Presidential Elections(Special Provisions)

(1) Where the office of President becomes vacant in terms of paragraph (1) of Article 38 of the Constitution, other than sub-paragraph (f) of that paragraph, Parliament shall elect as President one of its members who is qualified to be elected to the office of President, to hold office for the unexpired period of the term of office of the President vacating office.

(2) Such election shall be held as soon as possible after, and in no ease later than one month from, the date of occurrence of the vacancy :

Provided that if such vacancy occurs after the dissolution of Parliament, the President shall be elected by the new Parliament within one month of its first meeting.

(1) On the date fixed for the receipt of nominations Parliament shall meet and the Secretary-General shall act as the returning officer.

(2) A member who wishes to propose any other member for election to the office of President shall obtain prior written consent of the member whom he wishes to propose indicating that such member is willing to serve if elected.

(3) A member addressing himself to the Secretary-General shall propose some other member present in Parliament to the office of President, The proposal shall be seconded by another member, but no debate shall be allowed,

(4) If only one member be so proposed and seconded to the office of President he shall be declared by the Secretary- General to have been elected to such office. If more than one member be so proposed and seconded, Parliament shall, subject to subsection (2) of section 3, fix a date and time for the holding of the election, such date being a date not later than forty-eight hours from the time of receiving nominations.

(1) On the date fixed for the holding of the election, the Secretary-General shall act as the returning officer and shall, subject to the following provisions, do all things necessary for the conduct of the election.

(2) Before voting commences the returning officer shall show the empty ballot box or boxes to the members and thereafter seal it or them, as the case may be, in their presence.

(3) When voting commences, the returning officer shall call out the name of each member including the Speaker who shall proceed to the returning officer’s table and receive a ballot paper. The returning officer shall initial the back of the ballot paper with his initials in the presence of the member.

(4) The member who receives a ballot paper shall then proceed to the cubicle provided in the chamber and mark his ballot paper.

(5) Every ballot paper shall be substantially in the Form in the Schedule hereto, and shall contain the names of all the candidates.

(6) When a member has received a ballot paper, he shall signify thereon, in the manner hereinafter provided, for whom he desires to vote. The member shall then fold the ballot paper so that the returning officer’s initials thereon may be visible and, having held up the ballot paper in such manner as to enable the returning officer to see the initials, shall put the ballot paper in a ballot box or one of the ballot boxes, if there is more than one, placed on the returning officer’s table.

(7) If a member inadvertently spoils a ballot paper, he may return it to the returning officer who shall, if satisfied of such inadvertence, give him another ballot paper and the spoilt ballot paper shall be immediately cancelled by such returning officer.

(8) The returning officer shall, before the voting is due to end, call out a second time the name of any member who has not voted when his name was called out under subsection (3). If such member does not vote after his name is called out a second time, he shall be deemed to have abstained from voting.

(a) shall place on his ballot paper the figure 1 in the square opposite the name of the candidate for whom he votes; and

(b) may, in addition, place on his ballot paper the figure 2, or the figures 2 and 3, or the figures 2, 3 and 4, and so on, in the squares opposite the names of the candidates in the order of his preferences.

(a) on which anything is written or marked, by which the member can be identified; or

(b) which does not bear the returning officer’s initials ; or

(c) on which the figure 1 is not marked; or

(d) on which the figure 1 is marked opposite the name of more than one candidate; or

(e) which is unmarked or void for uncertainity.

(1) The returning officer shall examine the ballot papers and shall, after rejecting any invalid ballot papers, divide the remaining ballot papers according to the first preferences recorded for each candidate. He shall then count the number of preferences recorded for each candidate.

(2) If any candidate desires to be present at the counting of votes he may do so or if he wishes to appoint another member to represent him at the counting he may inform She returning officer after obtaining the consent of that member

(1) Where no candidate has received more than one-half of the valid votes cast, the returning officer shall eliminate from the contest the candidate who has received the lowest number of votes, and the second preference of each member whose vote had been for the candidate eliminated from the contest shall be counted as a vote for the candidate for whom such preference is recorded and shall be added to the votes already counted in his favour.

(2) Where after the elimination and count referred to in subsection (1), no candidate has received more than one-half of the valid votes cast, the returning officer shall proceed with the count, eliminating after each such count the candidate who has received the lowest number of votes at that count and adding to the number of votes already counted in favour of the remaining candidates

(3) Where at the end of the count referred to in sub section (2), no candidate has obtained more than one-half of the valid votes, the returning officer shall declare the candidate who has obtained the majority of the votes at that count, elected to the office of President.

(1) Where an equality is found to exist between the votes received by two candidates, and the addition of one vote would determine which candidate would be declared President under this Act, the determination of the candidate to whom such additional vote shall be deemed to have been given for the purpose of such determination shall be made by lot by the returning officer in such manner as he may, in his absolute discretion determine, and he shall declare such candidate elected to the office of President.

(2) Where an equality is found to exist between two or more candidates and the addition of one vote would determine which candidate is not to be eliminated under this Act, then the determination of the candidate to whom such additional vote shall be deemed to have been given for the purpose of such determination shall be made by lot by the returning officer in such manner as he may, in his absolute discretion, determine.

(1) The election of a candidate to the office of President shall be declared to be void on an election petition on any of the following grounds which may be proved to the satisfaction of the Supreme Court, namely:

(2) For the purposes of subsection (1), the offences of bribery and undue influence at an election shall have the same meaning as in the Parliamentary Elections Act, 1981.

(1) Every person who commits the act of undue influence or bribery shall be guilty of an offence, and shall on conviction by 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 such imprisonment.

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

(3) A prosecution under this section shall not be instituted without the sanction of the Attorney-General.

(1) No election shall be called in question except by an election petition presented to the Supreme Court.

(2) An election petition may be presented calling in question an election on one or more of the grounds specified in subsection (1) of section 19 to the Supreme Court by any candidate at such election or by any member of Parliament

(3) Any such petition may be presented at any time after the date of publication of the declaration in the Gazette containing the name of the candidate who has been returned at the election, but not later than thirty days from the date of such publication.

(a) that the election of the returned candidate is null and void; or

(b) that the election of the candidate who has been returned is void and that he himself if he was a candidate, or any other candidate has been duly elected.

(1) At the conclusion of the trial of the election petition, the Supreme Court shall make an order in writing

(2) At the time of making an order under subsection (1), the Supreme Court shall also make an order fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid.

(1) Upon the transmission to the Speaker of the order of the Supreme Court as required by section 24

(2) The provisions of sections 8, 7, 8, 9, 10, 11, 12 and 13 shall, mutatis mutandis, apply to and in relation to the election of the President under paragraph (b) of subsection (1).