| PREPARATION AND REVISION OF ELECTORAL LISTS |
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| NOTICE OF PREPARATION OF LISTS |
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Preparation of electoral lists.
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12.
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(1) For the purposes of each general election of the members of the local authority for any electoral area, the elections officer of the district in which’ that area is situated ‘shall, unless the Minister [1] by Order published under section 13 otherwise directs, prepare, in English, and according to the requirements or the area, in Sinhalese or in Tamil or both in Sinhalese and in Tamil, an electoral list for each ward of the area.
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(2) The preparation of the electoral lists for the purposes of a general election shall –
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(a) where the electoral area is a Municipality or a town, commence on the first day of June of the year preceding the year in which the term of office of the members to be elected at the general election is due to commence ; and
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(b) where the electoral area is a village area, commence on the first day of September of the year preceding the year in which the term of office of the members to be elected at the general election is due to commence.
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(3) The elections officer shall, not later than ten days before the date of the commencement of the preparation of the electoral lists, publish a notice of his intention to prepare the lists. The date aforesaid shall be specified in the notice.
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Power to direct that electoral lists should not be prepared.
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13. The Minister [1] may, as respects any general election of the members of a local authority, by Order published in the Gazette, direct that, notwithstanding anything in this Ordinance, no electoral lists shall be prepared, for the purposes of such election. The Minister [1] may, by the same or any subsequent Order, further direct that the electoral lists to be used for the purposes of such election shall be such lists as may be specified in the Order ; and every such Order shall, upon such publication, be as valid and effectual as if it were herein enacted.
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Revision of electoral lists for the time being in force.
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14.
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(1) The electoral lists prepared in any year for the purposes of a general election of any local authority (other than a Village Committee), shall be revised in each of the two succeeding years.
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(2) The revision of the electoral lists shall commence on the first day of June of each year in which the lists are required to be so revised by subsection (1).
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(3) The elections officer shall, not less than ten days before the date of the commencement of the revision of the electoral lists, publish a notice of his intention to revise the lists. The date aforesaid shall be specified in the notice.
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| DUTIES OF ELECTIONS OFFICER IN PREPARATION AND REVISION OF LISTS |
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Duties of elections officer in preparation and revision of electoral lists.
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15.
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(1) In the preparation of electoral lists, an elections officer shall enter in the lists the name of every person who is entitled, under this Ordinance, to have his name so entered.
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(2) In the revision of electoral lists an elections officer shall –
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(a) erase from the lists the name of every person who has died, or who is not or has ceased to be entitled under this Ordinance to have his name entered therein ;
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(b) enter in the lists the name of any person who, not being a person whose name appears in the lists, is entitled as aforesaid to have his name so entered ;
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(c) rectify any error or supply any omission in the particulars relating to any person ;
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(d) make such other alterations in the lists as may appear to the elections officer to be necessary, not being an alteration referred to in any of the preceding paragraphs.
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(3) For the purpose of facilitating the preparation or revision of electoral lists under this Ordinance, the Commissioner of Parliamentary Elections shall cause to be furnished to the Commissioner from time to time all such information as may have been obtained by or on behalf of registering officers as to the places of residence of persons whose names are entered in the parliamentary registers for the time being in operation.
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(4) For the purpose of preparing and revising electoral lists under this Ordinance and of determining whether the name of any person should be entered in or erased from the lists, an elections officer shall have regard to any information furnished to the Commissioner under subsection (3), and may, in addition, make such house to house or other inquiry as he may deem necessary either by himself or through a person authorized by Turn in that behalf.
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For the purpose of such inquiry the elections officer may require any householder or any person owning or occupying any land or premises in his district or the agent of such person to give in such form as may from time to time be provided by the Commissioner any information in the possession of such person or agent which the elections 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.
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(5) Every person who, being in possession of any information required under subsection (4) of this section, fails to give such information to an elections officer or to any person authorized in that behalf by the elections officer, or wilfully gives any false information, 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.
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(6) Every person who is authorized under this section by an elections officer and who wilfully suppresses, or wilfully makes any incorrect representation or communication or record or return of, any information relevant for determining whether the name of any person should or should not be entered in or erased from the electoral lists, after such information has been furnished to or collected by him, 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.
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(7) All officers in the service of the Government other than officers in the Income Tax Department, and all local authorities are hereby authorized and required to furnish to an elections officer all such information as he may require to enable him to prepare or revise electoral lists under this Ordinance.
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| NOTICE OF COMPLETION OF PREPARATION OR REVISION OF LISTS |
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Notice of completion of preparation of electoral lists.
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16. An elections officer shall, on the completion of the preparation or revision of the electoral lists of the wards of any electoral area, publish a notice stating that such preparation or revision has been completed. The lists or copies thereof shall be open for inspection, free of charge, during office hours at the office of the local authority of such area and the notice aforesaid shall contain a statement to the effect that the lists are so open for inspection.
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Claims and objections.
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17.
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(1) Upon the publication of a notice under section 16 in respect of the electoral lists of the wards of any electoral area –
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(a) any person who claims to be entitled, under this Ordinance, to have his name entered in any such list and whose name is not so entered, may apply to have his name entered therein ;
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(b) any person who claims that his name has been entered in the wrong electoral list, may apply to have his name transferred to any other list ;
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(c) any person whose name is entered in any such list and who objects to the name of any other person appearing therein, may apply to have the name of such other person erased therefrom.
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Every application under paragraph (a) or paragraph (b) (hereinafter referred to as a ” claim “) and every application under paragraph (c) (hereinafter referred to as an “objection”) shall be made in writing to the elections officer of the district in which the area is situated not later than fourteen days from the date of the publication of the notice.
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(2) No claim or objection shall be entertained by the elections officer unless it is made within the time specified by subsection (1).
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Publication and hearing of claims and objections.
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18.
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(1) Upon the expiry of a period of fourteen days from the date of the publication of the notice under section 16 in respect of the electoral lists of the wards of any electoral area, the elections officer of the district in which the area is situated shall, if any claim or objection has been duly made in respect of the lists, publish a notice –
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(a) setting out each claim or objection so made;
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(b) indicating that at a time and date specified in such notice he will attend at the office of the local authority 6f the area or at such other place as he may specify in such notice for the purpose of hearing each such claim or objection ; and
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(c) calling upon every claimant and every person who desires to oppose any claimant, every objector and every person in regard to whom an objection has been made, to appear before him at the date and at the time and place so indicated.
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(2)
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(a) The elections officer shall attend on the date, and at the time and place, indicated in the notice and shall decide each claim or objection set out in the notice after such summary inquiry as he may deem necessary, either on that date or within the period of ten days next succeeding that date.
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(b) Before deciding any claim or objection under this section, the elections officer shall give the claimant and every person who desires to oppose the claim or the objector and the person in regard to whom the objection is made, as the case may be, an opportunity of being heard.
