Tilvin: Wrong excuse for PC election delay – it can’t be the money

Fact Check

On 24 May 2026, speaking at the opening of the NPP’s district office in Jaffna, General Secretary of the JVP Tilvin Silva made two linked claims: (a) money allocated in the previous budget for holding Provincial Council (PC) elections were reallocated to finance LKR 500 billion for Cyclone Ditwah recovery, and (b) therefore the election could not be held this year.

To check these claims, FactCheck.lk analysed the Constitution of Sri Lanka, Public Financial Management (PFM) Act No. 44 of 2024, Budget Estimates 2026, Supplementary Estimate 2026 and Supreme Court (SC) judgement SC.FR  69/2023.

Silva’s claim requires two propositions to be correct. First, that the funds allocated for provincial council elections were redirected towards Cyclone Ditwah recovery. Second, that this provides a valid basis for not holding the election this year.

On the first proposition, the available budget documents do not support Silva’s claim. The Budget Estimates 2026 allocated LKR five billion to the Election Commission for conducting elections. Separately, the Supplementary Estimate dated 19 December 2025 provided LKR 500 billion for Cyclone Ditwah recovery. However, the Supplementary Estimate identifies this LKR 500 billion as an “additional allocation.” This means that it was an allocation made in addition to the expenditure already approved through the 2026 Budget, and not a “reallocation” of the Election Commission’s election-related budget as stated by Mr. Silva.

On the second proposition, the legal position also does not support the claim that an election may be delayed merely on the basis of financial difficulty. The same argument was put forward by the executive branch of government in 2023 for delaying the local government elections and later adjudicated by the Supreme Court (SC) (See judgement SC.FR 69/2023). The Court held that ensuring the right to vote by the holding of elections is a fundamental right guaranteed under Article 14(1)(a); and that any action that restricted that fundamental right would be valid only if it was based on a constitutionally valid law adopted by parliament. The SC found that no existing law permitted the executive to postpone elections on the basis of financial difficulty. Neither did FactCheck.lk find any Act of Parliament, Emergency Regulation approved by Parliament, or other legally recognised instrument, since the decision of the court in 2023, that allows the postponement of PC elections on the basis of Cyclone Ditwah recovery expenditure.

Since this specific reasoning has been specifically adjudicated by the Supreme Court it is clear that even the executive cannot lawfully delay an election on the basis of lacking funds.

On that basis, Silva’s claim is incorrect on both grounds. First, the LKR 500 billion allocated for Cyclone Ditwah recovery was an additional allocation, not a diversion of the funds allocated to the Election Commission for the PC elections. Second, no legally recognised basis has been identified to conclude that the PC elections cannot be held this year due to financial constraints.

Therefore, we classify Silva’s statement as FALSE.

Additional Note: The law was recognised to be an Act of Parliament under legislative powers granted to the Parliament by Articles 75 and 76 of the Constitution, Emergency Regulations made by the President (which should be approved by the Parliament) or subordinate legislation made by a person or body empowered by a law made by the Parliament.