Is It Illegal for Anura Kumara Dissanayake to Lead Both JVP and NPP?

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With the presidential election fast approaching, a surge of misleading posts is spreading across social media platforms. These false claims and deceptive content are creating confusion and misinformation among the public, highlighting the critical need for accurate fact-checking and reliable information as voters prepare to make informed decisions.

Social Media Posts

Social media posts claim that Anura Kumara Dissanayake is illegally holding the leadership of two political parties, JVP (Janatha Vimukthi Peramuna) and NPP (National People Power). These posts argue that one person cannot lead two parties simultaneously and cite Article 103(2) of the Sri Lankan Constitution, which mandates the Election Commission to conduct free and fair elections. They allege that the Election Commission violated this obligation by allowing Dissanayake to register and lead both parties.

We decided to do a fact check on this.

Investigation:

Article 103(2) of the Constitution:

This article specifies that the Election Commission's objective is to conduct free and fair elections and referendums. However, it does not mention anything about the leadership of political parties or restrictions on one person leading multiple parties.

Parliamentary Election Act of 1981:

The relevant legislation for political party registration is the Parliamentary Election Act of 1981. Upon reviewing this act, no clause was found that restricts an individual from registering or leading more than one political party simultaneously.The act can be read here

Party Registration Information:

According to the Election Commission’s website, both JVP and NPP are registered as separate political parties, and Anura Kumara Dissanayake is listed as the leader of both. The NPP-related document can be reached here, and JVP document is here

Legal Challenge:

Earlier this year, Nagananda Kodituwakku filed a legal challenge against JVP on this issue. The Attorney General responded by stating that the case lacks any factual or valid basis. The court postponed the case to October.Details can be read here

Nagananda's Letter to the Election Commission:

In a letter to the Election Commission, Nagananda referenced Clause 8(3) of the Parliamentary Election Act, arguing that JVP did not inform the Election Commission about establishing new political parties by their executive committee members. However, Clause 8(3) only mandates that changes in the executive committee must be reported to the Election Commission, without mentioning other political activities of members.

Parliament Election Act

Expert Opinions:

Sunil Watagala, head of JVP’s legal section, stated that these allegations are baseless. He explained that JVP’s secretary typically submits a letter to the Election Commission before elections, stating that JVP is not contesting the election directly but through the broader alliance NPP. For the upcoming presidential election, the JVP secretary has already submitted this letter for upcoming presidential election.

Senior lawyer Kalinga Indratissa confirmed that there are no legal barriers for NPP or JVP in this matter, and Anura Kumara Dissanayake is legally eligible to contest in the presidential election.

Piyumi Artigala, a Deputy Election Commissioner, also confirmed that JVP and NPP are registered as separate entities, with NPP considered a broader alliance in the Election Commission’s documents.

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Conclusion:

The claim that it is illegal for Anura Kumara Dissanayake to lead both JVP and NPP is false. There is no constitutional or legal provision that restricts an individual from holding leadership positions in two political parties simultaneously. The Election Commission’s actions are in accordance with the law, and the ongoing court case lacks a valid legal basis according to the Attorney General.