Provincial Councils Elections

(1) Every Provincial Council shall consist of such number or members as is equal to the total number of members entitled to be returned, in accordance with determination under subsection (3), from all the administrative district situated within the province for which that Provincial Council is established increased by two.

(2) Every administrative district in a province shall for the purposes of elections to the Provincial Council established for that province, constitute an electoral area.

(3) The number of members to be elected, from each administrative district of a province to the Provincial Council established for that province shall be determined by the; Commissioner on the following basis : ”

(4) A determination made by the Commissioner under this section shall be final and conclusive and shall not be called in question in any court.

(1) Each polling division for the time being in force under the Registration of Electors Act, No. 44 of 1980, shall be deemed to be a polling division for the purposes of this Act.

(2) Each polling district for the time being in force under the Registration of Electors Act, No. 44 of 1980 shall be deemed to be a polling district for the purposes of this Act.

(1) The register to be used for the purposes of an election under this Act shall be the register in operation on the date of publication of notice of nomination under section 10, not withstanding that a new register may have come into operation after the publication of such notice

(2) For the purposes of subsection (1) a “register in operation” means a register of electors in operation in terms of the Registration of Electors Act, No. 44 of 1980 and includes a register or registers or a part of a register or any combination of them corresponding to an administrative district.

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

(2) If any returning officer is by reason of illness or other cause prevented or disabled from performing any of his duties under this Act and there is no time for another person to be appointed by the Commissioner, the returning officer may appoint by name or office, a deputy to act for him. Every such appointment shall as soon as possible be reported to the Commissioner and may be revoked by him, but without prejudice to the validity of anything already done by such deputy.

(1) Every political party which is treated as a recognized political party under the Parliamentary Elections Act, No. 1 of 1981, shall, so long as that political party continues to be treated as a recognized political party under that Act, be deemed to be a recognized political party for the purpose of elections under this Act.

(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 elections under this Act, the approved symbol allotted to that party under the Parliamentary Elections Act, No. 1 of 1981, or any other law, shall be deemed to be the approved symbol of that party until such party ceases to be so entitled under subsection (1).

(1) Within one week of the dissolution of a Provincial Council by reason of, the operation of article 154E of the Constitution or an order made under Article 154B (8) (c) of the Constitution, or in the case of the first elections held under this Act, within one week from a direction from the President to hold an election to a Provincial Council, the Commissioner shall publish a notice of his intention to hold an election to such Council. The notice shall specify the period (herein after referred to as the ” nomination period”) during which nomination papers shall be received by the returning officer of each administrative district in the province for which such Provincial Council is established, during normal office hours at his office, and the number of candidates required under section 13 (1) to be to be set out on the nomination paper.

(2) The nomination period shall commence on the fourteenth day after the date of publication of the notice referred to in subsection (1) and expire at twelve noon or the twenty-first day after the day of publication of such notice.

(1) Where the Commissioner has reasonable cause believe that difficulties may arise at an election which is due to be held in any administrative district by reason of the fact that there are rival sections of a recognized political party 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 for that administrative district 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 to a returning officer under sub section (1) shall be final end conclusive, and shall not be called in question in any court.

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

(1) 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 an election of members from an administrative district to a Provincial Council submit one nomination paper setting out the names, of such number of candidates as is equivalent to the number of members to be elected from that administrative district, increased by three. Such nomination paper shall be substantially in form A set out in the First Schedule to this Act.

(2) 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, and there shall be annexed to such nomination paper, an oath or affirmation, as the case may be, in the form set out in the Seventh Schedule to the Constitution, taken and subscribed or made and subscribed, as the case may be, by every such candidate, and in the case of an independent group, a receipt acknowledging the receipt of the deposit made by such group under section 14.

(3) Each nomination paper shall be signed by the Secretary of a recognized political party or 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.

(4) Such nomination paper together with a copy thereof shall be delivered to the returning officer at his office during normal office hours within the nomination period by the secretary of a recognized political party or by the candidate whose name appears first in such nomination paper (hereinafter referred to as the ” authorized agent”) in the ease of a recognized political party, or by the group leader in the case of an independent group.

(5) Where, due to any reason whatsoever, the secretary of a recognized political party or the authorized agent or the group leader is unable to deliver a nomination paper, the candidate whose name appears second on such nomination paper shall deliver such nomination paper to the returning officer as required by subsection (4).

(6) The returning officer shall display a copy of each nomination paper received by him on his notice-board.

(7) The returning officer shall, on application made at any date after the publication of the notice of nomination and before the expiry of the nomination period, supply free of charge a nomination paper to any recognized political party or any independent group ; but nothing in this Act 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 form A set out in the First Schedule to this Act.

(8)

(1) A group leader or any other person authorized by such group leader, shall, between the date of publication of the notice under section 10 and the submission of the nomination paper of that group, and in any case, not later than 12 p.m. on the day immediately preceding the end of the nomination period, deposit in legal tender with the returning officer, a sum calculated at two thousand rupees in respect of each candidate nominated by such group.

(2) No deposit made by a group leader or a person authorized by such group leader under subsection (1) shall be accepted by the returning officer unless it is made within the time prescribed in that subsection.

(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 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 14 shall forthwith be credited by such officer to a deposit account and shall be disposed of according to the provisions of subsections (2), (3) and (4).

(2) Where a nomination paper of an independent group is rejected under the provisions of section 17, the deposit shall be returned to the person who made the deposit.

(3) Where the number of votes polled by an independent group is less than one-eighth of the total number of votes polled at the poll in such administrative district, the deposit made in respect of the candidates of such group shall be declared forfeit and shall be transferred by the returning officer 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.

(4) For the purposes of this section, the number of votes polled at a poll in an administrative district shall be deemed to be the number of votes actually counted and shall not include any votes rejected as void.

