LOCAL AUTHORITIES ELECTIONS

(1)

(2) There may also be appointed such clerical and minor staff as may be necessary to assist the aforesaid officers in the performance of their duties under this Ordinance.

(3) Every person appointed under the preceding provisions of this section shall be deemed for all purposes to be a public servant and shall be paid such salary and allowances out of the Consolidated Fund as may be determined or approved by the Minister with the concurrence of the Minister in charge of the subject of Finance.

(1) In the exercise or performance of the powers or duties conferred or imposed by this Ordinance each elections officer shall be subject to the general supervision and control of the Commissioner.

(2) Subject to the general supervision and control of the Commissioner-

(1) Every person-

shall be entitled to have his name entered in the electoral list of that electoral area.

(2) In the determination of any question as to a person’s residence on the first day of June in any year, particular regard shall be had to the purpose and other circumstances, as well as to the fact of his presence at, or absence from, the address in question, and in particular his absence from such address in the performance of any duty accruing from, or incidental to, any office, service or employment, held or undertaken by him.

(3) The address at which a person was ordinarily resident in any electoral area on the first day of June in any year is hereafter in this Ordinance referred to as his ” qualifying address “.

(a) he was, on the date of the commencement of the preparation or revision of the parliamentary register for the time being in operation for any electoral district in which that electoral area or any part thereof is situated, qualified to have his name entered in that register; and

(b) he was, on the first day of June in the year of the commencement of the preparation or revision of that register, ordinarily resident in that electoral area.

(1) No person shall, at any time, be qualified to be elected under this Ordinance, or to sit or to vote, as a member of any local authority, if such person at that time-

(1A) No person shall be qualified to be elected under this Ordinance or to sit or to vote as a member of any local authority if such person’s name appears as a candidate in more than one nomination paper for the same general election.

(2) A person shall, at any time, be disqualified from being elected under this Ordinance, or from sitting or voting, as a member of any local authority if such person at that time-

(3) Without prejudice to the generality of the provisions of subsection (1) and subsection (2), no person who, at any time after the appointed date,-

*(5) For the purposes of this section-

(* Subsection (4) is repealed by section 8 of Law No. 24 of 1977.)

(1) Where any member of a local authority is, by reason of the operation of any of the provisions of section 9, disqualified from sitting or voting as a member of such authority, his seat or office shall ipso facto become vacant.

(2) Where the seat or office of a member of a local authority becomes vacant by reason of the operation of the provisions of subsection (1), the provisions of the enactment by or under which such authority is constituted shall apply for the purpose of filling up the vacant seat or office in like manner as they would have applied if such member had resigned his seat or office.

(1) If the elections officer of the district in which a local authority area is situated, is satisfied that any person whose name has been included as a candidate for election as a member of that local authority, in the nomination paper of a recognized political party, has ceased to be a member of that party, the elections officer shall, subject to the provisions of subsection (2), by notice published in the Gazette declare that such person-

(2) The elections officer shall not publish the notice referred to in subsection (t) except after-

(3) Whenever any person whose name has been included in the nomination paper of a recognized political party ceases to be a member of such party the secretary of that party shall furnish such information to the elections officer of the district in which the local authority, to which that nomination paper relates, is situated.

(1) Each parliamentary polling district for the time being in force in any local authority area shall be deemed to be a polling district for the purpose of elections to that local authority : Provided, however, that the elections officer may for the purpose of local elections by notification published in the Gazette alter or modify any such parliamentary polling district.

(2) Where a parliamentary polling district comprises parts of more than one local authority area, each such part shall be deemed to be a polling district for the purpose of the general election of the members of the local authority of that area.

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

(1) Notwithstanding the provisions of section 12, where an order polling constituting a new local authority or altering the administrative limits of a local authority is made the elections officer of the district in which that local authority is situated may-

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

(3) Subject to the provisions of subsection (2), the division of an electoral area into polling districts may be altered by the elections officer as occasion may require and upon any such alteration being made he shall publish in the Gazette a notice specifying, in relation to that electoral area, particulars mentioned in paragraph (d) of subsection (1) and the date on which such alteration shall come into effect.

