CEYLON (PARLIAMENTARY ELECTIONS) ORDER IN COUNCIL

(1) This Order may be cited as the Ceylon (Parliamentary Elections) Order in Council, 1946, and shall apply to the election of Members to serve in the House of Representatives to be constituted by the Ceylon (Constitution) Order in Council, 1946.

(2) Nothing in this Order shall extend to the Maldive Islands.

(1) In this Order, unless the context otherwise requires-

” candidate ” means a person who is nominated as a candidate at an election or is declared by himself to be or acts as a candidate for election to any seat in the House of Representatives ;

” Commissioner” means the Commissioner of Parliamentary Elections appointed under section 88 of this Order ;

[” disqualification mark ” means the disqualification mark referred to in paragraph (a) of subsection (4) of section 23a ;]

” election” means an election for the purpose of electing a Member of the House of Representatives ;

” elector” means a person who, pursuant to this Order, is entitled to be registered as an elector to vote at an election ;

” electoral district” means an electoral district specified in the Proclamation for the time being in force under section 43 of the Ceylon (Constitution) Order in Council, 1946, [and includes the Indian and Pakistani electoral district;]

” general election ” means the first general election of Members of the House of Representatives or a general election of Members after a dissolution of Parliament;

“House of Representatives” means the House of Representatives constituted by the Ceylon (Constitution) Order in Council, 1946 ;

* 26th September, 1946.-Gazette No. 9,604 of 26th September, 1946.

Note.-Sections and parts of sections enclosed in square brackets shall cease to be in force on a date in 1956 to be appointed by the Governor-General by Order published in the Gazette.-See section 2 of the Indian and Pakistani (Parliamentary Representation) Act.

[” Indian and Pakistani electoral district” means the Indian and Pakistani electoral district constituted under the Ceylon (Constitution) Order in Council, 1946 ;]

” Island” means the Island of Ceylon and the dependencies thereof ;

” Member ” or ” Member of Parliament” means a Member of the House of Representatives;

” Parliament” means the Parliament of the Island ;

” Proclamation” means a Proclamation by the Governor-General published in the Gazette ;

” register” or ” register of electors” means the register of electors for any particular electoral district ;

“Secretary of State” means one of Her Majesty’s Principal Secretaries of State ;

” Senator ” means a member of the Senate;

” State Council” means the State Council constituted by the Ceylon (State Council) Order in Council, 1931 ;

” voter ” means a person who, whether his name does or does not appear in a register of electors, applies to vote, or votes, at an election.

(2) Any reference in this Order to an Order in Council shall be construed as a reference to that Order as amended or modified by any subsequent Order.

(3) In the interpretation of this Order, the provisions of the Interpretation Ordinance, other than the definition of “the Government “, shall, subject to the express provisions of this Order, and notwithstanding any provision to the contrary in that Ordinance, apply as it applies for the interpretation of an Ordinance of the State Council.

Note.-Sections and parts of sections in square brackets shall cease to be in force on a date in 1966 to be appointed by the Governor-General by Order published in the Gazette.-See section 2 of the Indian and Pakistani (Parliamentary Representation) Act.

(1) No person shall be qualified to have his name entered or retained in any register of electors in any year if such person –

(2) For the purposes of this section, continuity of residence in an electoral district shall not be deemed to be interrupted by reason only of absence in the performance of any duty accruing from or incidental to any office, service or employment held or undertaken by any person otherwise qualified to have his name entered in any register.

(a) is, at that time, disqualified by section 5 of the Public Bodies (Prevention of Corruption) Ordinance from voting at an election of members of any public body as defined in that Ordinance, by reason of a conviction, or of a finding of a commission of inquiry, referred to in that section ; or

(b) has during a period of five years immediately preceding that time been convicted of an offence under the provisions of any of the following sections of the Local Authorities Elections Ordinance, namely, sections 77 to 82 (both inclusive).

(1) such person is registered as a citizen of Ceylon under the Indian and Pakistani Residents (Citizenship) Act; and

(2) the name of such person is entered in any other register of electors for the time being in operation under this Order ; and

(3) the name of such person is marked in such other register of electors with the disqualification mark.]

(1) No person shall be entitled to have his name entered in more than one register + , notwithstanding that he may be qualified to have his name entered in two or more registers.

(2) If any person at a general election votes in more than one electoral district, or asks for a ballot paper for the purpose of so voting, he shall be guilty of an illegal practice.

(1) As soon as may be after the publication of the first Proclamation under section 43 of the Ceylon (Constitution) Order in Council, 1946, and thereafter, whenever any electoral district of the Island is altered or a new district is created, the Minister shall appoint, by name or by office, registering and revising officers for each electoral district and may from time to time appoint by name or by office, one or more persons to assist any registering officer or revising officer in the performance of his duties. A person so appointed to assist any such officer as aforesaid shall have all the powers and may perform all the duties of the officer whom he is appointed to assist, and any reference in this Order to a registering officer or revising officer shall, unless the context otherwise requires, be deemed to include a reference to an assistant registering officer or an assistant revising officer, as the case may be.

(2) An appointment made by the Minister under this section may be revoked by him at any time.

(1) As soon as may be after the publication of the first Proclamation under section 43 of the Ceylon (Constitution) Order in Council, 1946, and thereafter whenever any electoral district of the Island is altered or a new district is created, the registering officer of each electoral district specified in the Proclamation aforesaid or of the altered or new district, as the case may be, shall-

(2) Unless the Commissioner otherwise directs, the division of an electoral district into polling districts shall be so made that each polling district, at the time of such division, contains not more than one thousand five hundred electors.

(3) Subject to the provisions of subsection (2), the division of an electoral district into polling districts may be altered by the registering officer as occasion may require ; and upon any such alteration being made he shall publish in the Gazette a notice specifying, in relation to that electoral district, the particulars mentioned in paragraph (d) of subsection (1) of this section. Any such alteration shall come into effect on the date of publication of the notice under section 22 (1) relating to the next certification of the register of electors for such electoral district, but the revision of such register before such certification shall be made on the basis of such alteration.

(3A) A notice published in the Gazette under subsection (1) or subsection (3) may from time to time be amended, in the particulars in paragraph (d) (iii) of subsection (1) required to be specified in that notice, after notifying the proposed amendments to the public in such manner as the Commissioner may determine and after giving an opportunity to the public for making representations in regard to the proposed amendments.

(4) Unless the returning officer, appointed under section 25, considers it necessary or expedient, in the special circumstances of any case, to provide a separate polling station for the female voters of any polling district there shall be, for each polling district, one polling station and no more.

(1) The registering officer of each electoral district specified in the first Proclamation under section 43 of the Ceylon (Constitution) Order in Council, 1946, shall prepare or cause to be prepared in the English language a register of electors for that electoral district, so however, that every name appearing in those parts of the registers of voters as last revised in accordance with the provisions of the Ceylon (State Council Elections) Order in Council, 1931, which relate to the area comprised in that electoral district shall appear in the appropriate register of electors, and, subject to the provisions of sections 12 and 13, no name which does not appear in such registers of voters shall then appear in such register of electors.

(2) On the completion of the register of electors aforesaid for any electoral district the registering officer of that district shall give notice in the Gazette and in one or more newspapers circulating in the electoral district that the register has been completed, and that the register or a copy thereof is open for inspection at all reasonable hours of the day at the kachcheri or other office of the registering officer of the electoral district to which the register relates, or at such other place in the district as may be specified in the notice.

(3) Nothing in sections 4, 5, 6 * and 7 * of this Order shall have any application to any register of electors prepared under this section.

(1) Every person who was on the 22nd day of May, 1946, qualified in accordance with the Ceylon (State Council Elections) Order in Council, 1931, to have his name entered in a register of voters, whose name has been omitted from the register of electors prepared under section 11 of this Order for an electoral district, in respect of which he claims to be entitled to be registered (hereinafter in this and the next succeeding section referred to as the ” claimant”), may apply to the registering officer to have his name inserted therein :

Provided that no person shall be entitled to claim to have his name inserted in the register of electors aforesaid on the ground that he is qualified under Article 8 or under Article 9 of the first-mentioned Order unless an application made by that person in accordance with the requirements of Article 14 of that Order was duly received by the registering officer within the time prescribed by Article 13 of that Order.

(2) Every claim under subsection (1) of this section shall be in writing and shall be substantially in the form C in the First Schedule to this Order and shall reach the registering officer within two weeks from the date of the publication in the Gazette of notice of completion of the register. Within four days from the expiry of the period of two weeks aforesaid, the registering officer shall exhibit in a conspicuous place at the kachcheri or other office of the registering officer, a notice containing the names and addresses of the claimants, if any.

(3) Any person whose name appears in the register for any electoral district may object to the inclusion in the register of his own name or the name of any other person appearing therein or may object to the insertion in the register of the name of any claimant.

(4) In this and the next succeeding section, every person objecting to the inclusion or insertion of any name in the register is referred to as the “objector”.

(5) Every objection to the inclusion of any name in the register shall be made in writing in duplicate and shall be substantially in the form D in the First Schedule to this Order and shall reach the registering officer within two weeks from the date of publication in the Gazette of notice of completion of the register. Within four days from the expiry of the period of two weeks aforesaid, the registering officer shall exhibit in a conspicuous place at the kachcheri or other office of the registering officer a notice containing the names and addresses of the objectors and persons in regard to whom objections have been made.