(a) by reason of his conviction for a corrupt or illegal practice or by reason at the report of en Election Judge under the Ceylon (Parliamentary Elections) Order in Council, 1946, or under the Parliamentary Elections Act, No. 1 of 1931, or by reason of the report of the Supreme Court under the law relating to the election of the President; or

(b) by reason of the imposition of civic disability on him in terms of Article 81 (1) of the Constitution ; or

(c) by reason of his being subject to any of the disqualifications specified in the Local Authorities (Imposition of Civic Disabilities) (No. 1) Law, No. 38 of 1978, or the Local Authorities (Imposition of Civic Disabilities) (No, 2) Law, No. 33 of 1978,

(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 (1), 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 the candidates of only one recognized political party or one independent group stand nominated for election, the returning officer shall call upon the secretary of such recognized political party or the group leader of such independent group to decide, within such period as may be specified by the returning officer, which of the candidates whose names appear in such nomination paper shall be declared elected as members of that Provincial Council. If such secretary or group leader communicates his decision to the returning officer within the period specified by the returning officer, the returning officer shall declare elected as members of that Provincial Council, the respective candidates specified in such, decision. If on the other hand, such secretary or group leader fails to communicate his decision to the returning officer within the period specified by the returning officer, then such number of candidates, in the order in which their names appear in such nomination paper, as is equal to the number of members to be elected to that Provincial Council, shall be declared elected as members.

(2) The returning officer shall forth with make a return which shall be substantially in form B set out in the First Schedule to this Act, to the Commissioner who shall cause the names of the members so elected to be published in the Gazette.

(a) that no nominations paper has been duly received on behalf of any recognized political party, or any independent group ; or

(b) that all the nomination papers received by him have been rejected,

(1) If, at the expiry of the nomination period and after the rejection of any nomination paper, candidates of more than one recognized political party or independent group stand duly nominated for election, the returning officer shall forthwith allot”

(2) The approved symbol of a recognized political party shall not, whether or not such party is contesting an election, be allotted under paragraph (b) of subsection (1) to any independent group.

(3) Alter the allocation of symbols under subsection (1) the returning officer shall forthwith adjourn such election to enable a poll to be taken in accordance with the provisions hereinafter set out.

(1) The returning officer shall, as soon as may be after the conclusion of the proceedings under section 20, publish a notice in the Gazette specifying”

(2) If, after the publication of the notice referred to in subsection (1), the day specified in such notice is declared to be a public holiday, such declaration shall in no way affect the validity of anything done on such day for the purposes of the election.

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

(4) The polling station or stations for each polling district shall be situated within such polling district save where the returning officer, having regard to the special circumstances in any polling district, may decide upon a polling station outside such polling district. The location of the polling station shall be such as to cause the minimum inconvenience to the electors of the polling district.

(5) 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 returning officer may cause the situation of that station to be altered in such manner as he may, in his absolute discretion, determine.

(6) Where at an election of members of a Provincial Council from the administrative districts within the province for which that Provincial Council is established, due to any emergency or unforeseen circumstances the poll in any such administrative district cannot be taken on the day specified in the notice published under subsection (1), the Commissioner may, by notice published in the Gazette, appoint another day for the taking of the poll in such administrative district and in every other administrative district within that province, such other day being a day not earlier than the fourteenth, day after the publication of the notice In Gazette.

(1) A person who is entitled under this section to be treated as a postal vote for the purpose, of an election under this Act, may vote by post, and shall not vote in person, at such election.

Any person who votes in person at any election in contravention of the preceding provisions of this subsection shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment.

(2) An application to be treated as a postal voter in any administrative district may be made”

(3) An application to be treated as a postal voter shall be made to the returning officer so as to reach him within ten days after the date of publication of the notice of nomination under section 10. Such application shall be substantially in the form prescribed for the purpose by the regulations contained in the Second Schedule to this Act.

(4) No application to be treated as a postal voter shall be allowed by a returning officer unless he is satisfied that the application is in accordance with the preceding pro visions of this section.

(5) The returning officer may, for the purpose at the disposal of applications to be treated as postal voters, by notice require any person to give such officer any information as may be necessary for that purpose.

(6) The decision of a returning officer on an application to be treated as a postal voter shall be communicated in. writing to the applicant.

(7) The decision of the returning officer to allow or disallow an application to be treated as a postal voter shall be final.

(8) Where an application to be treated as a postal voter is allowed by a returning officer, the applicant shall be a person entitled to be treated as a postal voter for the purpose of an election.

(9) The returning officer shall, as soon as practicable, send by post to each person who is entitled to be treated as a postal voter, to the address furnished by such person”

(10) The form of the ballot paper and the form of the declaration of identity which are to be used by persons entitled to be treated as postal voters, and the procedure to be followed at the proceedings on their issue, shall be according to the regulations contained in the Second Schedule to this Act.

(11) A ballot paper issued to a person entitled to be treated as a postal voter is in this Act referred to as a ” a postal ballot paper “.

(12) The returning officer of every administrative district where there is an election shall, as soon as practicable, prepare a list (in this Act referred to as the ” postal voters’ list “) specifying the name, address and number on the register of electors of every person entitled to be treated as a postal voter. Such list shall be prepared in such manner as may be prescribed in that behalf by the regulations contained in the Second Schedule to this Act.

(1) The returning officer shall send to each elector whose name appears in the register a poll card (in this Act referred to as an ‘” official poll card “) in such form as may be determined by the Commissioner, and specifying”

Provided that no such card shall be send to an elector who is entitled to be treated as a postal voter.

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

(3) Every person who”

shall be guilty of an offense 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) Every person, other than a public officer acting in the. course of his duty as such officer, who has in his possession the official poll card of any other person, shall be guilty or: 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.