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

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

(1) Upon the publication of a notice under section 16 in respect of the electoral list of any electoral area-

Every application under paragraph (a) (hereinafter referred to as a ” claim “) and every application under paragraph (b) (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.

(2) No claim or objection shall be entertained by the elections officer unless it is made within the time specified by subsection (1).

(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 list 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 list, publish a notice-

(2)

(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.

(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.

(5) The elections officer shall, after deciding all the claims and objections made of in respect of the electoral list, make such amendments in the list as he may deem necessary to give effect to any such decision.

(6) Every person who wilfully makes a false statement or declaration in any claim or objection or at any inquiry held in connection 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.

(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.

(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.

(9) Any person removed from a place at which an inquiry is being held under this section-

(1) No person shall be entitled to have his name entered or retained-

(2)

(3) Where, in compliance with a notice under paragraph (a) of subsection (2), a person specifies-

(4) Where a person fails to comply with a notice under paragraph (a) of subsection (2),-

(5) The failure of any person to comply with any notice served under paragraph (a) of subsection (2), or the failure of an elections officer to comply with the provisions of subsection (4) in respect of that person, or the fact that upon such compliance his name is not entered or retained in any electoral list, or under any qualifying address in the same electoral list, specified by such person, shall not affect or prejudice his right to have his name entered or retained, subject to the provisions of subsection (1) and section 82, in any electoral list, or under any qualifying address in the same electoral list, as the case may be, in or under which he is qualified to have his name entered or retained.

(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 list of any electoral area he may, not later than ten days from the date of such decision, appeal therefrom to the Court of Appeal on any question of law involved in such decision but not on any other grounds.

(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 Court of Appeal together with the record of the proceedings to which the appeal relates.

(3) The appellant in his petition shall name a respondent to the appeal, and such respondent shall-

*(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 Court of Appeal an affidavit stating the time, place, and circumstances of such service.

(* Subsection (5) is omitted as Article 146 (2) (ii) of the Constitution requires this appellate Jurisdiction to be exercised by two Judges of the Court of Appeal.)

(1) In the case of each electoral area, the electoral list 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.

(2) The elections officer may certify the electoral list under this section during the tendency of any appeal preferred under section 20 in respect of the list and shall thereafter, if the order made by the Court of Appeal on such appeal so directs, insert or erase any name in the list.

(3) Upon the certification as herein before provided of the electoral list, the list 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 list relates. A notice to the effect that that list is so open for inspection shall be published by the elections officer, and if any appeals are pending before the Court of Appeal in respect of the list, the notice aforesaid shall include a statement setting out particulars of every such appeal.

(4) Nothing in this Ordinance shall be deemed to prohibit an elections officer, before certifying any electoral list, from Correcting any clerical error which appears to him to have been made therein.

(a) where such authority is a Municipal Council or an Urban Council or a Town Council, be held within the period of four months preceding the date on which the term of office of the members who are to be elected is due to commence; or

(b) where such authority is a Village Council, 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.

(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 such electoral area for the purpose of the election.

*(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.

* (Subsections (2) and (3) are repealed by section 30 of Law No. 24 of 1977.)

(5) Any elections officer may exercise, discharge and perform, in 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.

(1) Every political party which is treated as a recognized political party under the Parliamentary Elections Order-in-Council shall so long as that political party continues to remain as so treated under that Order shall be deemed to be a recognized political party for the purpose of local elections.

(2) Where a political party is deemed by virtue of the operation of the provisions of subsection (1) to be a recognized political party for the purpose of local elections, the approved symbol allotted to the candidates of such party under the Parliamentary Elections Order-in-Council shall be deemed to be the approved symbol allotted to that party until the date on which it ceases to be so entitled under subsection (1).

(3) The Commissioner shall once in every four years publish a notice calling for applications within such period as may be specified in the notice from the secretary of any political party other than a party which is already entitled to be treated as a recognized political party for the purpose of local elections to make on behalf of that party a written application to the Commissioner that such party be treated as a recognized political party for the purpose of local elections. The application shall also specify which one of the approved symbols such party desires to be allotted to such party if so treated.