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(c) The elections officer shall keep a record in writing of all proceedings taken by him under this section for the purpose of deciding any claim or objection.
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(3) For the purpose of deciding any claim or objection, the elections officer may administer an oath or affirmation, and any person knowingly making any false statement upon such oath or affirmation shall be guilty of an offence and shall be liable to the penalties prescribed by the Penal Code for the offence of giving false evidence in a judicial proceeding.
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(4) The decision of the elections officer under this section on every claim or objection shall, subject to the provisions of sections 20 and 21, be final and conclusive.
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(5) The elections officer shall, after deciding all the claims and objections made in respect of the electoral lists, make such amendments in the lists as he may deem necessary to give effect to any such decision.
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(6) Every person who wilfully makes a false statement or declaration in any claim or objection or at any inquiry held in connexion therewith 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.
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(7) The elections officer shall keep order at any inquiry held under this section into any claim or objection, and shall regulate the number of persons to be admitted at a time, and may exclude all persons, except the claimant and persons who desire to oppose the claim or, as the case may be, the objector and the person in regard to whom the objection is made, the police officers on duty, and other persons officially employed for the purposes of the inquiry.
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(8) If any person misconducts himself at any inquiry held under this section into any claim or objection, or fails to obey the lawful orders of the elections officer, the elections officer may cause him to be removed forthwith from the place at which the inquiry is being held by any police officer or by any other person authorized in writing by the elections officer.
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(9) Any person removed from a place at which an inquiry is being held under this section –
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(a) shall not, except with the permission of the elections officer, be allowed to enter that place again during the inquiry ; and
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(b) may, if he is charged with the commission of any offence in that place, be kept in custody until he can be brought before a Magistrate.
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No person’s name to appear in the electoral list of more than one ward.
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19. No person shall be entitled to have his name entered in the electoral list of more than one ward of any electoral area, and in the event of any person’s name being entered in the electoral list of more than one such ward, the elections officer of the district in which the area is situated may, at any time, by notice in writing served upon such person, call upon him to declare, within seven days from the date of service, the electoral list in which he desires his name to be retained, and in default of such declaration being made, the elections officer may himself determine the electoral list in which the name of such person shall be retained, and may erase the name from the other electoral lists accordingly.
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Appeals from decision of elections officer.
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20.
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(1) If any claimant or objector or person in regard to whom an objection has been made is dissatisfied with the decision of any elections officer on any claim or objection, relating to the electoral lists of the wards of any electoral area, he may, not later than ten days from the date of such decision, appeal therefrom to the Supreme Court on any question of law involved in such decision, but not on any other grounds.
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(2) Every appeal under this section shall be preferred by means of a petition bearing a stamp or stamps to the value of five rupees. The petition of appeal shall be filed with the elections officer, who shall forward it forthwith to the Registrar of the Supreme Court together with the record of the proceedings to which the appeal relates.
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(3) The appellant in his petition shall name a respondent to the appeal, and such respondent shall- (a) if the appellant is a claimant, be the elections officer ;
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(4) The appellant shall, within three days of the filing of the petition with the elections officer, serve a copy of the petition on the respondent either personally or by leaving the copy at the last known place of abode of the respondent and shall, within five days of the service of the copy, file with the Registrar of the Supreme Court an affidavit stating the time, place, and circumstances of such service.
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(5) Every appeal under this section shall be heard and determined by a single Judge at the Supreme Court. No appeal shall lie from an order made by such Judge on any such appeal.
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Order of the Supreme Court.
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21. At the hearing of any appeal duly preferred in respect of any claim or objection under this Ordinance, the Supreme Court shall, after giving the appellant and the respondent or their respective advocates an opportunity of being heard, make such order as to the claim or objection, and as to the payment of the costs of the inquiry, as it thinks just; and such order if it directs the insertion, transfer or erasure of any name in the electoral lists shall forthwith be complied with by the elections officer by whom the lists were prepared or revised.
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Certification of electoral lists.
[ 11, 25 Of 1953.]
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[ [ 11, 25 of 1953.]
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22.
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(1) In the case of each electoral area other than a village area, the electoral lists prepared or revised in any year and amended, where necessary, in accordance with the provisions of section 18 or section 19 or section 21, shall be certified by the elections officer of the district in which the area is situated on or before the seventh day of October of that year.
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(2) In the case of each electoral area which is a village area, the electoral lists, prepared for the purposes of any general election and amended as aforesaid, shall be certified by the elections officer of the district in which the area is situated on or before the seventh day of February of the year in which the general election is due to be held.
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(3) The elections officer may certify the electoral lists under this section during the pendency of any appeal preferred under section 20 in respect of the lists, and shall thereafter, if the order made by the Supreme Court on such appeal so directs, insert, transfer or erase any name in the lists.
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(4) Upon the certification as herein before provided of the electoral lists, the lists or copies thereof shall forthwith be open for inspection, free of charge, during office hours at the office of the local authority of the electoral area to which the lists relate. A notice to the effect that the lists are so open for inspection shall be published by the elections officer, and if any appeals are pending before the Supreme Court in respect of the lists, the notice aforesaid shall include a statement setting out particulars of every such appeal.
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(5) Nothing in this Ordinance shall be deemed to prohibit an elections officer, before certifying any electoral lists, from correcting any clerical error which appears to him to have been made therein.
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Date on which electoral lists come into force.
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23. The electoral lists of the wards of any electoral area, prepared or revised and certified in any year, shall come into force on the date of such certification and, subject to such alterations as may subsequently be made therein in accordance with section 22, such lists shall continue in force until the date on which the lists next prepared, or revised are certified as herein before provided.
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Elections to be held under this Ordinance,
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24. Every general election of the members of a local authority and every by-election of any such member shall be held in the manner hereinafter provided by this Ordinance.
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Date of holding elections.
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25.
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(1) Every general election of the members of a local authority shall –
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(a) where such authority is a Municipal Council or an Urban Council or a Town Council, be held within the period of three months preceding the date on which the term of office of the members who are to be elected is due to commence ; or
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(b) where such authority is a Village Committee, be held within the period of five months preceding the date on which the term of office of the members who are to be elected is due to commence.
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(2) Every by-election of a member of a local authority shall be held on a date not later than six months from the date of the occurrence of the vacancy for the purpose of filling which the by-election is to be held.
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26.
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(1)
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(a) Whenever a general election of the members of a local authority is due to be held in any year, the elections officer of the district in which the electoral area of such authority is situated shall publish a notice of his intention to hold such election. The notice shall state, as respects each ward of the area, the date on which, and the place at which, candidates for election must be nominated. Such date shall-
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(i) where the area is a Municipality or a town, be a date not earlier than fourteen days or later than twenty-one days from the date of the publication of the notice ; or
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(ii) where the area is a village area, be a date not earlier than fourteen days or later than twenty-eight days from the date of the publication of the notice.