(1) Subject to the general or special directions of the Commissioner, each returning officer shall appoint, and may revoke the appointment of, one or more persons, here master called presiding officers, to preside at each polling-station in the administrative district, If more than one presiding officer is appointed for any polling station, the returning officer may appoint one of the presiding officers to be the senior presiding officer who shall exercise general supervision over the other presiding officers, and over all arrangements for the conduct of the poll in that station.

(2) If any presiding officer is by reason of illness- or other cause, prevented from acting at an 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 revoked by the returning officer, but without prejudice to the validity of anything already done by such deputy.

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

(1) For the purposes of an election in any administrative district the returning officer shall”

(2) An election shall not be questioned by reason of non-compliance with the provisions of subsection (1) or any informality relative to polling stations.

(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.

(1) The votes at every election under this Act in an administrative district 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.

(2) Every ballot paper shall be substantially in form C set out in the First Schedule to this Act, and”

(1)the secretary of each recognized political party agents. or its authorized agent or any group leader may appoint a reasonable number of polling agents for each polling station having regard to the need to revoke the appointment of any polling agent for that polling station during the poll. Notice in writing of every such appointment stating the names, addresses and national identity-card numbers of the Provincial Councils Elections 19 Act, No. 2 of 1988 persons appointed shall be given by such secretary or authorized agent or group leader to the presiding officer at that station before the opening of the poll or during the poll.

(2) The secretary of a recognized political party or its authorized agent or a group leader may delegate the powers vested in such secretary, authorized agent or group leader under subsection (1), to any candidate nominated by such party or independent group for such election, so however, that such powers shall not be delegated to more than one candidate in respect of each polling division. Any delegation under this subsection shall be notified in writing to the returning officer not later than seven days before the date of the poll.

(3) Where such secretary, authorized agent or group leader or candidate referred to in subsection (2) after in forming such presiding officer of the name of any polling agent appointed to act at such station, revokes the appointment of that polling agent and appoints another polling agent to such station, such secretary authorized agent or group leader or candidate, as the case may be shall inform such officer in writing of the revocation of such appointment and of the name and address of the new polling agent appointed to such station.

(4) Not more than two polling agents of each recognized political party or independent group shall at any time be admitted to or be allowed to remain in any polling station.

(5) No polling agent whose name has not been notified to the presiding officer as required by subsection (1) or sub section (3) shall be admitted to a polling station.

(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

(2) 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 secretary of a recognized political party and the candidates, the polling agents, the police officers on duty and other persons officially employed at the polling station ; provided that only one candidate from each recognized political party or independent group shall be admitted to the polling station at any one time.

(3) 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.

(4) Any person removed from a polling station under sub section (3) ”

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) Immediately before the commencement of the poll, the presiding officer at a polling station

The duties imposed on the presiding officer by the preceding provisions of this section shall be performed by him in such manner as to ensure that the poll is opened at the hour fixed by this Act.

(2) The provisions of paragraph (b) of subsection (1) shall apply to every ballot box which is to be used after the commencement of the poll.

(1) Each voter shall be given one ballot paper and shall have one vote.

(2) the ballot paper shall be delivered to the voter by the presiding officer or a person acting under his authority. Immediately the ballot paper is delivered to the voter”

(1) No ballot paper shall be delivered to a voter at an election”

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

(2) The presiding officer of a polling station shall enter on a list, substantially in from D set out in the First Schedule to this Act, 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 Act called the ” list of voters to Whom ballot papers are not delivered under section 36 “.

(3) In this section”

(1) 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 in the Third Schedule to this Act and fold the ballot paper so as to conceal his vote, and shall then show to the presiding officer the reverse of the paper, so as to disclose the official mark, and put the ballot paper, so folded, into the ballot box in the presence of the presiding officer.

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

(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 polling agents, if present, the method of voting specified in the directions given for the guidance of voters in the Third Schedule to this Act, 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 recognized political party or independent 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 given for the guidance of voters in the Third Schedule to this Act 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.

(a) votes in more than one administrative district or ask for a ballot paper for the purpose of so voting ; or

(b) votes more than once in the administrative district or ask for a ballot paper for the purpose of so voting,

he shall be guilty of an illegal practice under this Act.

(1) The presiding officer at any polling station may in his discretion, and, if required so to do by a polling agent, shall, require any voter, before he is given a ballot paper, to make and subscribe all or any of the declarations in forms E, F and G set out in the First Schedule to this Act. Every such declaration shall be exempted from stamp duty.

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

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

(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.

(2) The packets shall be accompanied by a statement substantially in form J set out in the First Schedule to this Act (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 then under the heads of”

(1) Subject to the general or special directions of the Commissioner, each returning officer shall appoint, and may revoke the appointment of, a counting officer to be in charge of the counting of votes at each counting centre, and such number of assistants and clerks and other officers to assist such counting officer in the performance of his duties.

(2) The returning officer may, if he thing fit, perform the duties of a counting officer and the provisions of this Act, relating to a counting officer shall apply to such returning officer.

(1) the Secretary of each recognized political party or its authorized agent or a group leader may appoint”

(2) Any candidate to whom the power of appointing polling agents has been delegated under section 32 may, in like manner, be delegated the power of appointing counting agents in respect of any counting centre referred to in paragraph (b) of subsection (1).

(3) Notice in writing stating the names, addresses and national identity card numbers of the persons appointed under subsection (1) or subsection (2) shall be given by the secretary of such recognized political party or its authorized agent or the group leader or the candidate referred to in subsection (2), to the counting officer before the counting of votes commences. The counting officer may refuse to admit to the counting centre any counting agent whose name, address and identity card number have not been so given and who does not produce a letter from the returning officer authorizing him to be present as that counting centre.

(1) The counting officer shall commence the counting of votes after he has received all the ballot boxes from every polling station assigned to his counting centre under section 48.