(4) Upon the receipt of an application duly made under subsection (3) on behalf of any political party, the Commissioner shall-

(5) The order of the Commissioner on any application made under subsection (3) shall be final and conclusive and shall not be called in question in any court.

(1) Where the Commissioner has reasonable cause to believe that difficulties may arise at any election which is due to be held in any electoral area by reason of the fact that there are rival sections of a recognized political party for the purpose of local elections all of whom claim to be that party, the Commissioner may, in order to remove such difficulties, issue in his absolute discretion a direction to the returning officer of that electoral area that, in the case of such election, such recognized political party is either any one such section or none of such sections. It shall be the duty of such returning officer or any other officer, at such election, to act in accordance with that direction.

(2) No suit or other proceeding shall lie against-

(3) A direction issued by a returning officer under subsection (1) shall be final and conclusive, and shall not be called in question in any court, whether by way of writ or otherwise.

(4) The preceding provisions of this section, and any direction issued thereunder, shall have effect notwithstanding anything to the contrary in any other provision of this Ordinance.

(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 the electoral area of such authority.

(2) Any recognized political party or any group of persons contesting as independent candidates (hereinafter referred to as an ” independent group “) may for the purpose of election as members of any local authority submit one nomination paper substantially in the form set out in the First Schedule, setting out the names, in order of priority, of such number of candidates as is equivalent to the number of members including the Mayor and Deputy Mayor to be elected for that local authority increased by one-third of such number of members. The returning officer shall as soon as practicable make a copy of each nomination paper received by him and display such copies of nomination paper on his notice-board.

(3) The candidates whose names appear first and second in the nomination paper of each recognized political party and independent group shall in addition be candidates for election to the office of Mayor and Deputy Mayor, respectively.

(4) The written consent of each candidate to be nominated by a recognized political party or an independent group shall be endorsed on the nomination paper.

(5) Each nomination paper shall be signed by the secretary of a recognized political party and in the case of an independent group by the candidate whose name appears first in the nomination paper (hereinafter referred to as the “group leader “) and shall be attested by a Justice of the Peace or by a notary public. Such nomination paper shall be delivered to the returning officer within the nomination period by the secretary or the authorized agent, in the case of a recognized political party, or the group leader in the case of an independent group.

(6) The returning officer of an electoral area shall on application made at any date after the publication of the notice under section 26 and before the expiry of the nomination period for that electoral area, supply free of charge a nomination paper in the prescribed form to any recognized political party or any independent group; 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.

(7) In any case where the total number of members to be elected for a local authority is such that one-third of that number would be an integer and a fraction, then, the next higher integer shall be deemed to be the one-third for the purpose of subsection (2).

(8)

(1)

(2) No deposit made by a group leader or person authorized by him on behalf of a candidate of any group under this section shall be accepted by the returning officer unless it is made within the time prescribed by subsection (1).

(3) Where the deposit under this section is accepted by the returning officer, such officer shall forthwith issue to the person by whom the deposit was made a receipt in writing signed by such officer acknowledging his acceptance of such deposit, and the receipt shall state-

(1) Every deposit made with a returning officer under section 29 shall forth with be credited by such officer to a deposit account and shall be disposed of according to the provisions of the subsections next following.

(2) Where the nomination paper of an independent group is rejected under the provisions of section 31, the deposit shall be returned to the person who made the deposit.

* (4) Where none of the candidates nominated by any independent group is elected and where the number of votes polled by such independent group does not exceed one-eighth of the total number of votes polled at that election, the deposit made in respect of the candidates of such group shall be declared forfeit and shall be transferred by the returning officer with whom it was made from the deposit account to the Consolidated Fund, and in every other case the deposit shall be returned to the person who made the deposit, as soon as may be after the result of the election is declared.

*(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.

(1) The returning officer shall, immediately after the expiry of the nomination period, examine the nomination papers received by him and reject any nomination paper-

(2) Where any nomination paper has been rejected by the returning officer under subsection (i), the returning officer shall inform the secretary of the recognized political party or the group leader, as the case may be, who had submitted such nomination paper the fact of such rejection. The decision of the returning officer to reject such nomination paper shall be final and conclusive.

