President Mahinda’s Second Term Of Office Ends Only On 18 November 2016 - Hilarious Article

Comical & Hilarious Article for someone to read
By K.T.Rajasingham - Asian Tribune

Whether President Mahinda Rajapaksa wins or losses his election on 8th January 2015 for his third term in office, his second term of office would continue till 18 November 2016. Whether President Mahinda Rajapaksa wins or losses, his second term of office would continue till 18 November 2016.

This matter was even reminded recently at an election rally held at Emplipitya by Mahinda Rajapaksa that, “People are forgetting one thing that it is I who will be the President of this country even after January 8, 2015.

It has to be told though President Mahinda Rajapaksa called for an early election after the completion of 4 year term of his second term as President, but he has not resigned his position as President to contest the election for third term of office for another six-year term.

Earlier, the President took oath of office for his first term on November 19, 2005. He went for an early poll at the end of four year. The poll was on January 26, 2010.

The President had gone for a poll after four years to ask for a further six years, after the expiring of the first six years on November 19, 2011. The Third Amendment gave the President the choice to ask for a re-election after four years. But that did not curtail the earlier term of six-year period.

The Constitutional provisions concerning the question of when a re-elected President’s second term begins are quite clear.

Rajapaksa's reference

President Mahinda Rajapaksa in his reference sent to the Supreme Court had said: “Whereas I was elected to the office of President of the Democratic Socialist Republic of Sri Lanka on 18th November 2005 and duly assumed office as President on 19th November 2005 being my first term of office;

“Whereas I after expiration of 4 years from the commencement of my first term by Proclamation issued in terms of Article 31 (3A)(a)(i) of the Constitution of the Democratic Socialist Republic of Sri Lanka, declared my intention of appealing to the people for a mandate to hold office, by election for a further term.

“And whereas, in pursuance to such Proclamation, the Presidential Election was held on 26th January 2010; And whereas the Commissioner of Elections declared that I was duly elected to the office of the President on 27th January 2010; And whereas I am required by Article 32 of the Constitution of the Republic to assume office as President upon taking and subscribing the affirmation set out in the Fourth Schedule before the Chief Justice or any other judge of the Supreme Court;

 “And whereas Article 38 of the Constitution of the Republic states that if I as the elected President willfully fail to assume office within two weeks from the date of commencement of my term as President I suffer the peril of my office as President becoming vacant; And whereas having regard to the aforementioned I am of the opinion that an urgent matter of public importance has arisen in relation to the date on which I should take the oath of office to commence my second term as the President of the Republic;

“And whereas, in pursuance of the authority vested in me by Article 129(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka, I make the following reference seeking an opinion, determination and Report by the Supreme Court to be submitted to me on or before 2nd February 2010;

“The opinion of the Supreme Court is sought on the question as to when my second term of office as the President of the Democratic Socialist Republic of Sri Lanka commences and ends having regard to the provisions of Article 31(3A)(d)(i) of the Constitution of the Republic”.

Subsequently, a seven-judge Bench of the Supreme Court took up the reference made by President-elect Rajapaksa, seeking the opinion on the question as to when his second term of office as President would start and end.

The Bench comprised Chief Justice Asoka de Silva, Justices Shirani A. Bandaranayake, Jagath Balapatabendi, K. Sripavan, P.A. Ratnayake, Chandra Ekanayake and S.I. Imam.

Attorney General Mohan Peiris with Deputy Solicitor General Jayantha Jayasuriya and Senior State Counsel Nerin Pulle and A.H.M.D.Nawaz maintained that the date the President has to assume office as November 19, 2010.

The relevant provision is Article 31 (3A)(d)(i), which provides that if the President is re-elected, he will 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’.

The Sri Lanka Supreme Court on 1st February 2010 made a determination on the opinion sought by the re-elected President Mahinda Rajapaksa that his second term in office would commence on November 19, 2010. He is to take fresh of oath of office and secrecy within two weeks from the date his second term begins.

Accordingly, whether President Mahinda Rajapaksa wins or losses on the election held for his third term of office on 08 January 2015, his second term of office would continue till 18 November 2016.