(6) Every objection to the insertion of the name of any claimant in the register shall be made in writing in duplicate and shall be substantially in the form E in the First Schedule to this Order and shall reach the registering officer within ten days from the date on which the notice containing the names of claimants is exhibited under subsection (2) of this section. “Within four days from the expiry of the period of ten days aforesaid, the registering officer shall exhibit in a conspicuous place at the kachcheri or other office of the registering officer a notice containing the names and addresses of the objectors and persons in regard to whom objections have been made.

(7) One copy of each objection shall bear a stamp of one rupee.

(8) The registering officer shall, as soon as practicable after receiving an objection to the inclusion or insertion of any name in the register, send one copy of. the objection to the person in regard to whom objection has been made.

(9) The registering officer shall, as soon as practicable, hold a public inquiry into all claims and objections which have been duly made, giving not less than twelve clear days’ written notice of the date on which and the time and place at which the inquiry will commence to each claimant, objector and person in regard to whom objection has been made. At any such public inquiry, any person appearing to the registering officer to be interested in or affected by the subject-matter of the inquiry may appear and be heard either by himself or by any other person duly authorized by him in writing in that behalf :

Provided that the registering officer may, without any public inquiry as aforesaid, allow any claim in respect of which no objection has been made if he is otherwise satisfied that such claim should be allowed and shall insert the claimant’s name in the register.

(10) Where an objection is made to the inclusion or insertion of any name in the register the registering officer shall call upon the objector, or some person authorized in writing in that behalf by the objector, to give prima facie proof of the ground of the objection.

(11) If such prima facie proof as aforesaid is given, the registering officer shall require proof of the qualification of the person in regard to whom objection has been made, and

(12) If on the date fixed for inquiry into any objection, the objector or a person authorized in writing in that behalf by the objector fails to appear, or appears but fails to give such prima facie proof as aforesaid, then-

(13) If an objection is made and is overruled by the registering officer and, in his opinion, the objection was made without reasonable cause, the registering officer may if he thinks fit order the objector to pay to the person in regard to whom objection has been made such sum not exceeding fifty rupees as the registering officer considers reasonable compensation for any loss of time incurred by such person in consequence of the objection.

(14) If, upon an objection being overruled, the objector appeals under section 13 to the revising officer and the appeal is dismissed, and in the opinion of the revising officer the appeal was made without reasonable cause, the revising officer may if he thinks fit order the objector to pay to the person in regard to whom objection has been made such sum not exceeding fifty rupees as the revising officer considers reasonable compensation for any loss of time incurred by such person in consequence of the appeal. If any such appeal as aforesaid is allowed by the revising officer, he shall have power to revise or cancel any order made by the registering officer for the payment of compensation by the objector.

(15) Any sum awarded as compensation under this section shall be recoverable as though the order of the registering officer or revising officer were a decree of court.

(16) If an objection is made and is upheld by the registering officer and no appeal is made under section 13, or in the event of an appeal, if such appeal is dismissed by the revising officer, the sum of one rupee paid under subsection (7) of this section shall be refunded to the objector.

(1) If any claimant, objector or person in regard to whom objection has been made is dissatisfied with the decision of the registering officer, he may, within ten days from the date thereof, appeal therefrom to the revising officer.

(2) Every appeal under this section shall be in writing, shall state shortly the ground of appeal, and shall bear a stamp of five rupees.

(3) The revising officer shall hear such appeals in open court or office, giving notice of the dates of the hearing of the appeal to the parties concerned. It shall be in his discretion whether to hear or not to hear any evidence. His determination of the appeal shall be final and conclusive.

(4) When the revising officer has determined the appeals which have been lodged with respect to any register, he shall forward to the registering officer a statement under his hand containing the names which he has decided shall be included or inserted in the register and those which he has decided shall be expunged from the register, and the registering officer shall amend the register accordingly.

(5) If an appeal is allowed, the sum of five rupees paid, under subsection (2) of this section shall be refunded to the appellant.

(1) The registering officer of each electoral district shall, as soon as conveniently may be after the claims and objections have been adjudicated upon, certify the register of electors for that district:

Provided that the registering officer may certify the register in accordance with this section during the pendency of any appeal under section 13, and shall thereafter insert in or expunge from such certified register the name of any person in accordance with the decision of the revising officer on the determination of such appeal,

(2) Nothing in this Order shall be deemed to prohibit the registering officer, before certifying any register, from correcting any clerical error which appears to him to have been made therein.

(1) Where, by any Proclamation other than the first Proclamation under section 43 of the Ceylon (Constitution) Order in Council, 1946, any electoral district of the Island is altered or a new district is created, the registering officer of the altered or new district shall forthwith prepare or cause to be prepared a register of electors for that electoral district, so however, that every name appearing in those parts of the register or registers in operation immediately prior to the publication of such Proclamation which relate to the area comprised in the altered or new electoral district shall appear in the new register of electors, and no name which does not appear in those parts of the register or registers aforesaid shall appear in the new register.

(2) The provisions of subsection (2) of section 11 and the provisions of sections 12 to 14 (other than the proviso to subsection (1) of section 12) shall apply to a register prepared under this section with the modifications that subsection (2) of section 11 shall be read and construed as if, for the words ” or at such other place “, there were substituted the words ” and at such other places “, and that section 12 shall be read and construed as if, for the words ” two weeks “, there were substituted the words ” four weeks”, and that any reference in any of those provisions to the Ceylon (State Council Elections) Order in Council, 1931, shall be read and construed as a reference to this Order. Every such register when certified shall, notwithstanding anything in subsection (2) of section 22 of this Order, come into operation at the next general election held after such certification and not earlier.

(3) Where the name of any person who is qualified in accordance with this Order to have his name entered in any register of electors prepared under subsection (1) for any electoral district has been omitted from that register, any other person may make an application to the registering officer of that electoral district to have the name of the first-mentioned person inserted in such register. Such application shall be in writing and shall be substantially in the form CC in the First Schedule to this Order and shall be made to such registering officer so as to reach him within four weeks from the date of the publication in the Gazette of the notice of completion of such register. Where an application is made under this subsection, the registering officer shall, as soon as practicable, hold a public inquiry into the application, giving not less than twelve days’ written notice of the inquiry and of the date on which and the time and place at which the inquiry will commence to the applicant and to the person in respect of whom the application is made, and, if such person appears at the inquiry and supports the application and satisfies the registering officer that the application should be allowed, the application shall be allowed and, if such person fails to do so, the application shall be disallowed.

(4) Before the certification of the register of electors prepared for any electoral district under subsection (1), application may be made to the registering officer of that electoral district for the correction of an existing entry relating to the applicant in such register, and, where such application is made, the registering officer shall, if he is satisfied after such inquiry as he deems fit that the entry relates to the applicant and is erroneous or defective in any particular, cause the necessary amendment in the entry to be made.

(1) On or before the first day of June in each year following the year in which the register of electors for any electoral district is first certified under this Order, the Commissioner shall cause the revision of such register to be commenced and a notification, stating that the revision of such register has commenced and informing every person qualified to be an elector for such electoral district how he may ascertain, whether his name is in such register and, if not, how he may secure its insertion therein, to be published in the Gazette in Sinhalese, Tamil and English and in at least one Sinhalese newspaper, one Tamil newspaper and one English newspaper circulating in such electoral district and to be conspicuously displayed at public places within such electoral district.

(3) For the purpose of revising the register and of satisfying himself as to the qualification of any person for registration or determining whether the name of any person should be inserted or retained in the register or expunged therefrom, the registering officer may make such house to house or other inquiry as he may deem necessary either by himself or through a person appointed by him. For the purpose of such inquiry the registering officer may require any householder or any person owning or occupying any land or premises in his electoral district or the agent of such person to give in such form as may from time to time be prescribed by the Commissioner, any information in the possession of such person or agent which the registering officer may require. Any notice requiring information under this subsection may be sent by ordinary letter post to the person from whom the information is required or may be delivered to him or to an adult member of his household.

(4) All officers in the service of the Government of Ceylon (other than officers in the Income Tax Department) and all local authorities are hereby authorized and required to furnish to the registering officer all such information as he may require to enable him to revise the register. In this subsection ” local authority” means a Municipal Council, an Urban Council, a Town Council, or a Village Committee.

(5) Every person who, being in possession of any information required under subsection (3) of this section, fails to give such information to the registering officer or to any person appointed by the registering officer for the purpose, or wilfully gives any false information, shall be guilty of an offence and shall on conviction before a Magistrate be liable to a fine not exceeding one hundred rupees.

(6) Every person who is appointed by a registering officer and who wilfully suppresses any information relating to the qualification of any person for registration or relevant for determining whether the name of any person should or should not be retained or inserted in the register, after such information has been furnished to or collected by him, shall be guilty of an offence and shall on conviction before a Magistrate be liable to a fine not exceeding one hundred rupees.

(7)

* + (1) For the purpose of revising the register in each year, the registering officer shall prepare two separate lists, one, hereinafter referred to as ” List A “, containing the names of persons in the register who are dead or have become disqualified, and the other, hereinafter referred to as ” List B”, containing the names of persons who, not being already in the register or otherwise disqualified, appear to the registering officer to be qualified to have their names entered in the register.

The preparation of such lists shall be completed by the registering officer on or before the fifteenth day of August in that year or such other date not later than the thirty-first day of January in the succeeding year as the Commissioner may appoint for the purpose by notification published in the Gazette.