(1) Where in the case of any electoral area the returning officer finds at the expiry of the nomination period-

the returning officer shall forthwith report to the elections officer of the district in which the area is situated the fact that no nomination papers have been received or that all the nomination papers received by him have been rejected and the elections officer shall, not later than seven days after the receipt of such report, publish a notice prescribing a nomination period. The notice shall specify the period (hereinafter referred to as the ” second nomination period”) during which the nomination papers are to be received by the returning officer at his office and all the provisions of this Ordinance shall thereupon apply.

(2) If during the second nomination period appointed for an electoral area no nomination papers have been received or all the nomination papers received have been rejected, the returning officer shall forthwith report the fact through the elections officer to the Commissioner and upon receipt of such report, the Commissioner shall cause a notice to be published in the Gazette, and in any 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 electoral area during the second nomination period.

(3) From the date of the publication of a notice under subsection (2) in respect of an electoral area, no further steps shall be taken under this Ordinance, for the nomination of candidates for the election of Mayor and Deputy Mayor and members for that local authority until the next general election of the members of that local authority: Provided, however, that it shall be lawful for the Minister to nominate such number of persons who are eligible under this Ordinance for election as Mayor and Deputy Mayor, and members of that local authority, and the persons so nominated shall be deemed, for all purposes, to be elected under the provisions of this Ordinance.

(1) Where electoral area-

(2) The returning officer shall report the result of the election through the elections officer of the district in which the electoral 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.

(1) If at the expiry of the nomination period appointed for an electoral area and after the rejection of

and such symbol shall be printed on the ballot paper opposite-

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

(2) The approved symbol of any recognized political party for the purpose of local elections shall not, whether or not such party is contesting any election, be allotted under paragraph (b) of subsection (1) of this section to any independent group.

(3) After the allocation of symbols under subsection (1), the returning officer shall forthwith-

(1) Upon the receipt of a report under section 37 in respect of an electoral area, the elections officer of the district in which the area is situated shall forthwith publish a notice in the Gazette specifying-

(2) Where due to any emergency it is necessary that the situation of any polling station should be different from that specified in a notice published under subsection (1), the elections officer may cause the situation of that station to be altered in such manner as he may in his absolute discretion-determine.

(3) Where due to any emergency the poll for the election in any electoral area cannot be taken on the date specified in the notice relating to the election published under subsection (1), the elections officer may appoint another date for the taking of such poll and such other date shall not be earlier than the twenty-first day after the publication of the notice under subsection (1).

(1) The returning officer for an electoral area in which an election is contested shall, if that electoral area is an area to which this subsection applies, send by post to each voter whose name appears in the electoral list of that area an official poll card specifying-

(2) An official poll card under subsection (1) shall be so sent to a voter as to reach him at least five days before the date of poll. Where a post office fails to deliver such an official poll card to the person to whom it is addressed, it shall be retained in such post office until the date of the poll and shall be delivered to the addressee if he calls for it.

(3) Every person who-

shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

(3A) Every 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 or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

(4) The Minister may, from time to time, by Order published in the Gazette, declare that with effect from such date as shall be specified in the Order, the provisions of subsection (1) shall apply to every electoral area or areas as shall be so specified.

(1) For the purposes of each election for any electoral area, the returning officer of that electoral area shall appoint one or more persons (hereinafter referred to as ” presiding officers “) to preside at each polling station in his electoral area. 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 every other presiding officer, and over all arrangements for the conduct of the poll in that election.

(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.

(3) The returning officer may, if he thinks fit, preside at any polling station in his electoral area, and the provisions of this Ordinance relating to presiding officers 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.

(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 p.m. on that day ; and

(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.

(a) appoint such officers and servants as may be necessary for taking the poll and counting the votes;

(b )furnish each polling station in that electoral area 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;

(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;

(d) provide each polling station with materials to enable voters to mark the ballot papers, with instruments for stamping thereon or perforating the official mark, and with copies of the electoral list, for the time being in force for that electoral area or that part of the list which contains the names of voters who are assigned to that polling station;

(e)
do such other acts and things as may be necessary for effectually conducting the election in the manner provided by this Ordinance.

