Counting process to be expedited:

All measures in place for peaceful PC polls - Elections Commissioner

By Manjula FERNANDO

Elections Commissioner Mahinda Deshapriya, in an interview with the Sunday Observer, spoke of the proposed Independent Elections Commission, the need to bring in electoral reforms and how he strives to ensure a free and fair election in the run-up to the September 8 Provincial Council (PC) polls in the Sabaragamuwa, Eastern and North Central Provinces.

Excerpts of the interview:

Q: What is your assessment of the level of violence in the NCP, Sabaragamuwa and East ahead of elections, compared to previous PC polls? Do you think the Police and political parties are doing enough to contain the violence and threats?

A: It is very difficult to compare these elections as the external conditions then and now are very different. In 2008, elections were held when the LTTE was present. In the Eastern Province, it was just after liberation. Now, we don’t have any armed gangs controlling parts of these areas. The entire country is under Government control. We don’t have the so called ‘border villages’. The violent incidents were few. There was one shooting incident in Embilipitiya.

Q: There were a lot of allegations about election violations in the polls areas?

A: Yes, there are allegations from the JVP, UNP, observer groups and concerned citizens. There are some incidents, but after the intervention by President Mahinda Rajapaksa who directed that misuse of public property be stopped, Sabaragamuwa is now completely under control.

I am getting a lot of support from the main parties, UNP General Secretary Tissa Attanayake and UPFA General Secretary Minister Susil Premajayantha as well as SLFP General Secretary Minister Maithripala Sirisena and JVP General Secretary Tilvin Silva, to maintain law and order during the polls period.

The police are doing a great job in clearing posters, but the issue is that it is an unending burden. The police clear walls on Sunday, but the same night party supporters paste more posters on the same walls.

Since there needs to be a system for candidates to display their numbers to the public, we have allowed exhibit cutouts in their party offices. They can put up one party office per polling booth, so, for instance, in the Polonnaruwa district 287 cutouts can be displayed.

There have been a few incidents, but by and large we don’t expect this election to be marred by violence.

Propaganda material

Q: You have allocated millions of rupees for the removal of propaganda material. Isn’t this a waste of public funds? Is there a better way to deal with this, in your opinion?

A: We are spending Rs. 7.2 million, but this is not waste. We will be paying the labourers hired by the police to do this job. The benefit will go to the people ultimately. Democracy is not a cheap thing. Police have been allowed to hire four labourers per main police station and three per suburban police station for the removal of posters.

We have to provide at least two labourers to carry the ladder, one to climb and one to hold the ladder. Last time, a Police SI was permanently paralysed below the waist after suffering a fall from a ladder while on election duty. He was removing posters on his own. There was no one around to help him when he fell.

Q: Can’t we get the political parties to adhere to the laws instead of spending public funds to clear these propaganda posters?

A: That is a good thing. In India and Bangladesh, the police are paid by the elections department to remove illegal propaganda material, but they get the political parties to reimburse their expenses. In Sri Lanka, unfortunately, I don’t have the power to introduce such a law.

In India and Pakistan, the elections authority has the power to introduce such laws. Not just the present Elections Commissioner Mahinda Deshapriya, but the proposed Independent Elections Commission has not been vested with such powers.

Q: What is your plan of action to ensure a free and fair election on September 8?

A: Arrangements are in place to ensure polling areas remain peaceful especially on September 7, 8 and 9. The police have been deployed to control any unruly elements and arrest them and my staff has been trained to take every possible step to prevent impersonations or ballot stuffing.

We have received complaints from the estate sector in Ratnapura and Kegalle that there were organised movements to block workers from exercising their franchise rights. We plan to ask the estate superintendents to allocate a minimum of four hours for the workers to cast their votes and additional police units will be stationed to provide protection to voters.

Q: Do you think all political parties and candidates should declare their sources of funding for election campaign work, perhaps with a ceiling on contributions they may solicit or get?

A: To do this, we need to introduce laws. It has to be done by the Legislature. In all South Asian countries, the candidates have to declare their sources of funding. Earlier, even in Sri Lanka, we had this. After the introduction of the preferential voting system and the presidential system, it became null and void.

How can we give a ceiling to the presidential candidate who has to canvass from Point Pedro to Point Dondra, Sangaman Kanda to Colombo, Mullaitivu to Galle and Kirinda to Mannar. It is not an easy task to determine a ceiling for such a big campaign.

The Legislature and Executive must give some thought to this. The elections commissioner can only conduct the election according to existing laws.

Strict code of ethics

Q: There are so many communal issues being raised at election rallies this time unlike during previous elections. What can the Elections Commissioner do under the election law to prevent such speeches that could set communities against each other?

A: We have already issued a strict code of ethics. We are going to write to all the party secretaries highlighting the need to contain their candidates. Since Rauff Hakeem’s statement, and he has retracted what he said later, there has been no such incidents which is a positive development.