(2) Upon the completion of the two lists referred to in subsection (1) of this section, the registering officer shall give notice in the Gazette and in one or more newspapers circulating in the electoral district that such lists have been completed and that the register and such lists, or copies thereof, are open for inspection at all reasonable hours of the day at the kachcheri or other office of the registering officer of the electoral district to which the register relates, and at such other places in the district as may be specified in the notice. * See section 4 (9) of the Indian and Pakistani (Parliamentary Representation) Act. Section 17 is repealed by Act No. 48 of 1949.

(1) + Every person who is qualified in accordance with this Order to have his name entered in any register of electors at a revision of that register and whose name has been omitted from that register and from List B or whose name has been included in List A, and who claims to have his name inserted or retained as the case may be in the register (hereafter in this section referred to as the ” claimant”), may apply to the registering officer to have his name inserted or retained therein.

(2) Any person whose name appears in the register or in List B for any electoral district may object to the inclusion in the register of his own name or the name of any other person appearing in such register or list or may object to the insertion or retention in the register of the name of any claimant.

(3) The provisions of section 12 (other than the provisions of subsections (1) and (3) thereof) and the provisions of section 13 shall apply to claims and objections under this section as though the references in section 12 to two weeks were references to four weeks and as though the references therein to the notice of completion of the register were references to the notice under section 18 of the completion of Lists A and B, and as though the term “objector” included a person objecting to the retention in the register of the name of a claimant.

(4) Where a person is entitled to claim under subsection (1) to have his name inserted or retained in any register of electors, any other person may make an application to the registering officer to have the name of the first-mentioned person inserted or retained in that register. Such application shall be in writing and shall be substantially in the form CC in the First Schedule to this Order and shall be made to the registering officer so as to reach him within four weeks from the date of the publication in the Gazette of the notice of the completion of Lists A and B.

Where an application is made under this subsection, the registering officer shall, as soon as practicable, hold a public inquiry into the application, giving not less than twelve days’ written notice of the inquiry and of the date on which and the time and place at which the inquiry will commence to the applicant and to the person in respect of whom the application is made, and, if such person appears at the inquiry and supports the application and satisfies the registering officer that the application should be allowed, the application shall be allowed, and, if such person fails to do so, the application shall be disallowed.

(1) The registering officer of each electoral district shall certify the register of electors for that district as soon as conveniently may be after the claims and objections have been adjudicated upon and after he has revised Lists A and B in accordance with such adjudication and expunged from the register the name of every person remaining in List A and included in the register the name of every person remaining in List B : Provided that the registering officer may certify the register in accordance with this section during the pendency of any appeal under section 13 and shall thereafter insert in or expunge from such certified register the name of any person in accordance with the decision of the revising officer on the. determination of such appeal.

(2) Nothing in this Order shall be deemed to prohibit the registering officer before certifying any register from correcting any clerical error which appears to him to have been made therein.

(3) Application may be made to the registering officer of any electoral district before the certification of the register of electors for that district for the correction of an existing entry relating to the applicant in that register, and, where such application is made, the registering officer shall, if he is satisfied after such inquiry as he deems fit that the entry relates to the applicant and is erroneous or defective in any particular, cause the necessary amendment in the entry to be made.

(1) All notices required to be given by a registering officer or a revising officer shall be sufficiently given if sent by registered post to the address, if any, given in the claim or objection, or in default of such address, to the address given in the register of electors.

(2) A registering officer or revising officer may from, time to time adjourn any proceedings before him under this Order to any convenient time and place.

(1) On the certification of a register under this Order the registering officer shall give notice in the Gazette and in one or more newspapers circulating in the electoral district that the register has been certified and that such register, or a copy thereof, is open for inspection at all reasonable hours of the day at the kachcheri or other office of the registering officer of the electoral district to which the register relates, or at such other place in the district as may be specified in the notice.

(2) The certified register shall come into operation upon the date of the publication of the notice aforesaid and, subject to such alterations, if any, as may subsequently be made therein in accordance with section 14 or section 20, such register shall continue in operation until superseded by the next certification of the same.

(1) In this section –

“language of the majority”, with reference to any electoral district, means the language (other than the English language) spoken by the majority of the people of that electoral district,

” language of the minority “, with reference to any electoral district, means the language (other than the language of the majority and the English language) spoken by not less than twenty per centum of the people of that electoral district, and

” prescribed date ” means such date as shall be specified, for the purposes of this section, by the Minister by Order published in the Gazette:

(2) After the prescribed date, the register of electors for each electoral district and the lists prepared for the purpose of revising such register shall be in the language of the majority and in the English language and, where there is a language of the minority, in such language of the minority.

(a) his conviction of a corrupt or an illegal practice, or

(b) the report of an Election Judge or of the Supreme Court published under subsection (2) of section 82d, or

(c) his conviction of an offence under section 52 or section 53, or

(d) the operation of section 4A,

(1) Every person who wilfully makes a false statement or declaration in any claim or objection or at any inquiry held in connexion therewith or in any appeal shall, on conviction before a Magistrate, be liable to a fine not exceeding one hundred rupees.

(2) A registering officer or revising officer may, on the consideration or hearing of any application, claim, objection, or appeal require that the evidence tendered by any person shall be given on oath and may administer such oath for that purpose ; and every person who in the course of any such consideration or hearing knowingly swears anything material to the validity of such application, claim, objection or appeal which is false shall be guilty of the offence of giving false evidence and shall be liable to the punishment provided therefor in the Ceylon Penal Code.

(1) For the purposes of the preparation of the first register of electors for the Indian and Pakistani electoral district, the Commissioner may, by notice published in the Gazette, direct the registering officer of every other electoral district to comply with the provisions of paragraph (a) of subsection (4) in respect of the register of electors for the time being in operation under this Order for every such district. It shall be the duty of the registering officer of every such district, after compliance with those provisions as directed by the notice, to transmit a copy of that register to the registering officer of the Indian and Pakistani electoral district.

(2) The registering officer of any electoral district (other than the Indian and Pakistani electoral district) shall, immediately before the certification by him under this Order of the register of electors prepared for that district under section 15 of this Order, comply with the provisions of paragraph (a) of subsection (4) in respect of that register. It shall be the duty of such officer-

to transmit a copy of that register to the registering officer of the Indian and Pakistani electoral district.

(3) The registering officer of each electoral district (other than the Indian and Pakistani electoral district) shall, after the completion of the revision in any year of the register of electors for that district and immediately before its certification as required by this Order, comply with the provisions of paragraphs (a) and (b) of subsection (4) in respect of that register. It shall be the duty of such officer-

to transmit a copy of that register to the registering officer of the Indian and Pakistani electoral district.

(4)

(1) Upon the receipt of all the registers of electors which are required to be transmitted to him under subsection (1) of section 23a, the registering officer of the Indian and Pakistani electoral district shall prepare or cause to be prepared in the English language the first register of electors for that district, so however, that every name appearing in any one of the registers received by him and marked in such register with the disqualification mark shall be entered in the register of electors for that district and no other name shall be so entered.

Nothing in the preceding provisions of this subsection shall be deemed or construed to preclude the registering officer from commencing the preparation of the register of electors for that district upon the receipt of the first register of electors transmitted to him under subsection (1) of section 23A.

(2) Upon the receipt of a register of electors transmitted to him under subsection (2) of section 23a, the registering officer of the Indian and Pakistani electoral district shall revise or cause to be revised the register of electors for that district, so however, that every name appearing in the register received by him and marked in such register with the disqualification mark shall, if it is not already entered in the register of electors for the Indian and Pakistani electoral district, be entered in the register for that district.

(3) Upon the receipt of all the registers of electors which are required to be transmitted to him under subsection (3) of section 23A, the registering officer of the Indian and Pakistani electoral district shall revise or cause to be revised the register of electors for that district, so however, that-

Nothing in the preceding provisions of this subsection shall be deemed or construed to preclude the registering officer from commencing the revision of the register of electors for the Indian and Pakistani electoral district upon the receipt of the first register of electors transmitted to him under subsection (3) of section 23a.]

(1) Upon the completion of the preparation or revision under section 23B of the register of electors for the Indian and Pakistani electoral district, the registering officer of that district shall forthwith certify that register.

(2) On a certification of the register of electors for the Indian and Pakistani electoral district under subsection (1), the registering officer shall give notice in the Gazette and in one or more newspapers circulating in that district that the register has been certified and that such register or a copy thereof is open for inspection at all reasonable hours of the day at such place or places in the district as may be specified in the notice.

(3) The certified register of electors for the Indian and Pakistani electoral district shall come into operation upon the date of the publication of the notice aforesaid and shall continue in operation until superseded by the next certification of the same.]

(1) The Governor-General, from time to time by notice in the Gazette, shall appoint by name or by office a person to be returning officer of each electoral district, and may appoint by name or by office one or more persons to assist the returning officer in the performance of his duties. A person so appointed to assist any returning officer shall have all the powers and may perform all the duties of the officer whom he is appointed to assist, and any reference in this Order to a returning officer shall, unless the context otherwise requires, be deemed to include a reference to an assistant returning officer. An appointment made by the Governor-General under this subsection may be revoked by him at any time.

(2) If any returning officer is, by sickness or other cause, prevented or disabled from performing any of his duties under this Order and there is not time for another person to be appointed by the Governor-General, the returning officer may appoint, by name or by office, a deputy to act for him. Every such appointment shall as soon as possible be reported to the Governor-General and may be revoked by him, but without prejudice to the validity of anything already done by such deputy.