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(b) The date of the publication of the notice under paragraph (a) shall –
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(i) where the local authority is a Municipal Council or an Urban Council or a Town Council, be a date not earlier than the eighth day or later than the twenty-first day of October of the year in which the general election is due to be held ; or
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(ii) where the local authority is a Village Committee, be a date not earlier than the eighth day or later than the twenty-first day of February of the year in which the general election is due to be held.
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(2)
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(a) Whenever a by-election of a member of a local authority is due to be held, the elections officer of the district in which the electoral area of such authority is situated shall publish a notice of his intention to hold such election. The notice shall state the ward in
which the election is to be held and the date (being a date not earlier than fourteen days or later than twenty-one days from the date of the publication of the notice) on which, the hour (commencing not earlier than 9 a.m. nor later than 4 p.m.) during which, and the place at which, candidates for election must be nominated.
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(b) The date of the publication of the notice under paragraph (a) shall be such date as may be determined by the elections officer.
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(3) The date specified in any notice published under this section as the date on which candidates for election must be nominated is hereinafter referred to as the ” nomination day “, and the hour so specified as the hour during which candidates for election must be nominated is hereinafter referred to as the ” hour of nomination “, and the place so specified as the place at which such candidates must be nominated is hereinafter referred to as the ” place of nomination “.
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| APPOINTMENT OF RETURNING OFFICERS |
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Appointment of returning officers.
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27.
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(1) For the purposes of every general election of the members of a local authority, the elections officer of the district in which the electoral area of such authority is situated shall appoint a person, by name or by office, to be or to act as the returning officer of each ward of the area for the purposes of the election.
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(2) For the purposes of every by-election of a member of a local authority, the elections officer of the district in which the electoral area of such authority is situated shall appoint a person, by name or by office, to be or to act as the returning officer of the ward in which the election is to be held.
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(3) The elections officer may, under this section, appoint the same person to be or to act as the returning officer of more than one ward of the same electoral area.
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(4) Where any returning officer is, by reason of sickness or other cause, unable to exercise, discharge and perform the powers, functions and duties vested in, assigned to or imposed on him by or under this Ordinance, such returning officer may appoint any other person to act in his place. Every such acting appointment shall, as soon as possible, be reported to the elections officer and may be confirmed or disallowed by the elections officer, but without prejudice to the validity of anything already done by the person so appointed.
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(5) Any elections officer may exercise, discharge and perform, in any ward of any electoral area in his district, the powers, functions and duties vested in, assigned to or imposed on returning officers by or under this Ordinance.
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| NOMINATION PAPERS AND DEPOSITS BY CANDIDATES |
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Nomination papers.
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28.
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(1) Any person who is qualified, under this Ordinance, for election as a member of a local authority may be nominated as a candidate for election for any ward of the electoral area of such authority.
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(2)
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(a) Each candidate for election for any ward shall be nominated by means of a nomination paper or two but not more than two nomination papers, each signed by two persons whose names appear in the electoral list for the time being in force for such ward, as proposer and seconder, respectively.
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(b) No person whose name appears in the electoral list for the time being in force for any ward shall sign as proposer or seconder more than one nomination paper for that ward, and if he does so, his signature shall be operative only in the case of the nomination paper which is first delivered.
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(c) The written consent of the candidate who is nominated by each nomination paper shall be annexed to, or endorsed on, the nomination paper.
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(3) The signatures of the proposer and of the seconder shall be attested by a Justice of the Peace or by a Commissioner for Oaths or by a notary public.
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(4) Every nomination paper shall be substantially in the form set out in the First Schedule.
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(5) The returning officer of a ward shall, on application made at any date after the publication of the notice under section 26 and before the expiry of the hour of nomination on the nomination day appointed for that ward, supply free of charge a nomination paper in the prescribed form to any person whose name appears in the electoral list for the time being in force for that ward ; but nothing in this Ordinance shall be deemed to preclude the use of any form of nomination paper not supplied by the returning officer, so long as such form does not differ substantially from the form set out in the First Schedule.
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Deposits by candidates.
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29.
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(1)
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(a) Each candidate for election for any ward of an electoral area or someone on his behalf shall, between the publication of the notice under section 26 in respect of the election and 1 p.m. on the day immediately preceding the nomination day appointed for that ward, make a deposit with the returning officer of that ward.
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(b) Where the day immediately preceding the nomination day for a ward is a Sunday or a public holiday the deposit required by paragraph (a) shall be made before 1 p.m. on the day (not being a public holiday or Sunday) immediately preceding such Sunday or public holiday.
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(c) The deposit required by paragraph (a) shall-
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(i) where the electoral area is a Municipality, be a sum of two hundred and fifty rupees ;
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(ii) where such area is a town, be a sum of one hundred rupees ;
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(iii) where such area is a village area, be a sum of ten rupees.
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(2) No deposit made by or on behalf of a candidate under this section shall be accepted by the returning officer unless it is made within the time-limit prescribed by subsection (1).
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(3) Where a deposit under this section is accepted by the returning officer, such officer shall forthwith issue to the person by whom the deposit is made a receipt in writing, signed by such officer, acknowledging his acceptance of such deposit. The receipt shall state-
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(a) the name of the candidate by or on whose behalf the deposit was made ; and where the deposit is made on his behalf by any other person acting otherwise than as an agent or servant for the purpose of making such deposit, the name of such other person ;
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(b) the amount of the deposit; and
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(c) the time and date of the deposit.
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Disposal of deposits.
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30.
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(1) Every deposit made with a returning officer under section 29 shall forthwith be credited by such officer to a deposit account and shall be disposed of according to the provisions of the subsections next following.
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(2) Where the person, in respect of whose candidature a deposit has been made, is not nominated as a candidate for election or withdraws or is deemed to have withdrawn from his candidature under section 34, the deposit shall –
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(a) if it was made by him, be returned to him ; or
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(b) if it was made on his behalf by any other person acting otherwise than as an agent or servant for the purpose of making the deposit, be returned to such other person.
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(3) Where the person, in respect of whose candidature a deposit has been made, dies before the polling commences, the deposit shall –
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(a) if it was made by him, be returned to his legal personal representative ; or
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(b) if it was made on his behalf by any other person acting otherwise than as an agent or servant for the purpose of making the deposit, be returned to such other person.
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(4) Where the person, in respect of whose candidature a deposit has been made, is not elected, in every case where the number of votes polled by him does not exceed one-eighth of the total number of votes polled at that election, the deposit shall be declared forfeit and shall be transferred by the returning officer with whom it was made from the deposit account to the general revenue of Ceylon, and in every other case the deposit shall be returned to such person as soon as may be after the result of the election is declared.
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(5) Where a person, in respect of whose candidature a deposit has been made, is elected, the deposit shall be returned to him as soon as may be after he assumes office as a member.