(2) Before the counting officer proceeds to count the votes, he or a person authorized by him shall, in the presence of such of the counting agents as attend”

(3) The counting officer, while counting the votes, shall Keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the reverse of such papers.

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

(5) The counting officer shall not count the tendered ballot papers but shall place them in separate packets according to the recognized political party or independent group they support and shall mark each packet with the name of such party or the words “Independent Group ” and the distinguishing number, if any, of such group, as the case may be, and hand over such packets to the returning officer.

(6) The counting officer, his assistants and clerks and the counting agents but no other person except with the consent of the counting officer may be present at the counting of the votes.

(1) Any 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 which he give his vote, the counting officer shall not reject the ballot paper under sub-section (1) on the ground solely that it has not been marked in all respects in accordance with the directions given to the guidance of voters in the Third Schedule to this Act.

(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 section the counting officer shall show it to each counting agent if present and hear his views thereon.

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

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

(6) 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.

(7) 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 a separate statement, in words as well as figures, of the number of preferences indicated for every candidate nominated by each such party or group, and each such statement shall be certified by the counting officer and witnessed by one of his assistants and clerks and the agents of any party or group as are present and desire to sign.

(8) The preferences indicated by a voter in his ballot paper for the candidates nominated by a recognized political party or independent group shall be disregarded if such voter has indicated preferences for more than three candidates nominated by such party or group.

(9) Where a voter indicates in his ballot paper more than one preference for a candidate nominated by a recognized political party or independent group, all the preferences so indicated shall be regarded as one preference.

(10) Any preference indicated by a voter in his ballot paper which is void for uncertainty as to the candidate for whom it is indicated shall be rejected.

(11) Before the counting officer makes a written statement referred to in subsection (7), 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.

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

(a) the counted ballot papers ;

(b) the rejected ballot papers ;

(c) the tendered ballot papers ;

(d) the ballot paper account;

(e) the packets referred to in paragraphs (c) to (f) of section 45 (1) ;

(f) the record of the count under subsection (2) (b) of section 50 ;

(g) the statement under section 51 (6) ; and

(h) the written statement under section 51 (7) of the number of votes given to each recognized political party or independent group and the number of preferences secured by each candidate nominated by each such party or group.

(1)

(2) Where the remaining number of votes polled by each recognized political party or independent group contesting on election is less than the resulting number referred to in paragraph (d) of subsection (1), the party or group which has polled the highest number of votes shall be entitled to have the candidate from that party or group who has secured the highest number of preferences declared elected and if there are one or more members yet to be declared elected. the party or group having the next highest number of votes polled shall be entitled to have the candidate from that party or group who has secured the highest number of preferences declared elected and so on until all the members to be elected for the Provincial Council from the administrative district are declared elected under the provisions of this subsection.

(3) Where under subsection (1) or subsection (2) equality of votes is found to exist between the by two or more recognized political parties or two independent groups or any combination of them and the addition of a vote would entitle the candidates of one such recognized political party or independent group to be elected, the determination of the party or group to which such additional vote shall be deemed to have been given shall be made by lot drawn in the presence of the returning officer in such manner as he may, in his absolute discretion, determine.

(4) 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.

(5) Where a recognized political party or independent group is entitled, under the preceding provisions of this section, to have one of the candidates nominated by it declared elected as a member but none of the candidates nominated by it or none of the candidates remaining on the nomination paper submitted by it, have secured any preferences the returning officer shall call upon the secretary of such political party or the group leader of such group to decide within a period to be specified by the returning officer, which of the candidates nominated by such party or group or which of the candidates remaining on the nomination paper submitted by it shall be declared elected as member. If such secretary or group leader communicates his decision to the returning officer within the period specified by the returning officer, the returning officer shall declare elected as member, the candidate specified in such decision. If on the other hand, such secretary or group leader fails to communicate his decision to the returning officer within the period specified by the returning officer, the returning officer shall declare elected as member, the candidate whose name appear next in the nomination paper submitted by such party or group.

(6) For the purposes of this section and section 65, where two or more candidates nominated for election to a Provincial Council from an administrative district, by a recognized political party or an independent group, have secured an equal number of preferences at such election and the addition of a preference shall entitle one such candidate to be elected as a member of such Provincial Council, the determination of the candidate to “,whom such additional preference shall be deemed to have been given shall be made by lot drawn in the presence of the returning officer in such manner as he may, in his absolute discretion, determine.

(1) The returning officer shall retain the packets and aIl documents forwarded to him under section 53 for a period of six months reckoned from the date of the receipt thereof and thereafter shall cause the said packets and documents to be destroyed unless otherwise directed by the Commissioner.

(2) The Court of Appeal may make an order that any ballot paper or other document relating to an election Which has been sealed as required by this Act be inspected, copied or produced at such time and place and subject to such conditions as the Court may deem expedient, but shall not make such an order unless it is satisfied that such inspection, copying or production is required for the purpose of instituting or maintaining a prosecution or any other legal proceedings in connection with the election. Save as aforesaid, no person shall be allowed to inspect any such ballot paper or document while it is in the custody of the returning officer.

(1) After all the members of a Provincial Council to be elected from the several administrative districts in the province have been declared elected at a general election held under this Act, the Commissioner shall, from the written statements prepared under subsection (7) of section 51 in respect of all the administrative districts in the province, add up and determine the number of votes given, for each recognized political party or independent group, in the province.

(2) The recognized political party or independent group polling the highest number of votes in the province shall be entitled to have two more of its candidates declared elected as members of the Provincial Council. The Commissioner shall, after making his determination under subsection (1), call upon the secretary of the recognized political party or the group leader of the independent group polling the highest number of votes in the province to nominate two persons as members of the Provincial Council, from among the candidates nominated by that party or group for election to that Provincial Council and who have not been elected to such Council. Upon receipt of a nomination from such secretary or group leader, the Commissioner shall declare the persons named in the nomination elected as members of the Provincial Council and shall cause their names to be published in the Gazette.