(1) Any person eligible for election as a Member of Parliament may be nominated as a candidate for election.

(2) Each candidate shall be nominated by means of one or more, but not more than six, separate nomination papers each signed by two persons, whose names are in the register of electors for the electoral district for which the candidate seeks election, as proposer and seconder respectively. The written consent of the candidate must be annexed to or endorsed on each nomination paper.

(3) The signature of the proposer and the seconder shall be attested by a Justice of the Peace, a Commissioner for Oaths or a notary public.

(4) Every nomination paper shall be substantially in the form G in the First Schedule to this Order.

(5) The returning officer may, at any time between the date of the publication of the Proclamation or notice referred to in section 27 and one o’clock in the afternoon of the day of nomination, supply a form of nomination paper to any registered elector requiring the same, but nothing in this Order shall render obligatory the use of a nomination paper supplied by the returning officer, so, however, that the paper used be substantially in the form prescribed by this Order.

(1) A candidate, or some person on his behalf, shall deposit or cause to be deposited with the returning officer or with some person authorized by the returning officer in that behalf, between the date of the publication of the Proclamation or notice referred to in section 27 and one o’clock in the afternoon of the day of nomination, the sum of one thousand rupees in legal tender and, if he fails to do so, he shall be deemed to have withdrawn his candidature under section 33. The returning officer shall forthwith pay the said sum into the Treasury or the nearest kachcheri and such sum shall be dealt with in accordance with the provisions of this Order.

(2) If a candidate is not nominated as a candidate for election or if, after the deposit is made, the candidate withdraws his candidature under section 33, the deposit shall be returned to the person by whom the deposit was made ; and, if the candidate dies after the deposit is made and before the poll is commenced, the deposit, if made by him, shall be returned to his legal representative, or if not made by him, shall be returned to the person by whom the deposit was made.

(3) If a candidate who has made the required deposit is not elected and the number of votes polled by him does not exceed one-eighth of the total number of votes polled, or, in the case of an electoral district returning more than two Members, one-eighth of the number of votes polled divided by the number of Members to be elected, the amount deposited shall be forfeited to the Crown, but in any other case that amount shall be returned to the candidate, where the candidate is elected, as soon as he has taken the oath or made affirmation as a Member, and, where the candidate is not elected, as soon as practicable after the result of the election is declared.

(4) Notwithstanding anything contained in this section, where a candidate is nominated, at a general election, in more than one electoral district, he shall in no case recover his deposit more than once, and in such case the deposits shall be forfeited to the Crown except, if the candidate has for any electoral district obtained the required number of votes, such one deposit as the Commissioner directs and such deposit shall be returned to the candidate.

(5) For the purposes of this section the number of votes polled shall be deemed to be the number of votes counted other than rejected votes.

(1) The returning officer shall, on the day of nomination, attend at the place of nomination from twelve noon until one o’clock in the afternoon to receive nomination papers.

(2) Every nomination paper must be delivered to the returning officer together with a copy thereof on the day and at the place and between the hours aforesaid by the candidate or by his proposer or seconder, and, if not so delivered, shall be rejected.

(3) The returning officer shall forthwith cause a copy of the nomination paper to be posted in a conspicuous position outside the place of nomination.

(4) The returning officer shall permit the candidates and their proposers and seconders and one other person, if any, appointed by each candidate in writing to be present on the day and at the place of nomination between twelve noon and one-thirty o’clock in the afternoon and there and then to examine the nomination papers of candidates which have been received for that electoral district.

(1) Objection may be made to a nomination paper on all or any of the following grounds but on no other ground, namely : –

(2) No objection to a nomination paper shall be allowed unless it is made to the returning officer between twelve noon and one-thirty o’clock in the afternoon on the day of nomination.

(3) Every objection shall be in writing signed by the objector and shall specify the ground of objection. The returning officer may himself lodge an objection.

(4) The returning officer shall with the least possible delay decide on the validity of every objection and inform the candidate concerned of his decision, and, if the objection is allowed, of the grounds of his decision. His decision if disallowing the objection shall be final ; but if allowing the objection shall be subject to reversal on an election petition.

(1) A candidate may before one o’clock in the afternoon on the day of nomination, but not afterwards, withdraw his candidature by giving a notice to that effect signed by him to the returning officer.

(2) The returning officer shall forthwith cause notice of such withdrawal to be posted in a conspicuous position outside the place of nomination.

(1) If, on the day of nomination in any electoral district, after the decision by the returning officer of any objections which may have been lodged, more candidates stand nominated for that district than there are vacancies to be filled, the returning officer shall forthwith adjourn the election to enable a poll to be taken in accordance with the provisions of this Order, and shall, subject to the provisions of subsection (1A) , allot to each candidate an approved symbol which shall be printed on the ballot paper opposite that candidate’s name. The determination of the approved symbol to be allotted to each candidate shall be made by lot by the returning officer.

In this section ” approved symbol” means a symbol approved by the Commissioner for the purposes of this Order by notification published in the Gazette.

(1A)

(1B) Where a candidate is nominated by means of two or more nomination papers, he shall, forthwith after an approved symbol is allotted to him under subsection (1) or subsection (1a), select one of those nomination papers and notify the returning officer in writing that the name of the proposer and the name of the seconder appearing in the selected nomination paper should be specified as the name of his proposer and the name of his seconder in the notice relating to the election to be published under subsection (3), and, if such candidate does not so select and so notify, the returning officer shall select one of such nomination papers for the purpose of determining the name of the proposer and the name of the seconder of such candidate to be specified in such notice.

(2) Immediately after four o’clock in the afternoon on the day of nomination, the returning officer shall report to the Commissioner that the election is contested and shall send him copies of the nomination papers, a statement of the symbol allotted to each candidate, a statement of the nomination paper selected under subsection (1b) by or in respect of each candidate nominated by means of two or more nomination papers, and a statement giving the situation of the polling station or polling stations for each of the polling districts in that electoral district, and the particular polling stations, if any, reserved for female voters. A polling station for any polling district in any electoral district may, if the returning officer considers it necessary or expedient, be situated outside that polling district or that electoral district:

Provided that no polling station for a polling district shall be situated outside the ward, village or other area specified in the notice under section 10 (1) (d) of this Order.

(3) Upon the receipt of such report, the Commissioner shall cause to be published in the Gazette and also in such newspapers as he thinks fit a notice specifying-

(3A) Where due to any emergency it is necessary that the situation of any polling station should be different from that specified in a notice published under subsection (3), the Commissioner may cause the situation of that polling station to be altered after consulting the candidates.

(3B) Where due to any emergency the poll for an election in any electoral district cannot be taken on the date specified in the notice relating to the election published under subsection (3), the Commissioner may, by Order published in the Gazette, appoint another date for the taking of such poll, and such other date shall not be earlier than the twenty-first day after the publication of the Order in the Gazette.

(4) If, after an election has been reported as contested, one of the candidates nominated dies before the poll has commenced, the Commissioner shall, upon being satisfied of the fact of such death, countermand the notice for the poll, and shall appoint by notice published in the Gazette and in such newspapers as he thinks fit a fresh date for the election. In such case all proceedings with reference to the election shall be commenced afresh, provided that no fresh nomination shall be necessary in the case of a candidate who stood nominated at the time of the countermand of the poll.

(1) Subject to the general or special directions of the Commissioner, each returning officer shall appoint, and may revoke the appointment of, one or more persons, hereinafter called presiding officers, to preside at each polling station in his electoral district. If more than one presiding officer is appointed for any polling station, the returning officer may appoint one of the presiding officers to be the senior presiding officer who shall exercise general supervision over the other presiding officers, and over all arrangements for the conduct of the poll in that station. Each presiding officer shall be supplied with a copy of that part of the register of electors containing the names of electors in such register assigned to his polling station.

(2) If any presiding officer is by sickness or other cause, prevented from acting at any election, and there is not time for another person to be appointed by the returning officer, the presiding officer may appoint a deputy to act for him. Every such appointment shall as soon as possible be reported to the returning officer and may be revoked by the returning officer, but without prejudice to the validity of anything already done by such deputy.

(3) The returning officer may, if he thinks fit, preside at any polling station, and the provisions of this Order relating to a presiding officer shall apply to such returning officer.

(1) Outside each polling station there shall be affixed in a conspicuous place by the presiding officer before the commencement of the poll a notice showing the name of each candidate in English, Sinhalese and Tamil, and the symbol allotted to him.

(2) It shall “be the duty of the returning officer to provide at each polling station reasonable facilities for the electors allotted to such station to enable them to mark their votes screened from observation and to vote in accordance with the provisions of this Order, and he shall determine, or may authorize the presiding officer to determine, in what manner such facilities shall be distributed among the electors entitled to vote at such election.

(3) An election shall not be questioned by reason of noncompliance with the provisions of subsection (2) of this section or any informality relative to polling stations.

(1) No person shall be admitted to vote at any polling station except the one allotted to him :

Provided that where an elector for any electoral district is employed as a presiding officer, police officer, or in any other official capacity at a polling station within that district, and it is inconvenient for him to vote at the polling station in such district which has been allotted to him, the returning officer may authorize the elector, by a certificate under his hand, to vote – at any other polling station in the district, and that polling station shall, for the purposes of this section, be deemed to be the polling station allotted to such elector.

(2) Such certificate shall be given under the hand of the returning officer and shall state the name of the elector, his number, and description in the register of electors, and the fact that he is so employed as aforesaid.

