Sri Lanka's Presidential Elections 2015 and Constitution

Presidential elections were held in Sri Lanka on 8 January 2015.

               The former President Mahinda Rajapaksa was the United People's Freedom Alliance's (UPFA) candidate, seeking a third term in office. 

              According to The Constitution of Democratic Socialist Republic of Sri Lanka,

​Presidential elections were held in Sri Lanka on 8 January 2015.

               The former President Mahinda Rajapaksa was the United People's Freedom Alliance's (UPFA) candidate, seeking a third term in office. 

              According to The Constitution of Democratic Socialist Republic of Sri Lanka,
THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
                           
                              CHAPTER VII - THE EXECUTIVE
The President of the Republic
 
The President of the Republic.
30. (1) There shall be a President of the Republic of Sri Lanka, who is the Head of the State, the Head of the Executive and of the Government, and the Commander-in-Chief of the Armed Forces.
(2) The President of the Republic shall be elected by the people, and shall hold office for a term of six years.
 
The election and the term of office of President.
31. (1) Any citizen who is qualified to be elected to the office of President may be nominated as a candidate for such office -
(a) by a recognized 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.
(2) No person who has been twice elected to the office of President by the People shall be qualified thereafter to be elected to such office by the People.
(3) The poll for the election of the President shall be taken not less than one month and not more than two months before the expiration of the term of office of the President in office.
(3a) (i) Notwithstanding anything to the contrary in the preceding provisions of this Chapter, the President may, at any time after the expiration of four years from the commencement of his first term of office, by Proclamation, declare his intention of appealing to the People for a mandate to hold office, by election, for a further term.
(ii) Upon the making of a Proclamation under sub-paragraph (i) the Commissioner of Elections shall be required to take a poll for the election of the President.
(b) If, at any time after the date of Proclamation referred to in paragraph (a) and before the close of the poll at the election held in pursuance of such Proclamation, the President in office dies, such Proclamation shall be deemed to have been revoked with effect from the date of such death and the election to be held in pursuance of such Proclamation shall be deemed to be cancelled. The vacancy in the office of President caused by such death shall be filled in accordance with the provisions of Article 40.
(c) (i) If, at any time between the close of the poll at an election held under this paragraph and the declaration of the result of such election, a candidate at such election dies, the Commissioner of Elections shall proceed with the count and declare the result of such election, notwithstanding the death of such candidate. 
(ii) If the person entitled to be declared elected as President is dead at the time of the declaration of the result of such election, the Commissioner of Elections shall not declare the result of such election but shall take a fresh poll for the election of the President. 
(iii) If by reason of the death referred to in sub-paragraph (i) there is a vacancy in the office of President, the Prime Minister shall act in the office of President during the period between the occurrence of such vacancy and the assumption of office by the new President and shall appoint one of the other Ministers of the Cabinet to act in the office of Prime Minister : 
Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the Speaker shall act in the office of President. 
(d) The person declared elected as President at an election held under this paragraph shall, if such person –
(i)         is the President in office, hold office for a term of six years commencing on such date in the year in which that election is held (being a date after such election) or in the succeeding year, as corresponds to the date on which his first term of office commenced, whichever date is earlier ; or 
(ii)        is not the President in office, hold office for a term of six years commencing on the date on which the result of such election is declared. 
(e) A person succeeding to the office of President under the provisions of Article 40 shall not be entitled to exercise the right conferred on a President by sub-paragraph (a) of this paragraph. 
(f) For the purposes of this paragraph, the first term of office of the first President referred to in Article 160 shall be deemed to have commenced on February 4, 1978. 
[(4) (Where a poll for the election of a President is taken, the term of office of the person elected as President at such election shall commence on the expiration of the term of office of the President in office :
Provided that notwithstanding anything to the contrary in Article 40 –
(a)  if any person declared elected as President at a poll for the election of a President dies at any time after his being declared elected as President, and before the date on which his term of office would, but for his death, have commenced, the Commissioner of Elections, shall take a fresh poll for the election of a President. If the date fixed for such fresh poll is a date later than such first-mentioned date, the term of office of the person declared elected at such poll shall, notwithstanding the preceding provisions of this Article, be deemed to have commenced on such first-mentioned date. For the purposes only of Article 38 (1) (d), the date of commencement of the term of office of the new President shall be the date of his election ; 
(b)  where the President in office is not a candidate or is not re-elected, at a poll for the election of a President, his term of office shall be deemed to have expired on the date on which the result of such election is declared. The person elected as President at such election shall assume office forthwith, but not later than two weeks from such date :
Provided that the President in office, notwithstanding anything to the contrary in Article 30, shall continue to exercise, perform and discharge the powers, duties and functions of the office of President until the assumption of office by the person declared elected as President. If the office of President becomes vacant, by reason of the person declared elected as President failing to assume office, the President in office shall continue to exercise, perform and discharge the powers, duties and functions of the office of President, until the Prime Minister or if the office of Prime Minister be then vacant or if the Prime Minister be unable to act, the Speaker commences to act in the office of President in terms of Article 40 ; 
(c)  if by reason of the death referred to in sub-paragraph (a) there is a vacancy in the office of President, the Prime Minister shall act in the office of President during the period between the occurrence of such vacancy and the assumption of office by the new President and shall appoint one of the other Ministers of the Cabinet to act as Prime Minister: 
Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the Speaker shall act in the office of President. ] 
(5) The election of the President shall be conducted by the Commissioner of Elections who shall fix the date for the nomination of candidates for such election and the date on which the poll shall be taken.
(6) Parliament shall by law make provision for -
(a)  the nomination of candidates for the election of President ;
(b)  the register of electors to be used at and the procedure for the election of the President ;
(c)  the creation of offences relating to such election and the punishment therefore ;
(d)  the grounds and manner of avoiding such election and of determining any disputed election ; and
(e)  all other matters necessary or incidental thereto.
 

