By Sandun A. Jayasekera

Incumbent President Mahinda Rajapaksa of the UPFA and General Sarath Fonseka of the New Democratic Front will be among the 17 candidates from political parties contesting the upcoming presidential election together with five independent candidates who handed over their nomination papers to Elections Commissioner Dayananda Dissanayake yesterday for the January 26 poll.

Mr. Dissanayake rejected the nomination papers of the Sri Lanka Progressive Front as there were two nominations and both papers had not been approved by the General Secretary of the party.

United National Alternative Front candidate Sarath Kongahage objected to the candidacy of General Fonseka during the time allotted for objections, arguing that there were questions about his citizenship as he was also a citizen of the Unites States.

When requested to provide any documentary evidence, Mr. Kongahage failed and hence the objection was ruled out. Mr. Dissanayake advised Mr. Kongahage to take his objection to courts with evidence.

Addressing the 22 candidates after the conclusion of the receipt of nominations, Mr. Dissanayake appealed to them to assist him and his staff to conduct a free and fair election. Mr. Dissanayake stressed there should be complete freedom and the right atmosphere for police officers and other public officers to implement the law impartially without showing any special attention to any candidate or political party during and after the election.

The objective of the law is to hold a free and fair election on behalf of the voter and the candidates and to guarantee the intention expressed by the voter is correctly reflected in the results of the election. To ensure a successful election, relevant officers should implement the law to the letter rather than take undue advantage of loopholes in the law. The successful conduct of a free, fair and impartial election depends on the dedication shown by the state authorities to a great extent, he emphasized.

“During previous elections there were many complaints that officers who were entrusted with the task of implementing election laws and candidates did not receive due assistance from the Police which was responsible to maintain law and order. I therefore wish that the Inspector-General of Police and his entire staff will not allow any room for complaints this time and act impartially and promptly in carrying out their legitimate duties,” Mr. Dissanayake said.

“I wish to have suggestions and comments by the candidates regarding a request already made by a political party to invite foreign organizations to observe the election,” he said. ”The misuse of state resources to promote the election of any candidate was prohibited under the 17th Amendment. Any contravention of these instructions will be referred to the Inspector-General of Police to take legal action against those contravening the provisions of the Constitution,” he added.

Commenting on the behaviour of the media during the elections, Mr. Dissanayake said the laws had been enacted to control the state media only. But now there are a large number of private media organizations.

Candidates have the opportunity to make a request to the chairpersons of the relevant institutions for radio and the television broadcast of election propaganda speeches within one week of the date of nominations. Steps will be taken to provide the facility after the receipt of requests. “I am required to enforce certain controls on the state owned media and issue guidelines only to the private media. It is with utmost contempt that I observe that some media institutions have behaved in the most despicable manner marring their images and insulting the intelligence of the voter who has enjoyed and experienced adult franchise for over a three quarter century,” he stressed.

In terms of Section 2 of the Assets and Liabilities Act, each candidate should, on the date of nomination or before assuming duties in the post of President by the winning candidate, submit a statement of his assets and liabilities. Unsuccessful candidates should submit the statement either on the date of nominations or within three months from the date of nominations.

The attention of the candidates is drawn to Section 74 of the Presidential Elections Act, regarding the display of propaganda materials like posters, banners, etc. for promoting their election. Instructions have been issued to the Inspector-General of Police regarding the implementation of this regulation. Display and exhibition of posters, placards, notices, etc. are allowed only at a place where a public meeting is held and only on the date of such meeting. It is illegal to display or exhibit such material in any place where the public have a right of or are granted access to or on roads and streets. I have already informed government authorities of the law.

“I therefore wish to request the candidates and political parties to remove or dismantle all the illegally exhibited propaganda material within the course of today. Police officers should take steps tomorrow to remove all such displayed items without waiting for further orders or instructions. They should treat this as an election duty,” he noted.