(3) Unless the Commissioner, by notification in the Gazette, appoint any other hour, the poll in any electoral district shall open at eight o’clock in the forenoon of the day appointed under section 35 and shall close at five o’clock in the afternoon of that day.

(4) The presiding officer shall keep order in his station, and shall regulate the number of voters to be admitted at a time, and shall exclude all other persons except the candidates, the polling agent or agents of each candidate, the returning officer and persons authorized in writing by the returning officer, the police officers on duty and other persons officially employed at the polling station.

(5)

(6) No polling agent whose name has not been notified to the presiding officer as required by subsection (1) of section 61 shall be admitted to a polling station.

(7) If any person misconducts himself in the polling station, or fails to obey the lawful orders of the presiding officer, he may immediately, by order of the presiding officer, be removed from the polling station by any police officer in or near that station or by any other person authorized in writing by the presiding officer or by the returning officer to remove him ; and the person so removed shall not, unless with the permission of the presiding officer, again be allowed to enter the polling station. Any person so removed as aforesaid, if charged with the commission in such station of any offence, may be kept in custody until be can be brought before a Magistrate. The powers conferred by this section shall not be exercised so as to prevent any elector who is otherwise entitled to vote at any polling station from having an opportunity of voting at such station.

(1) In the case of a poll at an election, the votes shall be given by ballot, and the ballot of each voter shall consist of a paper, in this Order called a ballot paper.

(2) Every ballot paper shall contain a list of the candidates in English, Sinhalese and Tamil, described, subject to the provisions of section 91, as in their respective nomination papers, and arranged alphabetically in English in the order of their surnames or ge names, and, if there are two or more candidates with the same surname or ge name, of their other names. Every ballot paper shall be substantially in the form I in the First Schedule to this Order and shall be capable of being folded up.

(3) Each ballot paper shall have a number printed on the back and shall have attached a counterfoil with the same number printed on the face.

(1) Every ballot box shall be so constructed that the ballot papers can be introduced therein but cannot be withdrawn therefrom unless the box is unlocked.

(2) The presiding officer at a polling station immediately before the commencement of the poll, shall show each ballot box to be used at the commencement of the poll empty to such persons, if any, as may be present in such station so that they may see that it is empty, and shall then lock it up and place his seal upon it in such manner as to prevent it being opened without breaking such seal, and shall place it in his view for the receipt of ballot papers and keep it so locked and sealed.

(3) The provisions of subsection (2) of this section shall apply to every ballot box used during a poll and it shall be a sufficient compliance with those provisions if a ballot box, other than a ballot box used at the commencement of a poll, is shown, locked up and sealed as aforesaid, before it is used.

(1) In any case where only one candidate has to be returned, each voter shall be given one ballot paper and shall have one vote. In any case where more than one candidate has to be returned, each voter shall be given as many ballot papers and shall be entitled to as many votes as there are candidates to be returned, and he may give each of his votes in favour of a different candidate or may give all or any of his votes in favour of the same candidate, so however that not more than one vote shall be marked on each ballot paper.

[(1A) No ballot paper shall be delivered to any voter at any election for any electoral district (other than the Indian and Pakistani electoral district) if his name is marked in the register of electors with the disqualification mark or if the presiding officer or any person acting under his authority is satisfied that it should have been so marked.]

(2) The ballot paper or papers shall be delivered to the voter by the presiding officer or a person acting under his authority. Immediately before the ballot paper or papers are delivered to the voter, the paper or papers shall be stamped on the back or perforated with the official mark ; and the number, name and description of the voter, as stated in the copy of the register of electors, shall be called out, and the number of such elector shall be marked on the counterfoil, and a mark shall be placed in the register against the number of the elector to denote that he has received a ballot paper or papers, but without showing the particular ballot paper or papers which he has received.

(3) The voter, on receiving the ballot paper or papers, shall forthwith proceed to such place in the polling station as may be indicated by the presiding officer or by any person acting under such officer’s authority, and shall there secretly mark such paper or papers as near as may be in accordance with the directions given for the guidance of voters under this Order. The voter shall then fold the paper or papers so as to conceal his vote, and shall put such paper or papers so folded up into the ballot box. He shall vote without undue delay and shall quit the polling station as soon as he has put his ballot paper or papers into the ballot box. Note.-Sections and parts of sections enclosed in square brackets shall cease to be in force on a date in 1966 to be appointed by the Governor-General by Order published in the Gazette.-See section 2 of the Indian and Pakistani (Parliamentary Representation) Act.

(4) The presiding officer or any person authorized by him may, if he thinks fit, on the application of any voter, explain to the voter, in the presence of the polling agents of the candidates if present, the method of voting in accordance with this Order ; but in so doing he shall carefully abstain from any action which might be construed by the voter as advice or a direction to vote for any particular candidate.

(5) The presiding officer, on the application of a voter who is incapacitated by blindness or other physical cause from voting in the manner prescribed by this Order, shall mark the ballot paper or papers of such voter in the manner directed by the voter, and shall cause such ballot paper or papers to be placed in the ballot box.

(6) The presiding officer may at any time while a poll is proceeding take such steps as may be necessary to ensure that no voter delays unduly in any place reserved for the marking of ballot papers.

(7) During the taking of the poll, the presiding officer shall cause to be exhibited outside his polling station a notice in English, Sinhalese and Tamil, substantially in the form set out in the Second Schedule to this Order, giving directions for the guidance of voters in voting.

(1) The presiding officer at any polling station may in his discretion require any voter, before he is given a ballot paper, to make and subscribe all or any of the declarations set out in the forms J, K, and L in the First Schedule to this Order. Every such declaration shall be exempt from stamp duty.

(2) If any person refuses to make any such declaration, the presiding officer may refuse to give him a ballot paper.

(3) If any person wilfully makes a false statement in any such declaration, he shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months.

(1) The presiding officer of each polling station, as soon as practicable after the close of the poll, shall, in the presence of such of the candidates and their polling agents as attend, make up into separate packets, sealed with his own seal and the seals of the candidates or their agents if they desire to affix their seals-

(2) The ballot box or boxes unopened shall be secured by the presiding officer and sealed with his seal and with the seals of such of the candidates or their agents as attend and desire to affix their seals, in such manner that the box or boxes cannot be opened and nothing can be inserted therein without breaking the seals.

(3) The presiding officer shall despatch each such packet and the ballot box or boxes in safe custody to the returning officer.

(4) The presiding officer shall despatch to the returning officer, together with the packets and the ballot box or boxes, a statement specifying the number of ballot papers entrusted to such presiding officer and accounting for them under the heads of-

(1) Each candidate may appoint not more than two agents, hereinafter referred to as the ” counting agents “, to attend the counting of the votes. Written notice of the name and address or names and addresses of the counting agent or agents so appointed shall be given by the candidate to the returning officer.

(2) The returning officer shall make arrangements for counting the votes, in the presence of such of the candidates and their counting agents as attend, as soon as practicable after he has received all the ballot boxes relating to the electoral district, and for that purpose shall give notice in writing to each candidate, or, if the candidate has appointed any counting agent or agents, to such or each such counting agent, of the time and place at which he will begin to count the votes.

(3) The returning officer, his assistants and clerks, and the candidates and their counting agents, taut no other persons except with the sanction of the returning officer, may be present at the counting of the votes.

(4) Before the returning officer proceeds to count the votes, he or a person authorized by him shall, in the presence of such of the candidates and their counting agents as attend, open each ballot box and, taking out the papers therein, mix together the whole of the ballot papers contained in the ballot boxes. The returning officer, while counting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the backs of such papers.

(5) The returning officer shall so far as practicable proceed continuously with counting the votes and shall endorse “rejected” on any ballot paper which he may reject as invalid.

(6) The returning officer shall not count the tendered ballot papers but shall place them in separate packets according to the candidate whom they support and shall mark each packet with the name of such candidate and shall seal the packet and retain it unless it is required for the purposes of an election petition.

(7) When the counting of the votes has been completed, the returning officer shall forthwith declare the candidate to whom the greatest number of votes is given to be elected:

Provided that upon the application of any candidate or his counting agent, a recount shall be made before the returning officer makes the declaration.

(8) When an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of the candidates to be declared elected, the determination of the candidate to whom such one additional vote shall be deemed to have been given shall be made by lot in the presence of the returning officer in such manner as he shall determine.

(9) Upon the completion of the counting, and after the result has been declared by him, the returning officer shall seal up the ballot papers and all other documents relating to the election as required by this Order and shall, subject to the provisions of the next succeeding subsection, retain the same for a period of six months and thereafter shall cause them to be destroyed unless otherwise directed by order of the Commissioner.

(10) A Judge of the Supreme Court may make an order that any ballot paper or other document relating to an election which has been sealed as required by this Order be inspected, copied, or produced at such time and place and subject to such conditions as the Judge may deem expedient, but shall not make such an order unless he is satisfied that such inspection, copy or production is required for the purpose of instituting or maintaining a prosecution or an election petition in connexion with the election. Save as aforesaid, no person shall be allowed to inspect any such ballot paper or document after it has been sealed up in pursuance of subsection (9).

(1) The returning officer shall reject as invalid the following ballot papers only, namely, any ballot paper-

(2) Where the returning officer is satisfied that any mark made on a ballot paper clearly indicates the intention of the voter and the candidate for whom he gives his vote, the returning officer shall not reject the ballot paper on the ground solely that it has not been marked in all respects in accordance with the directions given for the guidance of voters under this Order.