(1) During the taking of the poll, the presiding officer at every polling station shall cause to be exhibited-

(2) Every notice under this section shall be in Sinhala, Tamil and English.

(a) shall contain the names of the recognized political parties contesting the election in Sinhala, Tamil and English, arranged alphabetically in Sinhala in the order of the names of such parties and with the symbol allotted to each such party set out against the name of each such party, and immediately thereafter, if there are any independent groups contesting the election, the words, ” Independent Group ” repeated for each such group and the distinguishing number in the serial order and the symbol allotted to each such group set out against the distinguishing number of each group;

(b) shall be capable of being folded up ;

(c) shall have a number printed on the back; and

(d) shall have attached a counterfoil with the same number printed on the face.

(1) The official mark shall be kept secret.

(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.

(1) The secretary of each recognized political party or its authorized agent and the group leader of each independent group may appoint not more than two agents (hereinafter referred to as ” polling agents “) to represent such party or group 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 secretary of the recognized political party or its authorized agent and the group leader of each independent group to the presiding officer at that station before the opening of the poll or during the poll.

(2) If a polling agent appointed under subsection (1) dies or becomes incapable of acting, the secretary of the recognized political party or its authorized agent or the group leader of the independent group, as the case may be, may appoint another polling agent in his place and shall forthwith give to the presiding officer notice in writing of the name and address of the polling agent so appointed.

(3) No person who-

shall be eligible to be appointed or to act as the polling agent of any recognized political party or independent group at any polling station in the electoral area of such authority :

Provided, however, that any person holding office for the time being as a member of such authority may act as a polling agent of his recognized political party or independent group at any election at which he is a candidate.

(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.

(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.

*(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, the police officers on duty and other persons officially employed at the polling station.

(* Subsection (2) is repealed by section 56 of Law No. 24 of 1977.)

(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.

(5) Any person removed from a polling station under subsection (4)-

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.

(1) The presiding officer of any polling station may, and if requested so to do by a 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;-

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 electoral

(Signature or mark of voter)

(Signature of Presiding Officer).

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 electoral area.”

(Signature or mark of voter).

Declared before me this…. day of 19

(Signature of Presiding Officer).

(2)

(3) Where a ballot paper is to be issued to any voter-

(1) No ballot paper shall be delivered election- to any voter at any local

and accordingly such voter shall, notwithstanding anything to the contrary in any other provision of this Ordinance, not be entitled to vote at such election.

(2) The presiding officer of the polling station shall enter on a list, substantially in the form set out in the Seventh Schedule, the following particulars relating to each voter to whom a ballot paper was not delivered at such station under subsection (1):-

Such list is in this Ordinance called the ” list of voters to whom ballot papers are not delivered under section 53A “.

(3) In this section,-

(4) Every person who-

(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 polling agents, if present voting specified in the section 45, but in so doing abstain from any action construed by the voter direction to vote for recognized political party group.

(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, in the presence of another member of his polling staff, 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.

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

and shall deliver the packets to the counting officer of the polling station in which the poll was held.

(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-

(1) 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 notice in writing of the time and places at which the count of the votes will be commenced, to the secretary or the authorized agent of a recognized political party or the group leader of an independent group contesting that election.

(2) The returning officer shall, before he proceeds to declare the result of an election under section 65, give notice in writing to the secretary or the authorized agent of a recognized political party or the group leader of an independent group contesting that election of the time and place at which the result will be declared.

(1) Except with the consent of the counting officer, no person other than the counting officer, the persons appointed to assist him, and the counting agents may be present at the counting of the votes.

(2) Before the counting 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.

(3) The counting 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.

(1) Any ballot paper- not bear the official

The counting officer shall endorse the word ” rejected ” on any such ballot paper.

(2) Where the counting officer is satisfied that any mark made on a ballot paper clearly indicates the intention of the voter to give his vote and the recognized political party or independent group for whom he gives his vote, the counting 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.

