FIFTH AMENDMENT TO THE CONSTITUTION

(a) by the substitution, for the words ” in respect of which the vacancy occurred ;”, of the words ” in respect of which the vacancy occurred : ” ; and

(b) by the addition, at the end of that sub-paragraph, of the following proviso :-

“Provided that where the Secretary of such political party fails to nominate a member of such political party to fill such vacancy under the preceding provisions of this sub-paragraph within thirty days of his being required to do so or where the Secretary of a political party had been required, before the coming into force of this proviso, to nominate a member of such political party to fill any such vacancy under such provisions and such Secretary fails, within thirty days of the coming into force of this proviso, to nominate a member of such political party to fill such vacancy, then, the Commissioner of Elections shall forthwith so inform the President, who shall, within thirty days of the receipt by him of such information, by Notice published in the Gazette, order the Commissioner of Elections to hold an election for the electoral district in respect of which such vacancy has occurred. The Commissioner of Elections shall thereupon hold an election, in accordance with Part I and Parts IV to VI (both inclusive) of the Ceylon (Parliamentary Elections) Order in Council, 1946, for such electoral district as existed immediately preceding the Constitution and on the basis of such part of the register, prepared under the Registration of Electors Act, No. 44 of 1980, and in operation, as corresponds to such electoral district. The aforesaid parts of the Ceylon. (Parliamentary Elections) Order in Council, 1946, shall, for the purposes of such election and notwithstanding the repeal of such Order in Council, be deemed to be in force and shall, mutatis mutandis, and except as otherwise expressly provided in the Constitution, apply to such election.

The law applicable to election petitions in relation to such electoral district shall be the aforesaid parts of such Order in Council as applied aforesaid and in the event of such election being declared void and no other person is determined to have been duly returned or elected, the election to fill such vacancy shall be held in accordance with the provisions of this proviso ;”.