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(6) For the purposes of this section, the number of votes polled at any election shall be deemed to be the number of votes actually counted and shall not include any votes rejected as void.
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| PROCEEDINGS ON NOMINATION DAY |
Delivery of nomination papers.
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31.
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(1) On the nomination day appointed for any ward, the returning officer of that ward shall attend at the place of nomination during the hour of nomination to receive the nomination papers of the candidates for election for that ward.
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(2) Every nomination paper of a candidate must be delivered to the returning officer together with a true copy thereof on nomination day at the place of nomination during the hour of nomination, by the candidate or by his proposer or seconder. The receipt referred to in section 29 (3) shall be attached to the first nomination paper so delivered, and if such receipt is not so attached, such candidate shall be deemed to have withdrawn from his candidature under section 34. Every nomination paper delivered otherwise than in accordance with this subsection shall be rejected by the returning officer.
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(3) The returning officer shall forthwith, upon accepting a nomination paper, cause a copy thereof to be posted outside the place of nomination.
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(4) The returning officer shall permit each candidate and his proposers and seconders and, it the candidate so desires, one other person appointed by the candidate in writing, to be present on nomination day at the place of nomination during the hour of nomination and the half-hour immediately succeeding the hour of nomination and to examine there and during the said period the nomination papers delivered by or on behalf of the other candidates.
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Objections to nomination papers.
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32.
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(1) Objection may be lodged against a nomination paper of a candidate for election for any ward of an electoral area on all or any of the following grounds but on no other ground : –
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(a) that the description of the candidate is insufficient to identify the candidate;
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(b) that the nomination paper does not comply with or was not delivered in accordance with the provisions of this Ordinance ;
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(c) that it is apparent from the contents of the nomination paper that the candidate is not qualified to be elected ;
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(d) that the provisions of section 29 relating to deposits have not been duly observed.
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(2) No objection to a nomination paper of a candidate shall be entertained by the returning officer unless it is lodged during the hour of nomination and the half-hour immediately succeeding the hour of nomination on nomination day.
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(3) Every objection to a nomination paper of a candidate shall be in writing signed by the objector and shall specify the ground of the objection.
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(4) The returning officer may make a record of and deal with any objection which he may himself find it necessary to take against a nomination paper of a candidate.
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(5) The returning officer shall, with the least possible delay, decide on the validity of every objection to a nomination paper of a candidate and inform the candidate of his decision, and, where the objection is upheld, of the grounds of his decision. The decision of the returning officer shall be final and conclusive.
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Who may be present at nominations.
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33. Except for the purpose of assisting the returning Officer of any ward, no persons other than the persons specified in subsection (4) of section 31 shall be permitted by the returning officer or be entitled to be present at the proceedings specified in sections 31 and 32.
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Withdrawal of candidates.
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34.
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(1) Before the expiry of the hour of nomination on the nomination day appointed for any ward, but not afterwards, a candidate for election for that ward, who has delivered or has caused to be delivered any nomination paper or papers, may withdraw his candidature by giving notice to that effect signed by him to the returning officer of that ward.
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(2) The returning officer shall forthwith cause notice of such withdrawal to be posted up in a conspicuous position outside the place of nomination.
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Procedure where no candidate is nominated on nomination day.
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35.
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(1) Where in the case of any ward of an electoral area the returning officer finds that no candidate stands duly nominated for election, by reason –
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(a) that at the expiry of the hour of nomination on the nomination day appointed for that ward, no nomination paper has been duly delivered by or on behalf of any candidate or that the candidate or each of the candidates by or on whose behalf any nomination paper has been duly delivered has withdrawn or is deemed to have withdrawn his candidature as herein before provided ; or
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(b) that the objection or any of the objections taken against the nomination paper or each nomination paper that has been duly delivered has been upheld by the returning officer,
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the returning officer shall forthwith report to the elections officer of the district in which the area is situated the fact that no candidate has been duly nominated for that ward, and the elections officer shall, not later than seven days after the receipt of such report, publish a notice prescribing a date, not being a date less than fourteen days or more than twenty-one days from the date of the publication of the notice, as the second nomination day on which a further opportunity will be afforded for the nomination of candidates for election for that ward, and the hour during which and the place at which such nomination must be made ; and all the provisions of this Ordinance, except the provisions of paragraph (b) of section 26 (1), shall thereupon apply as though such second nomination day were the nomination day referred to in section 26 (3) and as though the hour specified in the notice published under this subsection was the hour of nomination referred to in section 26 (3) and as though the place prescribed in such notice was the place of nomination referred to in section 26 (3).
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(2) If for any reason set out in subsection (1), on the second nomination day appointed for any ward of an electoral area no candidate stands duly nominated for election, the returning officer shall forthwith report the fact through the elections officer to the Commissioner, and upon the receipt of such report, the Commissioner shall cause a notice to be published in the Gazette, and in such other manner as may appear to him to be best calculated to give publicity thereto, to the effect that no candidate stands duly nominated for such ward on the second nomination day.
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(3) From the date of the publication of a notice under subsection (2) in respect of any ward of an electoral area, no further steps shall be taken under this Ordinance, for the nomination of a candidate or for the election of a member for that ward and the vacant seat or office shall therefore remain unfilled until the next general election of members of the local authority concerned :
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Provided, however, that it shall be lawful for the Minister [1] to nominate any person, who is eligible under this Ordinance for election as a member of that authority, to fill up the vacant seat or office ; and the person so nominated shall be deemed, for all purposes, to be a member under the provisions of this Ordinance.
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Uncontested elections.
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36. Where in the case of any ward of an electoral area not more than one candidate has been duly nominated for election, or after the withdrawal of any other candidate or candidates or after the disposal of any objection or objections taken against any other candidate or candidates, not more than one candidate stands duly nominated for election, the returning officer of that ward shall forthwith declare such candidate to be elected and shall report the result of the election through the elections officer of the district in which the area is situated to the Commissioner, and upon the receipt of the report, the Commissioner shall forthwith cause a notice of the result to be published in the Gazette and in such other manner as may appear to him to be best calculated to give publicity thereto.
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37.
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(1) If at the expiry of the hour of nomination on the nomination day appointed for any ward of an electoral area and after the decision of all objections which have been or may be lodged, more than one candidate stands duly nominated for that ward, the returning officer of that ward shall forthwith allot to each candidate a distinctive symbol which will be set out against his name in the ballot papers to be used at the poll. The distinctive symbol of each candidate shall, in the absence of agreement among the candidates at the time of nomination, be determined by lot, cast or drawn in such manner as the returning officer may in his discretion decide. No symbol whether determined by agreement or by lot, shall be allotted to any candidate unless it appears in a list of symbols approved by the Minister [1] and published in the Gazette.
