The government presented this Bill in Parliament earlier to introduce a new electoral process with 70 per cent elected on the First-Past-the-Post system and 30 per cent on the PR system. The Bill also envisaged an increase on the cutoff point from five per cent to 12.5 percent. This bill was gazetted in November and presented in the Order Paper.

However, the SLMC and the UNP challenged this bill in the Supreme Court in late last year  and the SC in December 2008, ruled that the Bill should be first approved by all the provincial councils before taking it up in parliament. If not the bill has to be approved by 2/3 majority in Parliament in terms of the Constitution which is not feasible in the current Parliament since the UNP is also not in favor this Bill.

The proposed amendments seeks to raise the cut-off point for minority parties to obtain seats at elections from the present five percent to 12.5 percent. Smaller parties are also opposing the move to raise the cut-off   point to 12.5 percent.

The proposed amendments also seek to introduce a system that 70 percent of local council members should be elected on the previous first-past-the-post system and 30 percent on the Proportionate Representation system.

The Local Authority (Special Provisions Bill) included the 12.5% cut off marks done away by late President Ranasinghe Premadasa in 1999 at the request of late SLMC and NUA Leader and Minister M. H. M. Ashraff, P.C.

The reintroduction of the 12.5% cut off points could be detrimental not only to minority communities and parties but also to the two main parties as the SLFP or the UNP, when elections are held in certain minority strongholds in the Eastern Province, it is argued.

The move to change to the Westminster System Ward System was welcome by the majority but the move to elect 70% of members under the ward system and the balance 30% through the PR System has been labeled in sufficient. The demand is for an equal 50/50.

In the Interim Report of the Select Committee of Parliament, it was stated that the Ward System should be reintroduced for local government elections subject to re-demarcation of electoral boundaries by fresh delimitation.

The need for fresh delimitation of electoral boundaries was viewed as a vital factor by the majority who made representations before the Committee with the Attorney General indicating in his submissions that the Delimitation Commission should ideally be a commission standing perpetual.

The Committee recommended that necessary steps be initiated as early as possible for the constitution of a delimitation commission to implement the proposed system of elections and that Article 95 to 99 of the Constitution be amended suitably to reconstitute a Delimitation Commission.

The minority parties were of the view that handing over the power of the redemarcation of boundaries to a a Minister will also be detrimental in the event the Minister is a member of the majority community.

The UPFA-controlled EPC debated the matter on 17th Friday, and  the Chief Minister told the Council that he could not support the Bill since it would undermine the rights of the minorities. Along with him, two Ministers and the entire opposition of 17 members also opposed the Bill tilting the balance of the Council against the ruling party.

Opposition Leader Basheer Segu Dawood in his speech said the Bill had been introduced by the government to “steal” through the backdoor the powers given to the PCs under the 13th Amendment. Chairman of the EPC was instrumental in postponing the session to Monday 20th. If he had not postponed, the bill would have been defeated in the EPC since the many ruling party MPCs also were against the bill.

Other UPFA Ministers in the council   who opposed the Bill are M. Uthumalebbe and N. Pushparajah. Only the SLFP members in the ruling coalition pledged to support the Bill. 

Under these circumstances, the session was adjourned till April 20. In the meantime, the President directed Eastern Governor Mohan Wijewickrama to extend the stipulated time for the councillors to submit their views on the Bill and to reschedule the council session for May 12. 

The UPFA-controlled Batticaloa Municipal Council has also passed a resolution opposing this Billb and Mayor of the TMVP Ms. S. Pirabaharan has communicated the decision to the Chief Minister. 

The Local Authorities (Special Provision) Amendment Bill, which would enable elections to 33 local bodies in the Northern Province to be conducted. 

Elections to these local bodies, including the Jaffna Municipal Council, have not been conducted for some time. The government is expected to pass this Bill and go for elections in the local body very soon.

The bill envisages the election of seventy percent of the members of local authorities according to the ward system and thirty percent according to the proportional representation system. The Bill was challenged before the Supreme Court on the basis that the powers over the Local Authorities are vested with PCs in terms of the 13th amendment to the Constitution.