(3) Where the counting officer is satisfied that a ballot paper is not a forged or counterfeit ballot paper he shall not reject it solely on the ground that it is not stamped or perforated with the official mark. Before deciding not to reject a ballot paper under the preceding provisions of this subsection the counting officer shall show it to each counting agent if present and hear his views thereon.

(4) The counting officer shall not count any ballot paper which is rejected by him under subsection (1).

(5) The counting officer shall draw up a statement showing separately the number of ballot papers rejected, under each of the grounds specified in subsection (1), and shall on request allow any counting agent to copy the statement.

(6) The counting officer shall prepare a written statement in words as well as in figures of the number of votes given for each recognized political party and independent group, and such statement shall be certified by the counting officer and witnessed by one of his assistants or clerks and the agents of any party or group as are present and desire to sign.

(7) Before the counting officer makes a written statement referred to in subsection (6), such number of recounts may be made as the counting officer deems necessary; and a recount or recounts shall be made upon the application of a counting agent so however that the maximum number of recounts that shall be so made, on the application of any counting agent or all the counting agents, shall not exceed two.

(8) The decision of the counting officer as to any question arising in respect of any ballot paper shall be final and conclusive.

(1) Upon the completion of the counting at any polling station, the counting officer shall seal up in separate packets the counted and rejected ballot papers.

(2) The counting officer shall deliver the packets referred to in subsection (1) to the returning officer together with the unused and spoilt ballot papers placed together, the tendered ballot papers, the marked copies of the electoral list and the counterfoils of the ballot papers, the tendered votes lists, the list of voters to whom ballot papers are not delivered under section 53A, the ballot paper account, the written statement of the number of votes given to each recognized political party or independent group and the record of the count under subsection (2) of section 62.

(1)

(2)

(3) For the purpose 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 or void.

(1) If the office of Mayor falls vacant due to death, resignation or for any other cause, the elections officer shall declare the Deputy Mayor elected as Mayor.

(2) If the office of Deputy Mayor falls vacant due to death, resignation or for any other cause, the elections officer shall declare elected as Deputy Mayor from the nomination paper of the recognized political party or independent group to which the Deputy Mayor who vacated office belonged the member whose name appears next after the name of such Deputy Mayor who vacated office.

(3) If the office of a member falls vacant due to death, resignation or for any other cause, the elections officer shall declare elected as member the candidate whose name appears next after the last of the elected members in the nomination paper of the recognized political party or independent group to which the member who vacated office belonged.

(4) Where all the candidates whose names remain in the nomination paper of any recognized political party or independent group have been elected and a vacancy occurs to be filled by a candidate from such party or group the elections officer shall inform the Minister through the Commissioner-

(5) Upon the receipt of such information, the Minister shall call upon the secretary of such recognized political party or the group leader of such independent group to nominate a candidate who is eligible under this Ordinance for election as member of that local authority, to fill such vacant seat or office.

(6) The Minister shall, by Order published in the Gazette, appoint such person as member of that local authority to fill such vacancy or office and the person so appointed shall be deemed, for all purposes, to be a member under the provisions of this Ordinance, and shall hold office only until the expiry of the current term of office of the members elected at the last preceding general election.

(1) Upon the declaration of the result of any election of the Mayor and Deputy Mayor and members of the local authority of an electoral area, the returning officer of that electoral area shall-

(2) The Commissioner shall forthwith upon the receipt of the report of the result cause the names of the two candidates elected as Mayor and Deputy Mayor, and the names of the candidates elected as members to be published in the Gazette.

(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 statements under subsection (6) of section 63, the ballot paper account, tendered votes list, packets of counterfoils and the marked copies of electoral lists sent by the counting officers endorsing on each packet a description of its contents and the date of the election to which they relate, and the name of the electoral area in which the election was held.

(* Subsection (1) is repealed by section 72 of Law No. 24 of 1977.)

(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.

(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: 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.

(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.

(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.

(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.

(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.

(3) No person, being an officer or agent referred to in subsection (1), shall-

(4) No person, whether or not such person is an officer or agent referred to in subsection (1), shall-

(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.

(1) Every person who-

(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.

(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.

(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.

(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 recognized political party or independent group 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.