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(2) After the allocation of symbols to the candidates the returning officer shall forthwith –
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(a) adjourn such election to enable a poll to be taken in accordance with the provisions hereinafter set out ;
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(b) report to the elections officer of the district in which the electoral area is situated that the election is contested ; and
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(c) send to such elections officer copies of the nomination papers of the candidates who stand duly nominated and a statement of the distinctive symbols allotted to such candidates.
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Notice of poll.
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38. Upon the receipt of a report under section 37 in respect of any ward of an electoral area, the elections officer of the district in which the area is situated shall forthwith publish a notice specifying-
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(a) the ward in which the election is contested ;
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(b) the names of the candidates as set out in their respective nomination papers and the names of their proposers and seconders ;
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(c) the distinctive symbols allotted to such candidates ;
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(d) the date on which a poll will be taken, such date being not less than fourteen days nor more than twenty-eight days from the date of the publication of the notice ;
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(e)
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(i) the situation of each of the polling stations that will be provided for the purposes of the election ;
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(ii) the groups of voters for whom each such polling station will be set apart, such group being specified either by reference to the area in which such voters reside or to the numbers assigned to them in the electoral lists ; and
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(iii) the particular polling stations, if any, set apart for female voters or any specified class or group of female voters.
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Death of candidate after nomination.
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39. In the event of the death of a candidate for election for any ward of an electoral area between the adjournment of the election for the purposes of the poll and the commencement of the poll, the elections officer of the district in which the area is situated shall, upon being satisfied of the fact of such death, publish a notice countermanding the poll, and shall publish a fresh notice under section 26 for the purposes of the election. In such case, all proceedings with reference to the election shall be commenced afresh under this Ordinance, 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.
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Appointment of presiding officers.
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40.
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(1) For the purposes of each election for any ward, the returning officer of that ward shall appoint one or more persons (hereinafter referred to as ” presiding officers “) to preside at each polling station in his ward. Where more than one presiding officer is appointed to any one polling station, the returning officer shall declare which one of them is to be the senior presiding officer, and the senior presiding officer shall exercise general supervision over other presiding officers, and over all arrangements for the conduct of the poll in that election.
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(2) Where any presiding officer is, by sickness or other cause, prevented from performing any of his duties under this Ordinance at any election, and there is no 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 confirmed or disallowed by the returning officer, but without prejudice to the validity of anything already done by such deputy.
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(3) The returning officer may, if he thinks fit, preside at any polling station in his ward, and the provisions of this Ordinance relating to a presiding officer shall apply to such returning officer with the necessary modifications as to the things to be done by the returning officer in regard to the presiding officer or by the presiding officer in regard to the returning officer.
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General conduct of poll.
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41. The poll at every election for any ward of an electoral area shall be conducted in the manner hereinafter provided, and shall –
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(a) where such area is a Municipality, or a town, open at 8 a.m. on the day appointed for the purpose by notice under section 38 and shall close at 5.30 p.m. on that day ; and
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(b) where such area is a village area, open and close at such times on the day aforesaid as the elections officer of the district in which the area is situated may appoint for the purpose by notice published in the area.
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Votes to be given by ballot.
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42. The votes at every election for any ward shall be given by ballot. The ballot of each voter shall consist of a ballot paper in the form and containing the particulars hereinafter prescribed.
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Electoral list to be conclusive evidence of right to vote.
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43. The electoral list for the time being in force for any ward shall be conclusive evidence for the purpose of determining whether or not a person is entitled to vote at any election for that ward, and the right of voting of any person whose name is contained in such list shall not be prejudiced by any appeal pending before the Supreme Court under this Ordinance in respect of the inclusion of such person’s name in the list, and any vote given by any such person during the pendency of any such appeal shall be as valid as though no such appeal were pending and shall not be affected by the subsequent decision of the appeal :
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Provided that if any person, who by reason of his conviction of a corrupt practice or an illegal practice or by reason of the report of an Election Judge or by reason of his conviction of an offence under section 52 or section 53 of the Ceylon (Parliamentary Elections) Order in Council, 1946, or by reason of the operation of section 4a of “that Order, is incapable of voting at any election under that Order, votes at any election under this Ordinance, 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 period not exceeding six months ; and Provided further that nothing in this section shall affect the liability of any person to any penalty for a contravention of any of the provisions of section 82 relating to plural voting.
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Supply of ballot boxes, &c.
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44. For the purposes of each election for any ward, the returning officer of that ward shall –
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(a) appoint such officers and servants as may be necessary for taking the poll and counting the votes ;
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(b) furnish each polling station in that ward with such number of compartments as may be necessary to accommodate a reasonable number of voters at any one time and to ensure that the voters are screened from observation when they mark their ballot papers ;
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(c) furnish each presiding officer with such number of ballot boxes and ballot papers as in the opinion of the returning officer may be necessary for the number of voters assigned to that polling station ;
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(d) provide each polling station with materials to enable voters to mark the ballot papers, with instruments for stamping thereon the official mark, and with copies of the electoral list, for the time being in force for that ward or that part of the list which contains the names of voters who are assigned to that polling station ;
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(e) do such other acts and things as may be necessary for effectually conducting the election in the manner provided by this Ordinance.
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Notices to be exhibited at polling stations.
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45.
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(1) During the taking of the poll, the presiding, officer of every polling station shall cause to be exhibited –
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(a) outside the polling station and in every compartment thereof, a notice, substantially in the form set out in the Second Schedule, giving directions for the guidance of voters ; and
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(b) outside the polling station, a notice, specifying the names and the distinctive symbols of the several candidates.
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(2) Every notice under this section shall be in English, Sinhalese and Tamil.
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Ballot boxes.
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46. Every ballot box shall be so constructed that the ballot papers can be put therein, but cannot be withdrawn therefrom, without the box being unlocked.
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Ballot papers.
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47. Every ballot paper shall be substantially in the form set out in the Third Schedule, and-
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(a) shall contain a list of the candidates in English, Sinhalese and Tamil, described subject to the provisions of section 71, 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 ;
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(b) shall set out in addition, against the name of each candidate, the distinctive symbol allotted to him ;
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(c) shall be capable of being folded up ;
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(d) shall have a number printed on the back ; and
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(e) shall have attached a counterfoil with the same number printed on the face.
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Official mark.
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48.
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(1) The official mark shall be kept secret.
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(2) The official mark used at any election under this Ordinance shall not be used at any other election for the same electoral area until an interval of seven years has elapsed.
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Appointment of polling agents.
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49.
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(1) Each candidate for election for any ward may appoint not more than two agents (hereinafter referred to as ” polling agents “) to represent him at each polling station during the taking of the poll. Notice in writing of every such appointment, stating the names and addresses of the persons appointed, shall be given by the candidate to the returning officer of that ward at least two days before the opening of the poll.
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(2) If a polling agent appointed by a candidate dies, or becomes incapable of acting, the candidate may appoint another polling agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the polling agent so appointed.
