Despite the provisions of the 18th Amendment President Mahinda Rajapaksa cannot contest for a third term in Executive Presidency, former Chief Justice, Sarath N Silva said.
The former Chief Justice said, since the President had already been elected for his second term before the 18th Amendment, he cannot be reelected.
“Here, the matter is that of ineligibility” Silva has stated. “President Rajapaksa was selected to the second term on January 27, 2010. On that particular day, he became ineligible for a third term”, Sarath N Silva said in an interview with BBC Sandeshaya.
The 18th Amendment was passed in September 2010. The Former Chief Justice has pointed out that one principle notion is that the law is not retroactive. It can only be applied to the future, not the past. “Therefore, by the time the 18th Amendment passed, President Rajapaksa was already ineligible for a third term”, he further stated.
“The 18th Amendment does not state that one can contest for presidency three times”, he states.
“That is where they missed. If there was a provision which allowed anyone to contest a third or fourth time, my argument would not have been valid. However, there is no such provision provided. I do not know if they deliberately failed to include it or simply forgot”, the former Chief Justice said.
The Elections Commissioner can call for an election three months prior to the day President Rajapaksa’s second term ends on November 19, 2016. Sarath N Silva states that he will go to the courts against the President if a presidential election is called for before that time frame.