(1) 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

(2) 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 to refrain from giving his vote at such election, or

(3) who, being a member or official of a religious order or organization,-

(4) who, being the employer of any other person-

in the ordinary course of such employment, in order to induce or compel such other person to vote or refrain from voting for any recognized political party or independent group at such election, or to support or refrain from supporting any recognized political party or independent group at such election, or on account of such other person having voted or refrained from voting for any recognized political party or independent group at such election, or having supported or refrained from supporting any recognized political party or independent group at such election, or

(5) who, at any time during the period commencing on the first day of the nomination period at any election and ending on the day following the date of the poll 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.

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

(2) No person shall, on any date on which a poll is taken at any polling station-

so as to cause annoyance to any person visiting the polling station for the poll or so as to interfere with the work of the officers and other persons on duty at the polling station.

(2A) No person-

(3) Every person who contravenes any of the provisions of subsection (1), subsection (2) or subsection (2A) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment.

(4) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of subsection (2) and may seize any apparatus used for such contravention.

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

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

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

(1) During the period commencing on the first day of the nomination period of any election under this Ordinance and ending on the day following the day on which the poll is taken at such election, no person shall, for the purposes of promoting the election of any candidate of a recognized political party or independent group at such election, display-

(2) Every person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment.

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

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

(5) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of subsection (1) and may seize and remove any handbill, placard, poster, notice, sign, flag or banner used in such contravention.

(1) No person shall let, lend, employ, hire, borrow or use, or aid or abet any other person to let, lend. employ, hire, borrow or use, any vehicle, vessel or animal for the purpose of conveying any voter to or from the poll.

(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred rupees, or to imprisonment of either description for a term not exceeding one month, or to both such fine and imprisonment.

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

(4) Where at a poll taken at any election in any electoral area under this Ordinance, any vehicle, vessel or animal is being used in contravention of the provisions of subsection (1), any police officer may stop and seize such vehicle, vessel or animal, and take it to a police station and detain it therein until the conclusion of the poll-

(5) A court may, on the conviction of any person for an offence under this section, make order declaring that any vehicle, vessel or animal used in or in connexion with the commission of such offence shall be forfeited to the State.

(1) Where there is published in any newspaper any false statement concerning or relating to,-

and such statement is capable of influencing the result of such election, then, every person who at the time of such publication was the proprietor, the manager, the editor, the publisher or other similar officer of that newspaper, or was purporting to act in such capacity, shall each be guilty of an offence unless such person proves that such publication was made without his consent or connivance, and that he exercised all such diligence to prevent such publication as he ought to have exercised having regard to the nature of his functions in such capacity and in all the circumstances.

(2) Any person who is guilty of an offence under subsection (1) 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 one month or to both such fine and imprisonment.

(3) In this section, the term ” newspaper” includes any journal, magazine, pamphlet or other publication.

(1) Any person, being the employer of any other person who is entitled to vote at any election under this Ordinance shall, upon application in writing in that behalf made by such other person. grant such other person, leave, without loss of pay, for such continuous period (not less than two hours in duration) as that person may deem sufficient to enable such other person to vote at that election.

(2) Any person who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees, or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment.

(1) Where the Commissioner considers that any premises, other than any school referred to in section 70, are required for the purpose of being used as a polling station, he may requisition those premises for that purpose by order in writing addressed to and served on the person in actual possession of those premises, or where no person is in such actual possession, on the owner of such premises.

(2) Where any premises are requisitioned under subsection (1), the period of such requisition shall not extend beyond four weeks. (3) In this section, ” premises ” means any land, building or part of a building and includes a hut, shed or structure or any part thereof.

(1) Where any premises are requisitioned under section 84C, the Commissioner shall pay, out of moneys provided for the purpose by Parliament, compensation for such requisition to the person who was in actual possession of those premises immediately before the requisition or where no person was in such actual possession, the owner of those premises, and shall make good any damage done to those premises during the period of the requisition.

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

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

(a) be in the Sinhala language together with translations thereof in the Tamil and English languages ; and

(b) be exhibited at the office of the local authority of such area, and otherwise published in such manner as the officer responsible for the publication thereof may consider best calculated to give publicity thereto.