(3) Where more than one candidate has to be returned, if more than one vote is given on any ballot paper to the same candidate and no vote is given on that paper to any other candidate, the returning officer shall not reject the ballot paper but shall count such votes as one vote for that candidate.

(4) Before rejecting a ballot paper, the returning officer shall show it to each candidate or his counting agent if present and hear his views thereon, taking all proper precautions to prevent any person from seeing the number printed on the back of the paper.

(5) The decision of the returning officer whether or not any ballot paper shall be rejected shall be final and shall not be questioned on an election petition.

(1) No election shall be invalid by reason of any failure to comply with any provision of this Order relating to elections if it appears that the election was conducted in accordance with the principles laid down in such provisions and that such failure did not affect the result of the election.

(2) Where in this Order any act or thing is required or authorized to be done in the presence of the candidates or their agents, the non-attendance of any candidate or agent at the time and place appointed for the purpose shall not, if that act or thing is otherwise duly done, invalidate that act or thing.

(1) Every person who-

shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a term not exceeding two years and shall, by conviction, become incapable, for a period of seven years from the date of his conviction, of being registered as an elector or of voting at any election under this Order, or of being elected or appointed as a Senator or Member of Parliament, and if at that date he has been elected or appointed as a Senator or Member of Parliament, his election or appointment shall be vacated from the date of such conviction.

(1A) No person shall, on any date on which a poll is taken at a polling station, do any of the following acts within a distance of fifty yards of the entrance of that polling station: –

Every person who contravenes the provisions of this subsection shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment.

(1B) No person shall, on any date on which a poll is taken at any polling station –

so as to cause annoyance to any person visiting the polling station for the poll or so as to interfere with the work of the officers and other persons on duty at the polling station. Every person who contravenes the provisions of this subsection shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment.

(1C) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of subsection (1b), and may seize any apparatus used for such contravention.

(2) Every person who attempts to commit an offence specified in this section shall be liable to the punishment prescribed for that offence.

(3) Every offence under this section shall be a cognizable offence within the meaning of the Criminal Procedure Code.

(4) In a prosecution for an offence in relation to a nomination paper, ballot box, ballot paper or marking instrument at an election, the property in such nomination paper, ballot box, ballot paper or marking instrument, as well as the property in the counterfoil of any ballot paper, may be stated, to be in the returning officer at that election.

(5) A prosecution for an offence under this section shall not be instituted without the sanction of the Attorney-General.

(1) Every officer, clerk, candidate, and agent authorized to attend at a polling station, or at the counting of the votes, shall, before so attending make a statutory declaration of secrecy, substantially in the form O in the First Schedule to this Order. Such declaration shall be made by the returning officer and by a presiding officer in the presence of a Justice of the Peace and when made by any other person shall be made in the presence of the returning officer or of a Justice of the Peace or of a presiding officer.

(2) Every officer, clerk, candidate, and agent in attendance at a polling station shall maintain, and aid in maintaining, the secrecy of the voting in such station, and shall not communicate, except for some purpose authorized by law, before the poll is closed, to any person any information as to the name or number on the register of electors of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark.

(3) No such officer, clerk, candidate or agent, and no person whosoever shall attempt to obtain in the polling station information as to the candidate for whom any voter in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at such station.

(4) Every officer, clerk, candidate, and agent in attendance at the counting of the votes shall maintain, and aid in maintaining, the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the back of any ballot paper or communicate any information obtained at such counting as to the candidate for whom any vote is given by any particular ballot paper.

(5) No person, except a presiding officer acting for a purpose authorized by this Order, or a person authorized by the presiding officer and acting for such purpose as aforesaid, shall communicate or attempt to communicate with any voter after such voter has received a ballot paper and before he has placed the same in a ballot box.

(6) Every person who acts in contravention of the provisions of this section shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months.

(7) Every person who is convicted of an offence under this section shall, by conviction, become incapable for a period of seven years from the date of his conviction, of being registered as an elector or of voting at any election under this Order.

(a) Every person who directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector, or to or for any person on behalf of any elector or to or for any other person, in order to induce any elector to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such elector having voted or refrained from voting at any election under this Order;

(b) Every person who, directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or to endeavour to procure any office, place or employment to or for any elector or to or for any person on behalf of any elector, or to or for any other person, in order to induce such elector to vote or refrain from voting, or corruptly does any such act as aforesaid on account of any elector having voted or refrained from voting at any election under this Order ;

(c) Every person who, directly or indirectly by himself, or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement, or agreement as aforesaid to or for any person in order to induce such person to procure or endeavour to procure the return of any person as a Member of Parliament, or the vote of any elector at any election under this Order;

(d) Every person who upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement procures or engages, promises or endeavours to procure, the return of any person as a Member of Parliament, or the vote of any elector at an election under this Order ;

(e) Every person who advances or pays or causes to be paid any money to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election under this Order or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election;

(f) Every elector who, before or during any election under this Order, directly or indirectly, by himself or by any other person on his behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office. place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any such election ;

(g) Every person who, after any election under this Order, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or to refrain from voting at any such election ;

(h) Every person who directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any candidate at an election, or on account of and as payment for his having assisted or agreed to assist any candidate at an election, applies to such candidate, or to his agent or agents, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment;

(i) Every person who, directly or indirectly, by himself or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if he has become a candidate gives or procures any office, place or employment or agrees to give or procure or offers or promises to procure or to endeavour to procure any office, place or employment to or for such other person, or gives or lends, or agrees to give or lend, or offers or promises to procure or to endeavour to procure any money or valuable consideration to or for any person or to or for such other person, or to or for any person on behalf of such other person.

(1) Every person who-

shall be guilty of a corrupt practice, and shall on conviction by a District Court be liable, in the case referred to in paragraph (a) of this subsection, to a fine of not less than two hundred and fifty rupees and not exceeding one thousand rupees or to rigorous imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment, and, in any other case, to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and such imprisonment.

(2) Every person who is convicted of a corrupt practice shall, by conviction, become incapable for a period of seven years from the date of his conviction of being registered as an elector or of voting at any election under this Order or of being elected or appointed as a Senator or Member of Parliament, and if at that date he has been elected or appointed as a Senator or Member of Parliament, his election or appointment shall be vacated from the date of such conviction.

(3) A prosecution for a corrupt practice shall not be instituted without the sanction of the Attorney-General.

(1) On or before the day of nomination at an election a person shall be named in writing by or on behalf of each candidate as his agent for such election and such person is in this Order referred to as the election agent.

(2) A candidate may name himself as election agent, and thereupon shall, so far as circumstances admit, be subject to the provisions of this Order, both as a candidate and as an election agent, and any reference in this Order to an election agent shall be construed to refer to the candidate acting in his capacity of election agent.

(3) On or before the day of nomination the name and address of the election agent of each candidate shall be declared in writing by the candidate or some other person on his behalf to the returning officer, and the returning officer shall forthwith, by affixing a notice in a conspicuous place outside his office, give public notification of the name and address of every election agent so declared.

(4) One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate himself or not, may be revoked and in the event of such revocation or of his death, whether such event is before, during or after the election, then forthwith another election agent shall be appointed, and his name and address declared in writing to the returning officer, who shall forthwith give public notice of the same in the manner aforesaid.

(1) The election agent of a candidate shall appoint every polling agent, clerk and messenger employed for payment on behalf of the candidate at an election, and hire every committee-room hired on behalf of the candidate, and shall before the opening of, or during, the poll inform the presiding officer at each polling station in writing of the name of the polling agent or agents appointed to act at that station.

Where such election agent, after informing such presiding officer of the name of any polling agent appointed to act at such station, revokes the appointment of that polling agent and appoints another polling agent to such station, such election agent shall inform such presiding officer in writing of the revocation of such appointment and of the name of the new polling agent appointed to such station.

(2) A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election shall not be enforceable against a candidate at such election, unless made by the candidate himself or by his election agent: Provided that inability under this section to enforce such contract against the candidate shall not relieve the candidate from the consequences of any corrupt or illegal practice committed by his agent.

(1) Except as permitted by or in pursuance of this Order, no payment and no advance or deposit shall be made by a candidate at an election, or by any agent on behalf of the candidate, or by any other person at any time, whether before, during, or after such election, in respect of any expenses incurred on account of or in respect of the conduct or management of such election otherwise than by or through the election agent of the candidate ; and all money provided by any person other than the candidate for any expenses incurred on account of or in respect of the conduct or management of the election, whether as gift, loan, advance, or deposit, shall be paid to the candidate or his election agent and not otherwise :

Provided that the preceding provisions of this section shall not be deemed to apply to any payment by the returning officer or to any sum disbursed by any person out of his own money for any small expense legally incurred by himself, if such sum is not repaid to him.

(2) A person who makes any payment, advance, or deposit in contravention of this section or pays in contravention of this section any money so provided as aforesaid, shall be guilty of an illegal practice

(1) Every payment made by an election agent in respect of any expenses incurred on account of or in respect of the conduct and management of an election shall, except where less than twenty rupees or where, from the nature of the case, such as travel by rail or postage, a receipt is not obtainable, be vouched for by a bill stating the particulars and by a receipt.

(2) Every claim against a candidate at an election or his election agent in respect of any expenses incurred on account of or in respect of the conduct or management of such election, which is not sent in to the election agent within the time limited by this Order, shall be barred and shall not be paid ; and subject to such exception as may be allowed in pursuance of this Order, an election agent who pays a claim in contravention of this section shall be guilty of an illegal practice.