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(3)
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(a) No person who-
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(i) holds office for the time being as a member of any local authority ; or
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(ii) is an officer or servant of such authority,
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shall be eligible to be appointed or to act as the polling agent of any candidate for election for any ward of the electoral area of such authority :
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Provided, however, that any person holding office for the time being as a member of such authority may act as his own polling agent at any election at which he is a candidate.
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(b) No male person shall be eligible to be appointed or to act as the polling agent of a candidate at any polling station which is set apart for female voters.
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(4) Any polling agent who has been duly appointed, and in respect of whom the notice required by this section has been given, may, during the hours of the poll, attend at the polling station to which he has been appointed.
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Admission to polling station.
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50.
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(1) No person shall be admitted to vote at any polling station other than the polling station set apart for the group of voters to which he belongs :
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Provided, however, that where a voter for any ward is employed as a presiding officer or as a police officer, or in any other official capacity at a polling station, and it is inconvenient to him to vote at the polling station set apart for the group of voters to which he belongs, the returning officer of that ward may, by a certificate under subsection (2), authorize the voter to vote at any other polling station in such ward, and that polling station shall, for the purposes of this section, be deemed to be the polling station at which he is entitled to vote.
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(2) The certificate shall be given under the hand of the returning officer, and shall state the name of the voter, his number, and description on the electoral list, and the fact that he is employed as aforesaid.
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(3) 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 police officers on duty, and other persons officially employed at the polling station.
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(4) If any person misconducts himself in the polling station, or fails to obey the lawful orders of the presiding officer, the presiding officer may cause him to be removed forthwith from the polling station by any police officer or by any other person authorized in writing by the presiding officer or by the returning officer.
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(5) Any person removed from a polling station under subsection (4) –
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(a) shall not, except with the permission of the presiding officer, be allowed to enter the polling station again during the hours of the poll ; and
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(b) may, if he is changed with the commission of any offence in that station, be kept in custody until he can be brought before a Magistrate :
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Provided that the powers conferred by this subsection shall not be exercised so as to prevent any voter who is otherwise entitled to vote at any polling station from having an opportunity of voting at such station.
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Sealing of ballot boxes.
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51. Immediately before the commencement of the poll, the presiding officer shall show the ballot box empty to such persons as may be present at the polling 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 its being opened except by breaking the seal, shall place it in his, view for the receipt of ballot papers, and shall keep it so locked and sealed.
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Power to require voter to make declarations.
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52.
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(1) The presiding officer at any polling station may, and if requested so to do by a candidate or his polling agent, shall, require any voter, at the time he applies for a ballot paper but not afterwards, to make and subscribe all or any of the following declarations (which shall be exempt from stamp duty), namely : –
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First.-“I, (name in full) of (address), hereby declare that I am the same person whose name appears as A.B. on the electoral list now in force for this ward.”
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(Signature or mark of voter).
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Declared before me this ………………… day of …………… 19 …………..
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(Signature of Presiding Officer).
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Second.-“I, (name in full) of (address), hereby declare that I have not voted either here or elsewhere at this election for the election of a member for this ward. ”
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(Signature or mark of voter).
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Declared before me this ………….. day of ………….., 19 ……………
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(Signature of Presiding Officer) and,
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Third.-When the election is a general election ” I, (name in full) of (address), hereby declare that I have not already voted at this general election in any other ward.
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” (Signature or mark of voter).
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Declared before me this …………………….. day of ………………… 19 ……………..
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(Signature of Presiding Officer).
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(2)
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(a) If any person refuses to make any such declaration, the presiding officer may refuse to give him a ballot paper.
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(b) If any person wilfully makes a false statement in any such declaration, he shall be guilty of an offence and shall be liable upon conviction after summary trial by a Magistrate to a fine not exceeding five hundred rupees or to imprisonment of either description for any term not exceeding six months.
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(3) Where a ballot paper is to be issued to any voter –
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(a) the ballot paper shall be either stamped, embossed or perforated with the official mark ;
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(b) the number, name, and description of the voter as stated in the copy of the electoral list shall be called out ;
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(c) the number of the voter shall be marked on the counterfoil, and the ballot paper detached therefrom ; and
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(d) a mark shall be placed in the list against the number of the voter to denote that he has received a ballot paper, but without showing the particular ballot paper he has received.
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Manner of voting.
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53. The voter, on receiving the ballot paper, shall forthwith proceed into the compartment to which he is directed by the presiding officer or any person acting under that officer’s authority and there secretly mark the ballot paper as near as may be in accordance with the directions given for the guidance of voters under this Ordinance and fold up the ballot paper so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the official mark, and put the ballot paper, so folded up, into the ballot box in the presence of the presiding officer.
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Assistance to voters to enable them to vote.
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54.
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(1) The presiding officer, or any person authorized by the presiding officer, may, if he thinks fit on the application of any voter, explain to the voter, within sight and hearing of the candidates or the polling agents of the candidates, if present, the method of voting specified in the directions under section 45, 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.
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(2) The presiding officer, on the application of any voter who is incapacitated by blindness or other physical cause from voting in accordance with the directions under section 45, shall mark the ballot paper of such voter in the manner directed by the voter and shall cause such ballot paper to be placed in the ballot box.
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Voting by-proxy forbidden.
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55. No voter shall be entitled to vote by proxy at any election for any ward.
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Tendered ballot papers.
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56. If a person, representing himself to be a particular voter named on the electoral list, applies for a ballot paper after another person has voted as such voter, the applicant shall, on making and subscribing the first declaration set out in section 52 (1), be entitled to receive and to mark a ballot paper in the same manner as any other voter, but the ballot paper (hereinafter referred to as ” a tendered ballot paper “) shall be of a colour differing from the other ballot papers, and instead of being put into the ballot box shall be given to the presiding officer and endorsed by him with the name of the voter and his number in the electoral list. The name of the voter and his number on the list shall be entered in a list to be known as ” the tendered votes list “. The tendered ballot papers shall be set aside in a separate packet and shall not be counted by the returning officer.
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Spoilt ballot papers.
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57. A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (hereinafter referred to as ” a spoilt ballot paper “), and the spoilt ballot paper shall be immediately cancelled.
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Closure of poll.
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58. No ballot paper shall be delivered to a voter after the hour fixed for the closing of the poll. But if at the hour aforesaid there is in any polling station any voter to whom a ballot paper has been delivered, such voter shall be allowed to record his vote.
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Procedure on closure of poll.
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59.
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(1) As soon as practicable after the close of the poll, the presiding officer of each polling station shall, in the presence of the polling agents of the candidates, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals –
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(a) each ballot box used at that station together with the key of the box, each such box remaining locked as it was at the time of the opening of the poll and being sealed after the closure of the poll so as to prevent the introduction of any ballot papers thereafter ;
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(b) the unused and spoilt ballot papers, placed together ;
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(c) the tendered ballot papers ;
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(d) the marked copies of the electoral list and the counterfoils of the ballot papers ;
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(e) the tendered votes list, and shall deliver the packets to the returning officer of the ward in which the poll was held.
