Commissioner General of Elections Saman Sri Ratnayake told FactSeeker that any votes cast for late presidential candidate Mohammed Ilyas would be considered invalid.
With the vacancy created by the demise of Ilyas on 22 August, FactSeeker observed questions emerging from the public regarding the process for filling his vacancy.
FactSeeker investigated these queries to provide clarity.
It was revealed that the Election Commission had informed the representatives of Ilyas that a replacement candidate should be nominated by 5 September.
Mohammed Ilyas, an independent candidate, was originally nominated by a voter. (A candidate attached with a party would be nominated by the party secretary).
The requirement for an individual to stand as an independent presidential candidate is stipulated in Article 31(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka which is stated as follows:
“31. (1) A citizen who is qualified to be elected to the office of President may be nominated as a candidate for such office —
(a) by a recognised political party; or
(b) if he is or has been an elected member of the legislature, by any other political party or by an elector whose name has been entered in any register of electors.
may be nominated for the office of President.”
Thus, making it mandatory to appoint a former or current Member of Parliament (MP) to fill in the vacancy.
Wife of the late candidate Mohammed Ilyas Jamina told FactSeeker that she had proposed her own candidacy for the vacant position. However, her request was rejected by the Election Commission as she does not meet the requirement of being a former or current MP.
As it was not feasible to find a suitable replacement who met these criteria, the position remains unfilled.
Ratnayake emphasised that while a recognised political party can nominate a replacement, only a former or current MP can replace an independent candidate.
With the ballot papers already printed, the name of Mohammed Ilyas will remain on them. “Any votes cast for him would be considered invalid” Mr. Ratnayake said.
Mohammed Ilyas, who served as an MP for the Jaffna district in 1990, contested the presidential elections as an independent candidate in 2010, 2015, and 2019. This year’s election was set to mark his fourth attempt.
Accordingly, the ballot papers for the 2024 presidential election will display the names and symbols of 39 candidates. The fourth name on the list is that of Ilyas, along with the symbol of a Syringe.