(3) Except as by this Order permitted the time limited by this Order for sending in claims shall be fourteen days after the day on which the candidate returned is declared elected.

(4) All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the conduct or management of such election, shall be paid within the time limited by this Order and not otherwise; and, subject to such exception as may be allowed in pursuance of this Order, an election agent who makes a payment in contravention of this provision shall be guilty of an illegal practice.

(5) Except as by this Order permitted, the time limited by this Order for the payment of such expenses as aforesaid shall be twenty-eight days after the day on which the candidate returned is declared elected.

(6) Where it has been proved to the satisfaction of the election court by a candidate that any payment made by an election agent in contravention of this section was made without the sanction or connivance of such candidate, the election of such candidate shall not be void, nor shall he be subject to any incapacity under this Order by reason only of such payment having been made in contravention of this section.

(7) If the election agent in the case of any claim ,sent in to him within the time limited by this Order disputes it, or refuses or fails to pay it within the said period of twenty-eight days, such claim shall be deemed to be a disputed claim.

(8) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court; and any sum paid by the candidate or his agent in pursuance of the judgment or order of such court shall be deemed to be paid within the time limited by this Order, and to be an exception from the provisions of this Order, requiring claims to be paid by the election agent.

(9) On cause shown to the satisfaction of a Judge of the Supreme Court, such Judge on application by the claimant or by the candidate or his election agent may by order give leave for the payment by a candidate or his election agent of a disputed claim, or of a claim for any such expenses as aforesaid, although sent in after the time in this section mentioned for sending in claims, or although the same was sent in to the candidate and not to the election agent.

(10) Any sum specified in the order of leave may be paid by the candidate or his election agent, and when paid in pursuance of such leave shall be deemed to be paid within the time limited by this Order.

(1) The candidate at an election may pay any personal expenses incurred by him on account of or in connexion with or incidental to such election to an amount not exceeding two thousand rupees, but any further personal expenses so incurred by him shall be paid by his election agent.

(2) The candidate shall send to the election agent within the time limited by this Order for sending in claims a written statement of the amount of personal expenses paid as aforesaid by such candidate.

(3) The personal expenses of a candidate include his reasonable travelling expenses, and the reasonable expenses of his living at hotels or elsewhere for the purposes of the election.

(4) Any person may, if so authorized in writing by the election agent of the candidate, pay any necessary expense for stationery, postage, telegrams, and other petty expenses to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.

(5) A statement of the particulars of payments made by any person so authorized shall be sent to the lection agent within the time limited by this Order for the sending in of claims, and shall be vouched for by a bill containing the receipt of that person.

(1) Subject to such exception as may be allowed in pursuance of this Order, no sum shall be paid and no expense shall be incurred by a candidate at an election or his election agent, whether before, during, or after an election, on account of or in respect of the conduct or management of such election, in excess of seven thousand five hundred rupees or of an amount equal to thirty cents for each elector on the register, whichever amount shall be the larger : Provided that there shall not be included in such amount any expenditure incurred by the candidate for his personal expenses, nor the fee, if any, paid to the election agent not exceeding one thousand rupees.

(2) Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal practice.

(1) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at any election, be made-

(2) Subject to such exception as may be allowed in pursuance of this Order, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after an election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contravention of this section, shall also be guilty of an illegal practice.

(3) A person shall not let, lend, or employ for the purpose of conveyance of electors to and from the poll any vehicle or animal of transport of any kind whatsoever which he keeps or uses for the purpose of letting out for hire, and if he lets, lends, or employs such vehicle or animal of transport knowing that it is intended to be used for the conveyance of electors to and from the poll he shall be guilty of an illegal practice.

(4) A person shall not hire, borrow, or use for the purpose of conveyance of electors to and from the poll any vehicle or animal of transport of any kind whatsoever which he knows the owner thereof is prohibited by subsection (3) of this section to let, lend, or employ for that purpose, and if he does so he shall be guilty of an illegal practice.

(5) Nothing in subsection (3) or subsection (4) of this section shall prevent a vehicle or animal of transport of any kind being let to, or hired, employed, or used by an elector or several electors at their joint cost for the purpose of being conveyed to or from the poll.

(6) Notwithstanding anything in the preceding provisions of this section-

(1) No person shall, for the purpose of promoting or procuring the election of a candidate at any election, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except for the purpose or in the capacities following: –

(2) Subject to such exception as may be allowed in pursuance of this Order, if any person is engaged or employed in contravention of this section, either before, during, or after an election, the person engaging or employing him shall be guilty of an illegal practice.

(1) Within thirty-one days after the date of publication of the result of an election in the Gazette the election agent of every candidate at that election shall transmit to the returning officer a true return, in this Order referred to as the ” return respecting election expenses”, substantially in the form P in the First Schedule to this Order, containing detailed statements as respects that candidate of-

(2) The return respecting election expenses shall be signed by the election agent and shall be accompanied by declarations by the candidate and his election agent which shall be respectively in the forms Q and R in the First Schedule to this Order and shall be on oath before a Justice of the Peace.

(3) If the said return and declarations are not transmitted before the expiration of the time limited for the purpose, the candidate shall not after the expiration of such time sit or vote in the House of Representatives as a Member until either such return and declarations have been transmitted or until the date of the allowance of such authorized excuse for failure to transmit the same as in this Order, mentioned ; and if he sits or votes in contravention of this Order he shall be liable to a penalty of five hundred rupees for every day on which he so sits or votes.

(4) The penalty imposed by this section shall be recoverable by action in the District Court of Colombo instituted by any person who may sue for it:

Provided that no such action, having been instituted, shall proceed further unless the leave of the District Judge of the court is obtained.

(5) When, after the institution of any action in pursuance of the provisions of this section, no steps in pursuit of the action are taken by the person instituting the action for a period of three months, the action shall be dismissed with costs.

(6) If any candidate or election agent fails to comply with the requirements of subsection (1) or subsection (2) of this section he shall, subject to the provisions of section 58, be guilty of an illegal practice.

(1) When any return respecting election expenses and the declarations made in respect thereof have been received by the returning officer, the returning officer shall, as soon as may be, cause a notice of the date on which the return and declarations in question were received by him and of the time and place at which they can be inspected, to be fixed in some conspicuous place in his office and published in the Gazette.

(2) The returning officer shall preserve all such returns and declarations with the bills and vouchers relating thereto and at all reasonable times during six months next after the publication in the Gazette of the notice mentioned in this section shall permit any person to inspect them and to make extracts therefrom on payment of a fee of one rupee and shall, on payment of thirty-six cents for each folio of one hundred and twenty words, supply a copy or copies of any part thereof ; and after the expiration of the said period of six months the said documents may be destroyed or returned to the candidate if application for their return is made by the candidate before they are destroyed.

(1) Every person who commits an illegal practice shall on conviction by a District Court be liable to a fine not exceeding three hundred rupees and shall by conviction become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at any election under this Order or of being elected or appointed as a Senator or Member of Parliament, and if at that date he has been elected or appointed as a Senator or Member of Parliament, his election or appointment shall be vacated from the date of such conviction.

(2) A prosecution for an illegal practice shall not be instituted without the sanction of the Attorney-General.

(a) that no corrupt or illegal practice was committed at such election by the candidate or his election agent and the offences mentioned in the said report were committed contrary to the orders and without the sanction or connivance of such candidate or his election agent; and

(b) that such candidate and his election agent took all reasonable means for preventing the commission of corrupt and illegal practices at such election ; and

(c) that the offences mentioned in the said report were of a trivial, unimportant and limited character ; and

(d) that in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and of his agents,

(a) that any act or omission of a candidate at any election, or of his election agent or of any other agent or person, would, by reason of being the payment of a sum or the incurring of expense in excess of any maximum amount allowed by this Order, or of being a payment, engagement, employment, or contract in contravention of this Order, or of otherwise being in contravention of any of the provisions of this Order, be but for this section an illegal practice ; and

(b) that any such act or omission arose from inadvertence or from accidental miscalculations or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith,

(1) Where the return and declarations respecting election expenses of a candidate at an election have not been transmitted as required by this Order, or being transmitted contain some error or false statement, then-

the Judge may, after such notice of the application, and on production of such evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the Judge seems fit, and after giving the other candidates, the returning officer and any elector within the electoral district an opportunity of being heard, make such order for allowing an authorized excuse for the failure to transmit such return and declarations, or for an error or false statement in such return and declarations, as to the Judge seems just.

(2) Where it appears to the Judge that any person being or having been election agent has refused or failed to make such return or supply such particulars as will enable the candidate and his election agent, respectively, to comply with the provisions of this Order as to the return and declarations respecting election expenses, the Judge before making an order allowing the excuse as in this section mentioned shall order such person to attend before the Judge, and shall, unless he attends and shows cause to the contrary, order him to make the return and declarations, or to deliver a statement of the particulars required to be contained in the return, as to the Judge seems just, and to make or deliver the same within such time and to such person and in such manner as the Judge may direct, or may order him to be examined with respect to such particulars, and, in default of compliance with any such order, such person shall be guilty of an illegal practice.

(3) The order may make the allowance conditional upon the making of the return and declarations in a modified form or within an extended time, and upon the compliance with such other terms as to the Judge seems best calculated for carrying into effect the objects of this Order; and an order allowing an authorized excuse shall relieve the applicant for the order from any liability or consequences under this Order in respect of the matter excused by the order ; and where it is proved by the candidate to the Judge that any act or omission of the election agent in relation to the return and declarations respecting election expenses was without the sanction or connivance of the candidate, and that the candidate took all reasonable means for preventing such act or omission, the Judge shall relieve the candidate from the consequences of such act or omission on the part of his election agent.