The Commissioner of Elections has the power to annul the poll of any polling station where the poll has been adversely affected due, to any disturbances. In the Supreme Court F.R. Case No. 4 12/99 the Court has approved certain guidelines under which a poll can be annulled. The Court pointed out that re-poll was ordered in order to give the voter of polling stations where the poll was annulled, another opportunity to exercise their franchise. Since the law requiring the voters to prove his identity is being implemented the police officers on duty at the polling stations will not experience any difficulties in keeping any unauthorized persons out of the polling stations. Hence it is not anticipated that no disturbances will occur at polling stations, Mr. Dissanayake said.

“The requests being received by me for re-consideration of the prohibitive order given by me under the Constitution to all the authorities of the Government to refrain from misusing State resources to promote the candidature of any person show that these authorities have not grasped the meaning of the provisions in the Constitution. I wish to strongly emphasize on this occasion that Government officers are duty bound under the Constitution to uphold the law and assist the Commissioner of Elections to conduct a free and fair election,” Mr. Dissanayake said..

It is recorded with much pleasure that after 30 years it is possible to hold this election in a safe atmosphere even in the North and the East. However, some of the internally displaced persons are now being re-settled and some persons have not been able to register their names in 2008. Electoral Register which is used at this election. All attempts are being made to provide facilities to displaced voters to exercise their franchise in the areas where they are now living. The Returning Officers of the relevant districts are now taking all necessary steps in this connection. I request the candidates and civil organizations in the area to take an interest in this regard. It is possible that the Returning Officers of the North and East may have to seek the assistance of security forces in certain instances, other than the Police as is normally done. It is hoped that the voters and polling staff will not be disturbed in casting their vote or performing their functions due to this deviation from the usual procedure. I wish to mention in this connection that certain actions taken by the security forces at previous elections led the Supreme Court to declare that the fundamental rights of some voters were violated. Mr. Dissanayake requested the candidates, voters, political parties and civil society, police officers who are responsible to implement certain laws, returning officers and other government officers to treat this election as a rehearsal for the Parliamentary Election which would be held next year and offer their fullest co operation to Commissioner of Elections and the Elections Department at this election.

Meanwhile, Elections Commissioner Dayananda Dissanayake yesterday appealed to the independent candidates and candidates from minor political parties contesting the Presidential election not to misuse their air time for ‘election propaganda’ to promote another candidate violating the election law.

“It not only violates the law but abuses the privilege given to them. Air time for 22 candidates on the TV and Radio is not simple,” he said.

Mr. Dissanayake emphasized that the election law has to be amended to prevent every Tom, Dick and Harry contesting major elections as it was a waste of time, money and also weakens the democracy.

Mr. Dissanayake stressed yesterday that the election officials would accept only the temporary ID cards recommended by Grama Niladharis and Estate Superintendents for voters who do not possess a National Identity Card or any other card acceptable to the election officials.

Help develop country: President

President Mahinda Rajapaksa speaking to journalists after handing over his nominations yesterday said he had fulfilled most of his pledges given under ‘Mahinda Chinthana’ in 2005 with the main objective of liberating the country from the scourge of terrorism.

“I have achieved the most difficult task of bringing durable peace to all citizens of this country. Now I appeal to the people to support me to achieve my next target of developing the country and make it the most vibrant democracy and economic hub of the region,” President Rajapaksa said.

Will crush nepotism: Gen. Fonseka

Opposition main candidate General Sarath Fonseka told the media yesterday that his fight in the Presidential election would be to save the country from the grip of one family.

“The country is surely slipping into a tyranny, ruled by a few people, depriving all others their rights and freedom. We must put to an end to this trend and we will do it on January 26. Sri Lanka has no future if we let one family to fleece it any longer,” General Fonseka said.

Campaigns kick off today

The two main presidential candidates will kick off their election campaigns in Kandy and Anuradhapura today after religious observances.

President Mahinda Rajapaksa will address his maiden election rally in Anuradhapura today at 1.30 pm after paying homage to the Jayasiri Maha Bodhi and Ruvanweliseya.

Meanwhile, Opposition Common Candidate Gen. Sarath Fonseka will address his rally in Kandy at 2 pm today after religious ceremonies in Sri Dalada Maligawa.