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

(2) Where the seat or office of a member of a Provincial Council elected from an administrative district becomes vacant by reason of the operation of the provisions of subsection (1), the provisions of section 65 shall apply for the purpose of filling the vacant seat or office.

(1) Where a member of a Provincial Council ceases, by resignation, expulsion or otherwise, to be a member of a recognized political party or independent group on whose nomination paper his name appeared at the time of his becoming such member, his seat shall become vacant upon the expiration of a period of one month from the date of his ceasing to be such member:

Provided that in the case of the expulsion of a member of a Provincial Council his seat shall not become vacant if prior to the expiration of the said period of one month he applies to the Court of Appeal by petition in writing and the Court of Appeal upon such application determines that such expulsion was invalid. Such petition shall be inquired into by three Judges of the Court of Appeal who shall make their determination within two months of the filing of such petition. Where the Court of Appeal determines that the expulsion was valid the vacancy shall occur from the date of such determination.

(2) Where the seat of a member of a Provincial Council elected from an administrative district becomes vacant by the operation of subsection (1) or the provisions of the Provincial Councils Act, the provisions of section 65 shall apply to the filling of such vacancy.

(1) Where the office of a member of a Provincial Council becomes vacant due to death, resignation or any other cause the Secretary of the Provincial Council shall inform the Commissioner the fact of the occurrence of vacancy. The Commissioner shall fill such vacancy the manner hereinafter provided.

(2)If the office of a member falls vacant due to death, resignation or for any other cause, the Commissioner shall all upon the secretary of the recognized political party or the group leader of the independent group to which the member vacating office belonged, to nominate within a period to be specified by the Commissioner, a person eligible under this Act for election as a member of that Provincial Council, to fill such vacancy. If such secretary or group leader nominates within the specifics period an eligible person to fill such vacancy and such nomination is accompanied by an oath or affirmation, as the case may be, in the form set out in the Seventh Schedule to the Constitution, taken and subscribed or made and subscribed, as the case may be, by the person nominated to fill such vacancy, the Commissioner shall declare such person elected as a member of that Provincial Council from the administrative district in respect of which the vacancy occurred. If on the other hand, such secretary or group leader fails to make s nomination within the specified period, the Commissioner shall declare elected as member, from the nomination paper submitted by that party or group for the administrative district in respect of which the vacancy occurred, the candidate who has secured the highest number of preferences at the election of members to that Provincial Council, nest to the last of the members declared elected to that Provincial Council from that party or group. The Commissioner shall cause the name of the member as declared elected to be published in the Gazette.

(3) Where all the candidates whose names were on such nomination paper have been declared elected or where none of the candidates whose names remain on such nomination paper, have secured any preferences or where the member vacating office was not elected from an administrative district, the Commissioner shall forthwith inform the President who may, on receipt by him of such information and at any stage when he considers, it expedient to dc so, by Order published in the Gazette, direct the Commissioner to hold an election to fill such vacancy. The provisions of this Act shall apply to, and in relation to, an election held under this section. Every person elected as a member of a Provincial Council at an election held in pursuance of an Order made by the President under this section shall hold office for the unexpired period of the term of office of the member whom he succeeds.

(a) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the returning officer any nomination paper knowing the same; to be forged ; or

(b) forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper ; or

(c) without due authority supplies any ballot paper to any person; or

(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

(e) not being a person entitled under this Act to be in possession of any ballot paper which has been marked with the official mark in accordance with this Act, has any such ballot paper in his possession ; or

(ee) wilfully displays a marked ballot paper inside a polling station;

(f) puts into any ballot box other than the ballot paper which he is authorised by law to put in; or

(g) without due authority takes out of the polling station any ballot paper or is found in possession of any ballot paper outside a polling station ; or

(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 an election ; or

(i) without due authority prints any ballot paper or what purports to be or is capable or being used as a ballot paper at an election ; or

(j) manufactures, constructs, imports into the Republic, has in his possession, supplies or uses for the purposes of an election, or causes to be manufactured, constructed, imported into the Republic, supplied or used for the purpose of an 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 during the polling at an election ; or

(k) wilfully makes a false statement in any application to be treated as a postal voter, under this Act or in any declaration of identity sent to him under the Postal Voters’ Regulations set out in the Second Schedule to this Act,; or

(l) without due authority destroys, takes, opens, or otherwise tampers or interferes with, any application to be treated as a postal voter, or any declaration of identity, or any covering envelope or ballot paper envelope within the meaning of the postal voters’ regulations set out in the Second Schedule to this Act; or

(m) without due authority prints any official poll card or what purports to be or is capable of being used as an official poll card at an election ; or

(n) without due authority places an appropriate mark on any voter at any election or what purports to be or is capable of being mistaken for that mark ; or

(o) fraudulently defaces an appropriate mark placed on any voter at an election without due authority ; or

(p) votes at an election knowing that he is legally in capable of, or disqualified from, so voting,

(1) No person shall vote at an election under this Act if such person is”

(2) Every person who contravenes 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 thousand rupees or to imprisonment of either description for a term not exceeding sis 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, under this Act do any of the following acts within the precincts, or a distance of half a kilometer of the entrance of that polling station :”

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

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

(a) shall, at any time during the period commencing from the first day of the nomination period in respect of an election and ending one week after the result of the poll taken at such election is declared by the returning officer under this Act, conduct, hold or take part in any procession, other than a procession on May 1 in the year, or any procession for religious or social purposes; or

(b) shall, at any procession held or conducted during the period referred to in paragraph (a), do any act or thing calculated to promote the election referred to in the said paragraph (a). Every person who contravenes any of the preceding provisions of this section shall be guilty of all 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.

