Friday, May 8, 2015

This island nation’s agenda is more important than individual political Parties’ agenda, nor can be any individual

The country is in a crucial juncture that demands a new electoral process. Though not entirely new because two different practiced systems three decades apart, for the first time would be made to yield a single new parliament for a vibrant effective representation. The failure to adopt such a new electoral process to the very next parliament, would plunge the country into more troubled deep water. Time and time again this has been emphasized by many learned society as well as by civic society.
A formula of predominantly of First Past the Post System, that decide the proportionate representation from the balance of the cast vote shall emerge, it is hoped. Whatever the final formula the crossing overs to either side would erode the people’s verdict and swallow all the good effects of the entire system.

Therefore the present political situation of the country obviously demands a constitutional guarantee that ensures the People’s Supremacy and upholding the universal franchise to which Sri Lanka is proud for since 1931. It is recommended that, clauses should be included in the electoral section of the constitution, banning all the crossovers to any elected governing bodies, beginning from the day of nomination until within the final 45 days of the stipulated term of the particular elected body.

A parliament formed by the mixed electoral system of FPPS and Proportional Representation System, a Member of Parliament crossing over to either ruling party or opposition party before the 45 days of term, will be ceased to function as an MP and lose all the privileges installed upon becoming Member of Parliament through the either system. If it is a member through FPPS there should be a By-Election in the particular Electorate to fill the vacancy and if it is a PPR member, next in line in the Nationalistic List for the particular electoral district submitted to election commissioner along with the nominations for FPPS in order to select the Nationalistic MPS.  E.g. Vanni Electoral District has  3 electorates and all political parties in the fray mandated to submit 4 names of proposed National List MPs, whom need not necessarily  to be from the same district and thus termed as Nationalistic List MP, not in the real meaning of "National List MPs of 1978 constitution", who would contribute more towards nationalistic duties.
An independent candidate, who is successfully returned to an elected governing body, though shall hold the discretion of supporting either the party that forms the government or the opposition party, any member elected through a registered political party, cannot do so, but only through the sanction of the executive committee of the particular political party through which he/she or collectively has been elected. Anyway any member returned through a political party may become an independent member by rendering his resignation any time, from the political party elected him/her shall not join any other political party until 90 days of acceptance of his resignation by that political party, but it is the same political party’s discretion whether to apply the law of 45 days of term stipulation against that particular member even in this case. Any elected member who has been dismissed and or through disciplinary action by a political party, will cease to function as a member of any elected governing body, and lose all the privileges born by that elected body and will be barred from joining any other political parties, as well as contesting any election, until the very next election of the same elected body is over.

Stern exemplary actions be taken against, all of those (any) elected members who instigate, and participate in any violence during election, and indulge and violating the election laws should be arrested and remanded until the particular election is over through the proposed Independent Judicatory Commission – Election Commission combination; the same should be applied against those any Government Servants who are partial, fails to implement the election laws, being part of propaganda, and shall be removed from their office, stripping off the title he/she holds, imprisonment, and can mount up to freezing their property – this follows a study revealing most of the Government Servants actively involve politics to protect the ruling party in order to protect the wealth they have illegally accumulated during the period concerned, and they may become a part of toppling a democratically elected government as well.
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