Not only between communities, but even within communities there are fights due to the preferential system. Candidates themselves fight. In Addalachchenai and Akkaraipattu in the Ampara district, we have a very serious situation. I have asked the IGP to send a permanent ASP and OIC to Akkaraipattu since there is only a covering ASP from Pottuvil at the moment. I think the IGP will be able to handle the situation.

Q: The Anuradhapura Magistrate has noticed 13 polls violators by last week. Do you think the law should be amended to give harsher punishment to such violators?

A: We have enough laws. My argument is, we don’t want to punish anyone, we need to prevent. That is what I think is right.

We had the most number of cases of violence reported from Anuradhapura district in contrast to the least number of cases from Polonnaruwa, the adjoining district.

It has been brought under control now. The second highest number of cases concerning the breach of election law was reported in the Ratnapura district.

Now Anuradhapura and Ratnapura districts have been brought under control. It was done by engaging the political party secretaries, the returning officers and the police in the areas.

Two additional commissioners and senior deputy and assistant commissioners were dispatched to these areas to tackle the situation. After the meeting, police have started to remove all illegal propaganda material including stickers on vehicles.

Under the present law, we could only get an enjoining order to stop a violation. No one can be put behind bars for such an offence. An election petition can be filed in the election court later seeking redress.

Q: Instead of ‘promises’, shouldn’t the candidates declare their future ‘policies’?

A: No comment. The Elections Commissioner cannot respond to that question.

No loitering

Q: What is your message to voters for elections day?

A: They should go to the polling station as early as possible and cast their votes and return home or go to work without loitering near polling stations.

Q: What about the counting process and measures in place to conduct a clean poll?

A: The counting procedure will be announced later. With regard to the safety of the ballot boxes, we have taken many measures.

There is no chance to stuff or switch ballot boxes. Once polling is concluded, the representatives of political parties (polling agents) are given a certified paper that notifies them of the number of votes cast into a particular ballot box. Then it is sealed in the presence of the representatives.

They mark their signatures on the special carbon paper. One document containing their signatures will be pasted on the box and the other will be stuffed inside. Then the box is put in a thick polythene bag and sealed with a self-locking safety tape that carries a secret code.

Each polling station has a secret symbol printed on the back of the ballot paper. These security measures will ensure that the results aren’t altered. This election campaign, compared to others, had been peaceful so far. The credit goes to the police, my staff, and returning officers in the polling districts. We have a permanent committee to monitor election violence.

The desk is manned by a senior elections official and a Superintendent of Police and his team of officers who are operating from the Elections Secretariat round-the-clock, receiving complaints and initiating action.

Q: Do you think an Independent Elections Commission would have been more effective in terms of ensuring the implementation of polls laws?

A: Of course yes, because three heads (the Elections Commission will have three commissioners) instead of one means more efficiency. However, the Independent Elections Commission and the Commissioner of Elections have almost identical powers.

I must add that the present and earlier commissioners were very much independent. None of the former commissioners did anything out of their mandate. No one, not even the President or his secretary has intervened in my affairs. I have been in this position for 15 months now. There is no difference between the Elections Commissioner and the Elections Commission. The only difference is that in place of one commissioner, there will be three. We must establish the Elections Commission with more powers.

Q: Is there preparatory work under way to hold the PC election in the North. President Rajapaksa has said it will be held next year?

A: I don’t have any information about it. As the Elections Commissioner, I am prepared to hold polls in the Northern PC even this year.

New electoral system

Q: When do you think the new electoral system will finally be implemented. Any possibility of electronic voting in the near future?

A: We are unable to say when the new electoral system will be implemented. An electronic voting system may not come into play in the near future. The country cannot bear the preferential system any longer. It is very costly. We need our intellectuals to study the electoral system and come up with a more suitable system for Sri Lanka. I don’t think even a combination of the first-past-the-post system and preferential system, that has been proposed now, will be an ideal solution around.

Q: What time can we expect the first results of the upcoming PC polls?

A: We can release the results of the postal voting before 10.00 p.m. on September 8. Before midnight we will start issuing results.

We believe we could issue all the counting centre results except those of Pottuvil and Batticaloa before 4.00 a.m. Pottuvil and Batticaloa are two large electorates.

One advantage is that all the roads have been developed now in the Eastern and Sabaragamuwa Provinces, therefore the transport time will be less, but the results there will be a bit delayed than others.

From Padaviya Parakramapura to Anuradhapura Kachcheri, there are 72 miles. Earlier, it took more than three hours, but now the distance can be covered in 90 minutes.

This time, we may not use helicopters to transport ballot boxes from Sripura to Trincomalee since the roads are now developed and are in much better shape than before 2009.

However, in Werugal and Pottuvil, there may be a need to get air-transport facilities.

We have planned to start issuing preferential votes before 12 noon the next day, but during the Colombo mini-election, the preferential votes results were issued much later and well into midnight the next day we were counting ballots in certain areas. However, learning from our past experiences, certain modifications have been made to expedite the counting process this time.