(4) The date of the order, or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Order as the date of the allowance of the excuse.

(a) that by reason of general bribery, general treating, or general intimidation, or other misconduct, or other circumstances, whether similar to those before enumerated or not, the majority of electors were or may have been prevented from electing the candidate whom they preferred ;

(b) noncompliance with the provisions of this Order relating to elections, if it appears that the election was not conducted in accordance with the principles laid down in such provisions and that such noncompliance affected the result of the election;

(c) that a corrupt practice or illegal practice was committed in connexion with the election by the candidate or with his knowledge or consent or by any agent of the candidate ;

(d) that the candidate personally engaged a person as his election agent, or as a canvasser or agent, knowing that such person had within seven years previous to such engagement been found guilty of a corrupt practice by a District Court or by the report of an Election Judge ;

(e) that the candidate was at the time of his election a person disqualified for election as a Member.

(1) Every election petition shall be tried by the Chief Justice or by a Judge of the Supreme Court nominated by the Chief Justice for the purpose.

(2) The Chief Justice or the Judge so nominated is, in this Order, referred to as the Election Judge.

(3) For the purpose of summoning or compelling the attendance of witnesses at the trial of an election petition, the Election Judge shall have the same power, jurisdiction, and authority as are possessed and exercised by the Judge of a District Court in the trial of a civil action and witnesses shall be sworn in the same manner, as near as circumstances will admit, as in the trial of such an action, and shall be subject to the same penalties for the giving of false evidence.

(4) The Election Judge shall be attended on the trial of an election petition in the same manner as if he were a Judge of the Supreme Court sitting at assizes.

(5) Unless otherwise ordered by the Chief Justice, all interlocutory matters in connexion with an election petition may be dealt with and decided by any Judge of the Supreme Court.

(a) some person who voted or had a right to vote at the election to which the petition relates ;

(b) some person claiming to have had a right to be returned or elected at such election ;

(c) some person alleging himself to have been a candidate at such election.

(a) a declaration that the election is void ;

(b) a declaration that the return of the person elected was undue ;

(c) a declaration that any candidate was duly-elected and ought to have been returned ;

(d) where the seat is claimed for an unsuccessful candidate on the ground that he had a majority of lawful votes, a scrutiny.

(a) whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, or by his agent, and the nature of such corrupt or illegal practice, if any ; and

(b) the names and descriptions of all persons, if any, who have been proved at the trial to have been guilty of any corrupt or illegal practice :

(1) An appeal to the Supreme Court shall lie on a question of law, but not otherwise, against the determination of an Election Judge under section 81.

(2) Any such appeal may be preferred, either by the petitioner or by the respondent in the election petition, before the expiry of a period of one month next succeeding the date of the determination against which the appeal is preferred.

(3) Notice of the filing of a petition of appeal, accompanied by a copy of the petition, shall, within ten days of the filing thereof, be served by the appellant on the other party or each of the other parties to the election petition and on the Attorney-General. Such service on a party may be effected in any manner prescribed in the Third Schedule to this Order for the service of the notice and copy of an election petition.

(4) Every appeal preferred under this section shall, for the purposes of the application of the Stamp Ordinance, be deemed to be an appeal in a civil action of the value of ten thousand rupees.

(5) Every appeal under this section shall be heard by three Judges of the Supreme Court and shall, as far as practicable, be given priority over other business of that court. The court may give all such directions as it may consider necessary in relation to the hearing and disposal of each appeal.

(6) The Attorney-General shall be entitled to appear or to be represented in any appeal under this section.

(1) The Supreme Court may upon any appeal preferred under section 82A, affirm or reverse the determination of the Election Judge ; and where it reverses the determination, the court shall decide whether the Member whose return or election was complained of in the election petition, or any other and what person, was duly returned or elected, or whether the election was void, and a certificate of such decision shall be issued by the court.

(2) The Supreme Court may make any order which it may deem just as to the costs of the appeal and as to the costs of and incidental to the presentation of the election petition and of the proceedings consequent thereon, and may by such order reverse or vary any order as to costs made by the Election Judge ; and the provisions of the Third Schedule as to the award, taxation and recovery of costs shall mutatis mutandis apply in relation to the award of such costs by the Supreme Court and the taxation and recovery thereof.

(3) The decision of the Supreme Court on any appeal shall be final and conclusive.

(1) Where no appeal is preferred against the determination of an Election Judge under section 81 within the period herein before specified in that behalf, or where in any appeal that is so preferred the Supreme Court confirms the determination of the Election Judge, the court shall transmit to the Governor-General the certificate of the Election Judge issued under section 81, together with the report of the Election Judge made under section 82.

(2) Where the determination of the Election Judge is reversed by the Supreme Court in appeal, the court shall transmit to the Governor-General the certificate of the decision of that court issued under section 82b, together with-

(1) Upon the transmission to the Governor-General of the certificate of the determination of an Election Judge or of the decision of the Supreme Court as required by section 82c-

(2)

(3) It shall be the duty of every registering officer forthwith to peruse every such report which is published in the Gazette as provided in subsection (2), and forthwith to delete from the register of electors assigned to him the name of every person appearing from the report to be incapable of voting at an election.

(1) Every election petition shall be presented within twenty-one days of the date of publication of the result of the election in the Gazette :

Provided that-

(2) An election petition presented in due time may, for the purpose of questioning the return or the election upon an allegation of a corrupt or illegal practice, be amended with the leave of a Judge of the Supreme Court within the time within which an election petition questioning the return or the election upon that ground may be presented.

(3) For the purposes of this section, where there is an authorized excuse for failing to make and transmit the return and declarations respecting election expenses, the date of the allowance of the excuse or, if there was a failure in two or more particulars and the excuse was allowed at different times, the date of the allowance of the last excuse shall be substituted for the date of the publication in the Gazette of the notice mentioned in paragraph (b) of the proviso to subsection (1) of this section.

(1) On a scrutiny at the trial of an election petition the following votes only shall be struck off, namely : –

(2) The vote of a registered elector shall not, except in the case specified in paragraph (e) of subsection (1) of this section, be struck off at a scrutiny by reason only of the voter not having been or not being qualified to have his name entered on the register of electors.

(3) On a scrutiny, any tendered vote proved to be a valid vote shall, on the application of any party to the petition, be added to the poll.

(1) Subject to the provisions of this section the procedure and practice on election petitions shall, until Parliament otherwise provides, be regulated by the rules contained in the Third Schedule to this Order.

(2) If any matter of procedure or practice on an election petition shall arise which is not provided for by this Order or by such rules or by any Act of Parliament, the procedure or practice followed in England on the same matter shall, so far as it is not inconsistent with this Order or any such rules or Act of Parliament and is suitable for application to the Island, be followed and shall have effect.

(1) For the purposes of this Order, there shall be a Commissioner of Parliamentary Elections who shall be appointed by the Governor-General. In making an appointment under this section after the establishment of a Public Service Commission under section 58 of the Ceylon (Constitution) Order in Council, 1946, the Governor-General shall act on the recommendation of that commission.

(2) The Commissioner of Parliamentary Elections shall-

(1) Where any notice is required by this Order to be published and, in the opinion of the authority who is required to publish such notice, the prescribed mode of publication does not give sufficient publicity to the notice, he may, in addition to publishing the notice as required by this Order, exhibit copies of the notice in conspicuous places within the electoral district to which the notice relates or take such other steps as he may deem necessary for giving publicity thereto.

(2) Every person who, without lawful authority, destroys, mutilates, defaces or removes any notice which is exhibited by any authority under subsection (1) of this section or any document which is made available for inspection in accordance with this Order shall be guilty of an offence and shall on conviction before a Magistrate be liable to a fine not exceeding fifty rupees.

(1)The returning officer may use, free of charge, as a polling station any school or any portion of a school in receipt of a grant, or in respect of which a grant is made, out of moneys provided by the State Council or by Parliament.

(2) The returning officer shall make good any damage done to, and defray any expense incurred by the persons having control over, any such school or portion thereof as aforesaid by reason of its being used as a polling station.

(1) Where the Commissioner considers that any premises, other than any school referred to in section 92, are required for the purpose of being used as a polling station, he may requisition those premises for that purpose by order in writing addressed to and served on the person in actual possession of those premises, or, where no person is in such actual possession, on the owner of such premises.

(2) Where any premises are requisitioned under subsection (1), the period of such requisition shall not extend beyond four weeks.

(3) In this section, ” premises” means any land, building or part of a building and includes a hut, shed or structure or any part thereof.

(1) Where any premises are requisitioned under section 92a, the Commissioner shall pay, out of moneys provided for the purpose by Parliament, compensation for such requisition to the person who was in actual possession of those premises immediately before the requisition or, where no person was in such actual possession, the owner of those premises, and shall make good any damage done to those premises during the period of the requisition.

(2) The amount of compensation payable under subsection (1) in respect of any premises shall be determined by taking into consideration-

(3) Where any person entitled to compensation under this section is aggrieved by the decision of the Commissioner in regard to the amount of the compensation, that person may appeal in writing to the Minister from that decision. Upon such appeal being made, the Minister shall appoint an arbitrator and shall refer such appeal to him for determination, and the determination of the arbitrator on such appeal shall be final.