatives vote in view of very serious allegations of bribery and corruption against the MPs, provincial councillors and local government members. Quite a few newly-elected Opposition local councillors are accused of having taken bribes to vote against their own parties. Secret ballots have stood these elements in good stead. No room should be left for secrecy in elections to top posts in the local councils.