(1) person who attempts to commit an offence specified in section 66 or section 67 or section 68 or section 69 or section 70 shall be liable to the punishment prescribed for that offence.

(2) Every offence under section 66 or section 67 or section 68 or section 69 or section 70 shall be a cognizable offence within the meaning of the Code of Criminal Procedure Act.

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

(4) A prosecution for the offence under section 66 or section 67 or section 68 or section 69 or section 70 shall not be instituted without the sanction of the Attorney-General.

(1) A person who is an authorized agent or a group leader at an election in any administrative district or is the agent of such authorized agent or group leader, shall not have”

(2) The use of the ordinary place of residence of any authorized agent or group leader or candidate referred to in subsection (1) as an election office shall be deemed not to be a contravention of the provisions of that subsection.

(3) Every person who contravenes the provisions of sub section (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.

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

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

(6) For the purposes of this section, the term ” notified ” in relation to any election office, means notified to the officer in charge of the police station for the area, and the returning officer for the administrative district in which that office is situated, before such office is established.

(1) During the period commencing from the first day of the nomination period at an election and ending on the day following the day on which a poll is taken at such election, no person shall, for the purpose of promoting such election display”

(2) Every person who contravenes 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, No- 15 of 1979, and may seize and remove any handbill, placard, poster, notice, drawing, symbol, photo graph of a candidate, sign flag or banner used in such contravention.

(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, drawing, symbol, photograph of a candidate,- sign, flag or banner used in such contravention.

(6) Where any flag, banner, handbill, placard, poster, drawing, notice, photograph, symbol or sign is displayed on contravention of the provisions of subsection (1), any candidate at such election, secretary of a recognized political party contesting such election or other interested party may apply to the Magistrate’s Court within the jurisdiction of which such contravention has occurred, for an order requiring the owner of any premises or vehicle used in such contravention or a police officer, to forthwith remove the flag, banner, handbill, placard, poster, drawing, notice, photograph symbol or sign displayed in contravention of subsection (1).

(1) Any candidate or a member or the family of a candidate, who, at any time during the period commencing on the last day of the nomination period and ending on the day immediately following the day of the poll, visits the residence of any elector for the purpose of”

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.

(2) For the purposes of this section, “member of the family” means the spouse, son, daughter or parent, of a candidate, or the spouse of the son or daughter of a candidate.

(1) No person shall canvass for, or act as agent of, or speak on behalf of, a candidate, or in any way participate in an election, if such person is-

(2) No candidate shall engage a person as his canvasser or agent, or to speak on his behalf knowing that such person is”

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

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

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

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

(4) Every officer, clerk, candidate, and agent in attendance at the counting of the votes shall maintain, and aid in main training, the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the reverse of any ballot paper or communicate any information obtained at such counting as to the recognized political party or in dependent group for which any vote is given by any particular ballot paper.

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

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

(7) Every person who is convicted of an offence under this section shall, by such 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.

(1) Every person who at any election”

shall be guilty of the offence of personation which shall be a cognizable offence within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979.

(2) For the purposes of this section, a person who”

shall be deemed to have voted.

(1) Every person who directly or indirectly, by him- self 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, or on account of such person having voted or refrained from voting at an election under this Act, or who by abduction, duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any elector, or thereby compels, induces, or prevails upon any elector either to give or refrain from giving his vote at such election shall be guilty of the offence of undue influence.

(2) Every person who, at any time during the period commencing from the first day of the nomination period at any election under this Act and ending on the day following the date of the poll at such election”

shall be guilty of the offence of undue influence.

(3) Any member or official of a religious order or organization”

in order to induce or compel such member or adherent to vote or refrain from voting for any recognized political party or independent group at an election, under this Ad or to support or refrain from supporting any political party or independent group at such election, or on account of such member or adherent having voted or refrained from voting for a recognized political party or independent group a: such election, or having supported or refrained from sup porting any such recognized political party or independent group at such election, shall be guilty of the offence of undue influence.

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

in order to induce or compel such other person to vote or refrain from voting for any recognized political party or independent group at an election under this Act 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 sup-porting any recognized political party or independent group at such, election, shall be guilty of the offence of undue influence.

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

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

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

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

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

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

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

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

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

(1) Every person who-

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

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

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

(1) Where a corrupt practice is committed in connection with an election under this Act by any candidate who was not elected as a member at the election or with his knowledge or consent or by any of his agents, such candidate shall on conviction by a Magistrate be liable, in the case of the offence of personation, to imprisonment for a term not exceeding twelve months, and, in any other case, to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment:

Provided, however, that such candidate shall not be convicted of such corrupt practice under this section consisting of the offence of treating or undue influence committed by any of his agents if he proves to the Magistrate”

(2) Every person who is convicted of a corrupt practice 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 as a member of a Provincial Council, and if at that date he has been so elected, his election shall be vacated from the date of such conviction.

(3) A prosecution for a corrupt practice under this section shall not be instituted against any candidate at an election under this Act who was not elected as a member at such election except with the sanction of the Attorney- General.

(4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected as a member at an election under this Act from being prosecuted for a corrupt practice in connection with such election under section 82.

(1) No payment or contract for payment shall, at an election under this Act, be made”

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

(3) Subject to any such express exceptions as are or may be made by or under this Act, a person shall not let, lend, employ, hide, borrow or use, or aid or abet any other person to let, lend, employ, hire, borrow or use, any vehicle, vessel or animal, in any administrative district during the period commencing one hour before the time of the opening of the poll at an election in that area, and ending one hour after the time of the closure Of such poll”

(4) Notwithstanding anything in the preceding provisions of this section”

(5) Where at any poll taken in any administrative district any police officer, either of his own motion or after an investigation which he is hereby required to carry out on the complaint of any person, is satisfied that any vehicle, vessel or animal is being used in contravention of the provisions of subsection (1) or subsection (3), that officer shall stop and seize such vehicle, vessel or animal, and take it police station and detain it until the conclusion of the

(6) A Magistrate may, on the conviction of any person for the commission at an illegal practice within the meaning of this section, make order declaring that any vehicle, vessel or animal used in or the connection with the commission of such practice shall be forfeited to the Republic.

