Sarath didn’t check this box himself
You don’t have to be registered to vote or vote in order to be elected President. You just have to be a citizen and nominated properly. It is, of course, a huge PR kerfuffle, but the big legal issue may actually be Rupavahini running false and malicious information that he was disqualified. He’s not, he just looks bad. If that case gets filed it may, oddly involve a precedent involving Basil Rajapakse. Fonseka is a mess of a candidate, but I think the push to suppress and intimidate voting is a bigger issue. Though far less interesting. But this is just to say that Fonseka can, legally, win. It is a strange universe where such a duct tape campaign could win, but Sri Lanka does have a peculiar gravitational field.
Ruling-party lawmakers had appeared on state television and urged voters not to cast their ballots for Fonseka, saying he would be disqualified if he was elected.
But the independent Elections Commissioner Dayananda Dissanayake said in a statement that Fonseka faced no legal obstacle to contest Tuesday’s vote nor would he be disqualified if he was duly elected.
“Not having one’s name on the electoral list is not a disqualification,” Dissanayake said.
Dissanayake had overruled objections to Fonseka’s candidature when he filed his nomination papers in December.
A pro-government politician had wanted him thrown out of the contest when he filed his nomination because he wrongly claimed Fonseka was a US citizen. (LBO)
Anyways, I still think MR is the default win, but I really really don’t know. We’ll see in the morning. What a show.
So SF didn’t lie, but the state television did.
Come on Indi, you know the quote: “One good act of vengeance deserves another.”
SF has been pretty deceptive, only coming out at the last minute. Characteristics shared by that other master of deception Ranil Wickremasinghe with whom he is in bed with at present.
The basis for the claim that Sarath Fonseka is not eligible to be President is based on article 92 read in conjunction with article 88 of the constitution.
Article 92 says that a candidate can run for the presidency as long as he is qualified as an “elector” as defined under article 88.
Article 89 (a) to (j) outlines the criteria for disqualification of being an elector – but prior to that, Article 88 states (see below) that an elector will not be eligible to vote unless he is on the voter registration list.
The argument against SF’s eligibility is that since SF is not on the voter registration list for the 2010 presidential election, and did not vote, he does not qualify as an elector.
However that is a flawed reading of the constitution – an “elector” could or could not be a registered voter in a particular election, but will still be an “elector” as long as he isn’t disqualified by article 89 (a) to (j). SF is not disqualified by any of the provisions of 89 (a) to (j). Accordingly, an elector may not be registered to vote in election 2010 but may still register to vote for election 2016 and in other elections as long as he qualifies as an “elector”.
The qualification to be elected a president is contingent on being eligible to be an “elector” and not on being a voter at a particular election.
Constitutional Provisions
Disqualification for election as President. 92. Every person who is qualified to be an elector shall be qualified to be elected to the office of President unless he is subject to any of the following disqualifications –
(a) if he has not attained the age of thirty years;
(b) if he is not qualified to be elected as a Member of Parliament under sub-paragraph (d), (e), (f) or (g) of paragraph (1) of Article 91 ;
(c) if he has been twice elected to the office of President by the People; and
(d) if he has been removed from the office of President under the provisions of sub-paragraph (e) of paragraph (2) of Article 38.
Right to be an elector. 88. Every person shall, unless disqualified as hereinafter provided, be qualified to be an elector at the election of the President and of the Members of Parliament or to vote at any Referendum :
Provided that no such person shall be entitled to vote unless his name is entered in the appropriate register of electors.
http://en.wikisource.org/wiki/Constitution_of_Sri_Lanka#Chapter_Fourteen:_The_Franchise_and_Elections
Thanks for the explanation.
This reminds me of taking a bath and look for the towel and goes “oh! I forget to bring a towel in.”
with all the crap, corruption and murder for the last 5 years, with MR breaking every law under the sun, you think people will give a rats ass about some minor clause when SF is the only person right now who could get this tyrant out of his seat
Please don’t kill anyone when you go out on the streets, you have that murderous tone in your writing.
SF is eligible as long as he is a citizen.
The issue is the credibility of the candidate.
Reasonable people will wonder if this is the “Change we can believe in”.
Indi Machan
For years the world said and still do say that Murali chuks the ball. Every SL shall of course say what nonsence.
The time has come for you as a young lad to now maintain the image of ‘nom de guerre’ you enjoy amngst some of us.
The stumps removed, the pitch covered, the last drunk spectator is home and has put the kettle on for a cup of tea.
You must admit that forgetting to register to vote as a main candidate is similar to being unable to organize a piss pot in a kettle.
Live to fight another day. Please don’t lose your dignity.
You know very well your on the line now… I credit you much more brains and common sense on this one.
I understand that your always value your dad’s opnion but sometimes you should take a step back and look at the big picture.
It is true that MR is bad but SF is worse accordng to the statements he made during last six months and the way he acted.
MR might be a feudalist but his his family tree does not belong to one class or one caste (Unlike Bandaranayake ,Senanayake-Jayawardena clan).I personally think Gota is well worth the position he is given, according to performace(It doesn’t make apponting other incompetant jack asses valid).
The bottom line is Mahinda will do anything to be liked by people and to seem like the ordinary man.
According to the way SF handled him self during last year ,I have serious doubts about the way he might take the country.People around him are terrible ,too.
sorry,
piss up in a piss pot
i think!
You fucking idiot.
You don’t think, period.
It’s ‘piss up in a brewery’ you want.
I expect the UK Border Agency kicked you out for having overstayed your visitor visa before you had a chance to pick this phrase up properly…
By the way, I just had a look at your blog…
Its shit.