Yet another election has been postponed under Emergency Regulations and the government as expected has justified its decision while the opposition parties have launched protest campaigns calling on the government to hold the Provincial Council Elections without further delay.

The now familiar reasoning is " if they could do it why can't we".But the question that needs answering is whether this practice of postponing elections for purposes of political expediency should be stopped even at this late stage.

Justice and Constitutional Affairs Minister G.L.Peiris, considered an authority on constitutional matters, when asked if the government was legally justified in postponing the Provincial Council Elections said the postponement of elections under emergency regulations is not a new development . The UNP had done it before, he pointed out.

In stark contrast is the reasoning of firebrand Peoples Alliance parliamentarian and lawyer Vasudeva Nanayakkara who points out that, "the postponement of the PC elections cannot be sustained either morally or legally because it violates the sovereignty of the people". "It will open the flood gates for an authoritarianism to develop to dangerous proportions of a dictatorship. In fact it is not a postponement but an abolition of the Provincial Council Elections in so far as the effects are concerned because we do not know what will be said when elections are due again".

Describing the governments reasoning for the postponement of the elections as "bogus" he said it is untennable and has no foundation.

"I don't believe this government. By government I mean the President and all those involved in the decision to postpone the polls. We the LSSP will publicly protest against the governments decision".

Minister G.L.Peiris however believes that the country understands the need for what he calls the temporary postponement of the PC elections for very special reasons.

"This is one of those situations in life where a choice has to be made. Holding of PC polls in five provinces at this juncture would not only cause irreparable damage to the war effort but also put the lives of leading politicians from all sides at considerable risk.The government had to take these competing considerations into account and postpone the PC elections for a short period on security grounds".

Peiris contends that no useful purpose would be served by trying to stagger the polls because the election campaigns would have overlapped in the different provinces making it difficult to provide security to more than 2500 candidates.

The government he claims has postponed the elections by a method which entails parliamentary scrutiny every 30 days thereby giving the peoples representatives the opportunity of evaluating the security situation on a continuing basis.

The UNP which is also guilty of postponing elections has this time come out protesting loudly against the denial of the peoples right to vote.In adddition to legal action, they are to hold 60 protest meetings in various parts of the country over a three day period commencing on August 28, the day on which the PC elections was to be held.

Despite their ideological differences the MEP and JVP have closed ranks with the UNP on this issue though they have organised their own protest campaigns demanding that free and fair elections be held without any further delay.

Mr.Tyronne Fernando MP, Information Minister in the last UNP government and a lawyer by profession contends that the postponement of the PC elections under Emergency Regulations, violates section 155 (2) of the Constitution which states that Emergency Regualtions cannot overide any provision of the Constitution.

"A basic provision of the constitution under the 13 th amendment is the Provincial Council system. The proclamation by the President postponing elections is like a coup d'etat".

However government lawyers expressing confidence that recourse to legal action against the postponement of the PC elections will not succeed have cited section 154 J (2) of the constitution in support of their contention.

In terms of this section a proclamation under the Public Security Ordinance or the law for the time being relating to public security shall be conclusive for all purposes and not be questioned in any court of law or tribunal.

The MEP leader Dinesh Gunawardena does not believe in making legal action a priority reaction to the postponement of the polls.He thinks galvanising public opinion against the governments undemocratic action is the most effective method in helping the people defend their rights.

"Fear of loosing the PC polls not having fulfilled its election promises is one of the main reasons for the government having postponed elections," says the MEP leader.

Another factor that needs to be taken into consideration is the presssures exerted by the Tamil parties to put off the PC polls and give them the "political package " that the government has promised, Gunawardena contends.

As if to confirm Gunawardena's contention the Vice President of the TULF V. Anandasangari expressed disinterest in the PC polls saying that they would have preferred elections being held under a new constitution.

"The postponement of the PC elections does not make any difference to us.We were hoping that a new constitution would replace the Provincial Councils with Councils equipped with wider powers".

Reacting to government claims that nearly 30,000 security personnel need to be pulled out from the war areas if the PC polls were to be held this month, Gunawardena said this situation will not arise if the PA and the UNP act democratically.

The ULF's Ravi Karunanayaka contends that the postponement of the PC elections apart from being a cowardly act casts doubts on the governments stated commitment to devolution.

"The government says that elections will be held once the war is over. But does not specify which election will be held.Is it the provincial , parliamentary or presidential election that is going to be held".

The failure of the government to fulfill its election promises such as the abolition of the Executive Presidency , lack of democracy and the inability to control the rising cost of living does not give the government the confidence to face an election.The war excuse is mere eye wash, he added.