(1) Where there is published in any newspaper any 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 illegal practice 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 function in such capacity and in all the circumstances.

(2) In this section, the term “newspaper” includes any Journal magazine, pamphlet or other publication.

(1) No person shall, for the purpose of promoting an election under this Act, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except for the purpose or in the capacities following: ”

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

(1) Every person who commits an illegal practice shall on conviction by a Magistrate be liable to a fine not exceeding three hundred rupees and shall on conviction become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Act or being elected as a member of a Provincial Council, and if at that date he has been elected as a member of a Provincial Council, his election shall be vacated from the date of such conviction.

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

(1) Where an illegal practice is committed in connection with an election under this Act by any candidate who was not elected as a member at the election or with his knowledge or consent or by any of his agents such candidate shall on conviction by a Magistrate be liable to a fine not exceeding three hundred rupees :

Provided, however, that such candidate shall not be convicted of such illegal practice under this section committed by any of his agents if he proves to the Magistrate”

(2) Every person who is convicted of an illegal practice under this section, shall, by conviction, become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Act or of being elected as a member of a Provincial Council, and if at that date he has been elected as a member of a Provincial Council, his election shall be vacated from the date of such conviction.

(3) A prosecution for an illegal practice under this section shall not be instituted against any candidate at an election under this Act who was not elected as a member at such election except with the sanction of the Attorney- General.

(4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected as a member at an election under this Act from being prosecuted for an illegal practice in connection with such election under section 88.

(1) The election of a candidate as a Member is avoided by his conviction for any corrupt or illegal practice.

(2) Where the election of a person as a member of a Provincial Council is declared void, he shall be disqualified from sitting or voting in such Provincial Council.

(1) The election in respect of any administrative district shall be declared to be void on an election petition on the following grounds which may be proved to the satisfaction of the Election Judge, namely”

(2) The election of a candidate as a Member of the Provincial Council 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 Election Judge, namely”

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

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

(a) a declaration that the election in respect of any administrative district is void ;

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

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

(1) A petitioner shall join as respondents to his election petition-

(2) Any candidate not already a respondent to an election petition shall, upon application in that behalf made by him to the Election Judge, be entitled to be joined as a respondent to such petition :

Provided that no candidate shall be entitled to be joined of his own motion as a respondent to such petition under the preceding provisions of this section unless he has given such security for costs as the Election Judge may determined.

(a) shall state the right of the petitioner to petition under section 95 of this Act;

(b) shall state the holding and result of the election ;

(c) shall contain a concise statement of the material facts on which the petitioner relies;

(d) shall set forth full particulars of any corrupt or illegal practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt or illegal practice and the date and place of the commission of such practice, and shall also be accompanied by an affidavit in support of the allegation of such corrupt or illegal practice and the date and place of the commission of such practice;

(e) shall conclude with a prayer as, for instance, that the election in respect of any administrative district should be declared void, and shall be signed by all the petitioners :

(1) The Election Judge may, upon such terms as to costs or otherwise as he may deem fit, allow the particulars of any corrupt or illegal practice specified in an election petition to be amended or amplified in such manner as may in his opinion, be necessary for ensuring a fair or effective trial of the petition so, however, that he shall not allow such amendment or amplification if it will result in the introduction of particulars of any corrupt or illegal practice not previously alleged in the petition.

(2) Every election petition shall be tried as expeditiously as possible and every endeavour shall be made to conclude the trial of such petition within a period of six months after the date of the presentation of such petition. The Election Judge shall make his order deciding such petition without undue delay after the date of the conclusion of the trial of such petition.

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

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

(1) An appeal to the Supreme Court shall lie against”

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

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

(4) Every appeal preferred under this .section shall, for the purposes of the application of the Stamp Duty Act, No. 43 of 1982, deemed to be an appeal in a civil action of the value of ten thousand rupees.

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

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

(1) At the time of the filing of a petition of appeal or within three days afterwards, security for the payment of all costs, charges and expenses that may become payable by the appellant shall be given on behalf of the appellant.

(2) The security shall be an amount of not less than ten thousand rupees. The security required by this section shall be given by a deposit of money.

(3) If the security as in this section provided is not given by the appellant, no further proceedings shall be had on the appeal, and respondent may apply to the Supreme Court for an order directing the dismissal of the appeal and for the payment of the respondent’s costs. The costs of hearing and deciding such application shall be paid as ordered by the Supreme Court and in default of such order shall from part of the general costs of the appeal.

(4) The deposit of money by way of security for the payment of the costs, charges and expenses payable by the appellant shall be made by payment to the Registrar of the Supreme Court which shall be vested in and drawn upon from time to time by the Chief Justice for the purposes for which security is required by this section.

(5) The Registrar of the Supreme Court shall keep a book open to the inspection of all parties concerned in which shall be entered from time to time the amount . the appeal to which it is applicable.

(6) Money so deposited shall, if and when the same is no longer needed for securing the payment of the costs, charges and expenses payable by the appellant, be returned or otherwise disposed of as justice may require by order of the Chief Justice.

(7) Such order may be made after such notice of intention to apply and proof that all just claims have been satisfied or Otherwise- sufficiently provided for as the Chief Justice may require,

(8) Such order may direct payment to the party in whose name the same is deposited or to any person entitled to receive the same.