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(2) The packets shall be accompanied by a statement (hereinafter referred to as ” the ballot paper account “) made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads of –
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(a) ballot papers in the ballot box ;
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(b) unused and spoilt ballot papers ;
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(c) tendered ballot papers.
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Appointment of counting agents.
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60.
|
(1) Each candidate at any election for any ward may appoint one agent (hereinafter referred to as a ” counting agent “) to attend at the counting of the votes at such election. Notice in writing of such appointment, stating the name and address of the person appointed, shall be given by such candidate to the returning officer two clear days at least before the opening of the poll at such election. The returning officer may refuse to admit to the place where the votes are counted any counting agent whose name and address have not been so given, notwithstanding that his appointment may be otherwise valid, and any notice required to be given to a counting agent by the returning officer may be sent by post to, or delivered at, the address stated in the notice.
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(2) If a counting agent dies, or becomes incapable of acting, the candidate may appoint another counting agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the counting agent so appointed.
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Notice of the counting of the votes
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61. The returning officer shall make arrangements for counting the votes in the presence of the counting agents as soon as possible after the close of the poll, and shall give to the agents notice in writing of the time and place at which the count of the votes will be commenced.
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The count.
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62.
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(1) Except with the consent of the returning officer, no person other than the returning officer, the persons appointed to assist him, and the candidates and their counting agents may be present at the counting of the votes.
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(2) Before the returning officer proceeds to count the votes, he shall, in the presence of the counting agents, open each ballot box and, taking out the ballot papers therein, shall count and record the number thereof, and then mix together the whole of the papers contained in the ballot boxes.
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(3) The returning officer, while counting and recording the number of ballot papers and 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 back of the papers.
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void ballot papers.
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63.
|
(1) Any ballot paper-
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(a) which does not bear the official mark; or
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(b) on which votes are given for more than one candidate ; or
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(c) on which anything is written or marked by which the voter can be identified except the printed number on the back; or
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(d) which is unmarked or void for uncertainty, shall be rejected by the returning officer. The returning officer shall endorse the word “rejected” on any such ballot paper.
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(2) Where the returning officer is satisfied that any mark made on a ballot paper clearly indicates the intention of the voter to give his vote and the candidate for whom he gives his vote, the returning officer shall not reject the ballot paper under subsection (1) 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 the provisions of this Ordinance.
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(3) The returning officer shall not count any ballot paper which is rejected by him under subsection (1).
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(4) The returning officer shall draw up a statement showing the number of ballot papers rejected, under the several heads of –
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(a) rejected for want of official mark ;
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(b) rejected for voting for more than one candidate ;
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(c) rejected for bearing writing or mark by which the voter could be identified ;
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(d) rejected as unmarked or wholly void for uncertainty ; and shall, on request, allow any counting agent to copy the statement.
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(5) The decision of the returning officer as to any question arising in respect of any ballot paper shall be final and conclusive.
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Equality of votes.
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64. Where an equality of votes is found to exist between any candidates for election for any ward, and the addition of a vote would entitle any of the candidates to be 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.
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Declaration of result.
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65. When the result of the poll has been ascertained, the returning officer of the ward in which the poll was taken shall forthwith,, declare to be elected the candidate to whom the greatest number of votes has been given :
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Provided that upon the application of any candidate or his agent a recount shall be made before the returning officer makes the declaration.
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Publication of result.
|
66.
|
(1) Upon the declaration of the result of any election for any ward of an electoral area, the returning officer of that ward shall-
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(a) publish a notice specifying the name of the candidate elected ; and
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(b) report the result through the elections officer of the district in which the area is situated to the Commissioner.
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(2) The Commissioner shall forthwith, upon the receipt of the report of the result, cause the name of the candidate elected to be published in the Gazette.
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Disposal of ballot papers, &c, after poll.
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67.
|
(1) Upon the completion of the counting at any election for any ward of an electoral area, the returning officer of that ward shall seal up in separate packets the counted and rejected ballot papers. He shall not open the sealed packets containing the marked copies of the electoral list and counterfoils but shall proceed, in the presence of the counting agents, to verify the ballot paper account given by each presiding officer by comparing it with the number of ballot papers recorded by him under section 62 (2), and the unused and spoilt ballot papers in his possession and the tendered votes list, and where he has opened any such packet shall reseal such packet after examination. The returning officer shall draw up a statement as to the result of the verification and shall, on request, allow any-counting agent to take copies of the statement.
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(2) The returning officer shall forward to the elections officer of the district in which the electoral area is situated all the packets of ballot papers in his possession, together with the said statements, the ballot paper accounts, tendered votes lists, packets of counterfoils, and the marked copies of electoral lists, sent by each presiding officer, endorsing on each packet a description of its contents and the date of the election to which they relate, and the name of the ward in which the election was held.
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(3) The elections officer shall retain the packets of ballot papers and all documents forwarded to him for a period of six months reckoned from the date of the receipt thereof and shall thereafter cause the said packets and documents to be destroyed.
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|
(4) No person shall be entitled or be permitted by the elections officer to inspect any packet of ballot papers or documents referred to in subsection (3) while it is in the custody of such officer:
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Provided, however, that nothing in the preceding provisions of this subsection shall be construed or deemed to debar any competent court from ordering the production of, or from inspecting, or from authorizing the inspection of, any such packet or document at any time within the period of six months specified in that subsection.
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Appointment of counting officers.
|
68.
|
(1) The returning officer may appoint any presiding officer of a polling station for any ward to count the votes for that ward and a presiding officer so appointed to count the votes is hereinafter referred to as a ” counting officer “.
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|
(2) Where a counting officer is appointed under subsection (1), the sections of this Ordinance which are specified in the first column of the Sixth Schedule to this Ordinance shall have effect subject to the additions, amendments and modifications set out respectively in the corresponding entries in the second column of that Schedule.
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| GENERAL PROVISIONS AS TO ELECTIONS |
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Non-compliance with provisions of this Part.
|
69. No election shall be invalid by reason of any failure to comply with the provisions of this Part of this Ordinance 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.
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Use of schools as polling stations.
|
70.
|
(1) A 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 Parliament.[1]
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(2) A returning officer shall make good any damage done to and defray any expenses 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.
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71. Immediately before the adjournment of any election on nomination day to enable a poll to be taken, any candidate may, by writing under his hand, indicate to the returning officer which of his names mentioned in the nomination paper he desires should be omitted and which should be specified by initial only ; and for the purposes of the election the names which the candidate desires to omit may be omitted and an initial may be used in place of each name which he desires should be specified by initial.
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Presiding officer may act through officers appointed to assist him.