Assumption of office.
32. (1) The person elected or succeeding to the office of President shall assume office upon taking and subscribing the oath or making and subscribing the affirmation, set out in the Fourth Schedule, in Sri Lanka before the Chief Justice or any other Judge of the Supreme Court.
(2) Upon such assumption of office the President shall cease to hold any other office created or recognized by the Constitution and if he is a Member of Parliament, shall vacate his seat in Parliament. The President shall not hold any other office or place of profit whatsoever.
(3) The President shall, by virtue of his office, have the right at any time to attend, address and send messages to Parliament. In the exercise of such right the President shall be entitled to all the privileges, immunities and powers, other than the right to vote, of a Member of Parliament and shall not be liable for any breach of the privileges of Parliament, or of its Members

The general term of office for a president is six years, although an incumbent serving a second term can only call an election at any time after four years in office. 
               In September 2010 Parliament, which was controlled by Mr. Rajapaksa's government, passed the eighteenth amendment to the constitution, removing the two term limit on presidents, allowing Mr. Rajapaksa to run for a third term.  In early November 2014 Mr. Rajapaksa sought the Supreme Court's opinion on whether he could stand for re-election. The court ruled that Mr. Rajapaksa could stand for re-election.

               On 20 November 2014 Mr. Rajapaksa issued a proclamation calling for a presidential election at which he would seek re-election. The following day election commissioner Mr. Mahinda Deshapriya announced that nominations would be taken on 8 December 2014 and that the election would be held on 8 January 2015.
              Mr. Mahinda Rajapaksa contested  as the UPFA candidate, seeking an unprecedented  third  term. He has also received the backing of a number of small constituent and political parties of the UPFA including the Ceylon Workers' Congress, Communist Party, Lanka Sama Samaja Party (LSSP),  National Freedom Front, National Union of Workers  and the Up-Country People's Front and also received the support of the Buddhist extremist Bodu Bala Sena.
              The United National Party (UNP) chosed  Mr. Maithripala Sirisena, the former Minister of Health in Rajapaksa's government and general secretary of the Sri Lanka Freedom Party (SLFP)  as its common candidate.
               Mr.  Sirisena has pledged to abolish the executive presidency within 100 days of being elected, repeal the controversial eighteenth amendment, re-instate the seventeenth amendment. He appoint UNP leader Ranil Wickremasinghe as Prime Minister. On 1 December 2014 Sirisena signed a memorandum of understanding (MOU) with 36 opposition parties/civic groups promising to abolish the executive presidency, hold parliamentary elections, form an all-party national government and carry out various political reforms. Signatories to the MOU include the UNP, Sarath Fonseka's Democratic Party, Democratic People's Front, Azath Salley's Muslim Tamil National Alliance, Free Media Movement, Federation of University Teachers Association as well as dissident groups of the LSSP  Communist Party and Tamil National Alliance.
              Candidate Maithripala Sirisena’s home town is  Polonnaruwa is situated in North Central Province.

               15,044,490 Sri Lankans were eligible to vote at the election and Postal voting was held on 23 and 24 December 2014. Foreign monitors were invited to observe the election.
               The Sri Lankan president is elected using a form of instant-runoff voting. Voters can rank up to three candidates, and if no candidate wins a majority in the first round of voting, second and third preferences from ballots whose first preference candidate has been eliminated are used to determine the winner.
                Mr. Sirisena was declared the winner after receiving 51.28% of all votes cast compared to Mr. Rajapaksa's 47.58%. Mr. Sirsena was declared the winner after receiving 51.28% of all votes cast compared to Rajapaksa's 47.58%. Mr. Sirsena was the winner in 12 electoral districts whilst Mr. Rajapaksa was victorious in the remaining 10. 
               Mr. Rajapaksa had earlier conceded defeat after meeting Wickremesinghe and assuring him of a smooth transition of power and then he  left his official residence Temple Trees. He also vacated President's House. 
               Mr. Sirsena was sworn in as Sri Lanka's sixth executive president before Senior Supreme Court judge K. Sripavan in Independence Square, Colombo at 6.20pm on 9 January 2015. After the new government established on 11 January 2015 

               After voting had finished election commissioner Mahinda Deshapriya declared the poll to be "peaceful" and the election to be "free and fair".
      

                               Election Commissioner Mahinda Deshapriya