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Former EC Mahinda Deshapriya responds to those who claim there will be no elections due to Charles’ resignation! The commission is unaffected! Read the act!

January 26, 2023
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Former EC Mahinda Deshapriya responds to those who claim there will be no elections due to Charles’ resignation! The commission is unaffected! Read the act!

Mr. Mahinda Deshapriya, the former chairman of the Election Commission, says that due to the resignation of a member of the Election Commission, the work of the Election Commission will not be affected in any way.

Member of Election Commission Mrs P.S.M. Charles’ resignation from the duties of the commission in a letter addressed to the President Yesterday (25).Former Chairman EC has mentioned this on his Facebook page

The note of the former chairman of the Election Commission states:

Will EC be paralyzed by resignations? I noted in a previous post that the answer to this is no and that the commission has three members to function. I also published Article 104 of the Constitution as a comment on this question, which is asked repeatedly by many people.

104. (1) the quorum for any meeting of the Commission shall be three members.

 (2) (a) The Chairman of the Commission shall preside at all meetings of the Commission and in the absence of the Chairman from any meeting of the Commission, a member elected by the members present from amongst themselves shall preside at such meeting.

(b) Decisions of the Commission shall be by a majority of the members present and voting at the meeting at which the decision is taken, and in the event of an equality of votes, the Chairman or the member presiding at the meeting shall have a casting vote.

(3) The Commission shall have power to act notwithstanding any vacancy in the membership of the Commission, and no act or proceeding or decision of the Commission shall be invalid or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.

There are three ways to postpone the mini-election

Meanwhile, the former chairman of the Election Commission, Mahinda Deshapriya, announced that there are three opportunities to postpone the local government elections.

He claims that the vote can be postponed according to a censure through the courts, an act passed by the legislature on the acceptance of the court and a decision taken by the election commission according to the powers in the election act. He emphasizes that there is no other way to postpone the vote.

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