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72. The presiding officer of a polling station may do, by the officers appointed to assist him, any act which he is required or authorized by this Part of this Ordinance to do at that polling station except ordering the arrest, exclusion, or removal of any person from the station.
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Candidate may act as his own agent or assist his agent.
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73. A candidate for election at any election under this Ordinance may himself do any act or thing which an agent of his, if appointed, would have been required or authorized to do, or may assist his agent in doing any such act or thing, but before acting under this section the candidate shall make the declaration hereinafter required to be made by an agent
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Non-attendance of the agents of candidates.
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74. Where in this Part of this Ordinance any act or thing is required or authorized to be done in the presence of the agents of the candidates at any election under this Ordinance, the non-attendance of any agent or agents at the time and the place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
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Prohibition of disclosure of vote.
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75. No person who has voted at any election under this Ordinance shall, in any legal proceeding to question the election, be required to state for whom he has voted.
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Maintenance of secrecy at elections.
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76.
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(1) Every returning officer, and every officer, polling agent or counting agent, authorized to attend at a polling station or at the counting of the votes at any election under this Ordinance, shall, before the opening of the poll at such election, or in the case of an agent appointed after the opening of the poll, before acting as such agent, make a declaration of secrecy substantially in the form set out in the Fourth Schedule. In the case of a returning officer the declaration shall be made in the presence of a Justice of the Peace, and in the case of any other officer or of an agent, the declaration shall be made either in the presence of a Justice of the Peace or of the returning officer or presiding officer.
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(2) Every returning officer, and every officer, polling agent or counting agent in attendance at a polling station or at the counting of the votes at any election under this Ordinance shall maintain and aid in maintaining the secrecy of the voting.
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(3) No person, being an officer or agent referred to in subsection (1), shall –
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(a) except for some purpose authorized by law, communicate, before the poll at any election under this Ordinance is closed, to any person any information as to –
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(i) the name or number on the electoral list of any voter who has or has not applied for a ballot paper or voted at a polling station ; or
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(ii) the official mark ; or
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(b) ascertain or attempt to ascertain at the counting of the votes at such election, the number on the back of any ballot paper ; or
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(c) communicate any information obtained at such counting, as to the candidate for whom any vote is given on any particular ballot paper.
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(4) No person, whether or not such person is an officer or agent referred to in subsection (1), shall-
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(a) interfere with or Attempt to interfere with a voter when recording his vote at any election under this
Ordinance ; or
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(b) otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom a voter in that station is about to vote or has voted at such election ; or
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(c) communicate at any time to any person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted at such election, or as to the number on the back of the ballot paper given to a voter at that station ; or
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(d) directly or indirectly induce a voter at such. election to display his ballot paper after he has marked it so as to make known to any person the name of the candidate for or against whom he has so marked his vote.
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(5) No person, except a presiding officer of a polling station acting for a purpose authorized by this Ordinance, or a person authorized by the presiding officer and acting for such purpose as aforesaid, shall communicate with any voter at any election under this Ordinance after such voter shall have received the ballot paper and before he shall have placed the same in a ballot box.
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| OFFENCES RELATING TO ELECTIONS |
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Contravention of provisions regarding secrecy.
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77. Every person who contravenes any of the provisions of section 76 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 any term not exceeding six months, or to both such fine and such imprisonment.
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Offences in respect of nomination papers, ballot papers, &c.
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78.
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(1) Every person who –
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(a) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to a returning officer any nomination paper knowing the same to be forged ; or
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(b) forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper ; or
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(c) without due authority supplies any ballot paper to any person ; or
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(d) sells or offers to sell any ballot paper to any person or purchases or offers to purchase any ballot paper from any person ; or
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(e) not being a person entitled under this Ordinance to be in possession of any ballot paper which has been marked with the official mark in accordance with the provisions of section 52, has any such ballot paper in his possession ; or
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(f) puts into any ballot box anything other than the ballot paper which he is authorized to put into that ballot box under this Ordinance ; or
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(g) without due authority takes out of a polling station any ballot paper ; or
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(h) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers in use or intended to be used for the purposes of any election under this Ordinance ; or
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(i) without due authority prints any ballot paper or what purports to be or is capable of being used as a ballot paper at such election ; or
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(j) manufactures, constructs, imports into Ceylon, has in his possession, supplies or uses for the purposes of such election, or causes to be manufactured, constructed, imported into Ceylon, supplied or used for the purposes of such election, any appliance, device or mechanism by which a ballot paper may be extracted, affected or manipulated after having been deposited in a ballot box,
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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 any term not exceeding six months or to both such fine and such imprisonment.
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(2) Every person who aids or abets or attempts to commit an offence specified in this section shall be liable to the punishment provided for the offence.
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(3) In any prosecution for an offence in relation to the nomination papers, ballot papers, ballot boxes, and marking instruments at any election under this Ordinance, the property in such papers, boxes and instruments may be stated to be in the returning officer at such election as well as the property in the counterfoils.
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Giving or receiving gratification.
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79.
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(1) Whoever being qualified to vote, or claiming to be qualified to vote at any election under this Ordinance, accepts or obtains, or agrees to accept or attempts to obtain for himself or for any other person any gratification whatsoever as an inducement or reward for giving or forbearing to give his vote at such election, 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 any term not exceeding six months or to both such fine and imprisonment.
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(2) Whoever gives or offers to give any gratification whatsoever to any person as an inducement or reward for giving or forbearing to give his vote in favour of any person at any election under this Ordinance, 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 any term not exceeding six months or to both such fine and such imprisonment.
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Personation.
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80. Any person who, at any election under this Ordinance applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or, who having voted once at such election, applies at the same election for a ballot paper in his own name, shall be guilty of the offence of personation, which shall be a cognizable offence within the meaning of the Criminal Procedure Code and shall, on conviction after summary trial before a Magistrate, be liable to rigorous imprisonment for a term not exceeding one year or to a fine of not less than two hundred and fifty rupees and not more than one thousand rupees or to both such imprisonment and such fine.
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Undue influence.
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81. Every person who directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting at any election under this Ordinance or on account of such person having voted or refrained from voting at such election, or who by abduction, duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any voter, or thereby compels, induces, or prevails upon any voter either to give or refrain from giving his vote at such election, shall be guilty of the offence of undue influence 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 or to both such fine and imprisonment.
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Plural voting.
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82. If any person at any general election under this Ordinance votes in more than one ward of any electoral area or asks for a ballot paper for the purposes of so voting, such person 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.
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Incapacity for offences at elections.
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83. Any person who is convicted of an offence under the provisions of any of the following sections of this Ordinance, namely, sections 77 to 82 (both inclusive), shall, in addition to any other penalty to which he may be liable for that offence, be disqualified for a period of five years reckoned from the date of such conviction, from being elected or from sitting or voting, as a member of any local authority.
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