Premalal Jayasekara not eligible for MP seat; next candidate selected via lottery

Premalal Jayasekara, who has been sentenced to death, is not qualified to serve as a Member of Parliament, according to the Attorney General.

The AG has informed the Ministry of Justice and the Secretary General of Parliament upon an inquiry made by the Commissioner General of Prisons.

Accordingly, if Jayasekara loses his parliamentary seat, the next member will be selected by lottery, which will be the first time in the history of the country’s general elections.

Last July 31, Premalal Jayasekara alias ‘Choka Malli’ was sentenced to death by the Ratnapura High Court over a murder committed in 2015.

However, Jayasekara won the 2020 General Election and managed to secure the second position in the Ratnapura District Preferential List after contesting through Sri Lanka Podujana Peramuna (SLPP).

Thereby, the Speaker of the Parliament instructed the Commissioner General of Prisons to bring Jayasekara, who is currently imprisoned, to Parliament on the 8th of September.

As prison rules and regulations have not made provisions regarding an inmate on the death row acting as a public representative, the Commissioner General of Prisons had inquired on the matter from the Ministry of Justice, which in turn made an inquiry from the AG.

Subsequently, the Attorney General informed that Premalal Jayasekara was not eligible to act as a Member of Parliament under Articles 89 (d) and 91 (1) (a) of the Constitution.

Accordingly, if Jayasekara loses his parliamentary seat, the next candidate who received the highest number of preferential votes in the district will be eligible for the seat.

However, as per the results of the 2020 General Election, the next two SLPP candidates after Jayasekara have received the same number of preferential votes.

The two eligible candidates are Sonny Rohana Kodituwakku, and Ranjith Bandara, a relative of Premalal Jayasekara.

When Ada Derana made an inquiry, the Election Commission stated that in such a case, the most suitable candidate for the seat would be selected by lottery.

Accordingly, this is a significant event in the history of the country’s general elections and this will be the first time that such a draw will be held, the Elections Commission said.