(1) The Supreme Court may, upon any appeal preferred under section affirm, vary or reverse the determination or decision of the Election Judge to which the appeal relates.

(2) Where the Supreme Court reverses on appeal the determination of the election Judge under section 100 that Court shall decide whether the Member whose return or election was complained of in the election petition, was duly returned or elected, or whether the election was void, and a certificate of such decision shall be issued by that Court.

(3) The Supreme Court may, in the case of any appeal under section 102′ order that the election petition to which the appeal relates shall be tried anew in its entirety or in regard to any matter specified by that Court and give such directions in relation thereto as that Court may think fit.

(4) The Supreme Court may make any order which it may deem just as to the costs of the appeal and as to the costs of, and incidental to, the presentation of the election petition and of the proceedings consequent thereon, and may by such order reverse or vary any order, as to costs made by the Election Judge ; and the Supreme Court may make rules as to the award, taxation and recovery of costs in the Supreme Court.

(1) Where no appeal is preferred against the determination of an Election Judge under section 100 within the period hereinbefore specified in that behalf. the Election Judge shall transmit to the President the certificate of such court issued under that section, together with the report of such Judge made under section 101.

(2) Where an appeal is preferred to the Supreme Court under section 102 the Election Judge shall transmit to the Supreme Court the certificate of the Election Judge issued under that section together with the report of the Election Judge made under section 101.

(3) Where the determination of the Election Judge is reversed by the Supreme Court in appeal, the Supreme Court shall transmit to the President the certificate of the decision of that Court issued under section 104 together with”

(a) the report of the Election Judge made under section 101, if it is in the opinion of the Supreme Court not affected by the decision in the appeal; or

(b) if the Supreme Court considers it necessary, a report in respect of the matters referred to in section 101 made by the Supreme Court in accordance with the provisions of that section.

(a) the return or the election shall be confirmed ; or

(b) the return or the election shall be altered in accordance with such determination or decision, as the case may be ; or

(c) Where the determination or the decision is to the effect that the election in respect of any administrative district is to be declared void, the President shall, within one month of the receipt of such certificate, by Order published in the Gazette require the holding of an election in respect of that administrative district.

(1)

(2) It shall be the duty of every registering officer forthwith to peruse every such report which is published in the Gazette under subsection (1), and forthwith to delete from the register of electors the name of every person appearing from the report to be incapable of voting at election.

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

Provided that an election petition questioning the return or the election upon the ground of a corrupt or illegal practice and specifically alleging a payment of money or other act to have been made or done since the date aforesaid by the member whose election is questioned or by an agent of the member or with the privity of the member in pursuance or in furtherance of such corrupt or illegal practice may, so far as respects such corrupt or illegal practice, be presented at any time within twenty-eight days after the date of such payment or act.

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

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

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

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

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

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

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

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

then the election of such candidate shall not, by reason of the offences mentioned in such report, be void, nor shall the candidate be subject to any incapacity under this Act.

(a) that any act or omission of a candidate at an election, or of any of his agents or other person, would, by reason of being a payment, engagement, employment, or contract in contravention of this Act or of otherwise being in contravention of any of the provisions of this Act, be but for this section an illegal practice; and

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

and in the circumstances it seems to the Judge, after giving the candidates, the returning officer, and any elector within the electoral district an opportunity of being heard, to be just that the candidate in question and his agent or other person, or any of them should not be subject to any of the consequences under this Act of the said act or omission, the Judge may make an order allowing such act or omission to be an exception from the provisions of this Act which would otherwise make the same an illegal practice, payment, employment, or hiring, and thereupon such candidate, agent or person shall not be subject to any of the consequences under this Act of the said act or omission.

(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 a good any damage done to, and defray any expense incurred by the person having control over, any such school or portion thereof as aforesaid by reason of its being used as a polling station.

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

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

(1) Any person, being the employer of any other person who is entitled to vote in person at an election, 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 four hours in duration) as that person may deem sufficient to enable such other person to vote in person 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 117, 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 sub section (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 124 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 sub-section (1) in respect of any premises shall be determined by taking into consideration”

(3) where any person entitled to compensation under .his section is aggrieved by decision of the commissioner in regard to the amount of the compensation, that person may appeal in writing to the Court of Appeal from that decision.

(a) exercise general direction and supervision over the administrative conduct of elections under this Act;

(b) have power to issue to Deputy and Assistant Commissioners of Elections, returning officers, presiding officers and other election officers such directions as he may deem necessary to ensure active execution of the provisions of this Act;

(c) execute and perform all other powers and duties which are conferred and imposed upon him by or under this Act.

(a) as if for subsection (3) of section 15, there were substituted the following : ”

(b) The total number of votes polled at the election is hereinafter referred to as the ” relevant number of votes “.

(c) The relevant number of votes shall be divided by the number of members to be elected from the administrative district. The whole number resulting from such division (any balance votes not being taken into account) hereinafter referred to as the ” resulting number “.

(d) The number votes polled by each recognised political party and independent group beginning with the party or group which received the highest number of votes, shall be divided by the resulting number and the returning officer shall declare elected from each such party or group, in accordance with the number of preferences secured by each of the candidates nominated by such party or group (the candidates securing the highest number of preferences being declared elected first, the candidate securing the next highest number of preferences being declared next and so on), such number of members as is equivalent to the whole number resulting from the division by the resulting number of the votes polled by such party or group. The remainder of the votes, if any, after such division, shall be dealt with, if necessary, under para graph (e).

(e) Where after the declaration of the election of members as provided in paragraph (d) there are one or more members still to be declared elected, such member or number of members shall be declared elected on the remainder of the votes referred to in paragraph (d) to the credit of such party or group after the declaration made under that paragraph and the votes polled by any party or group not having any of its candidates elected under paragraph (d), the candidate nominated by the party or group having the highest of such votes, who has secured the highest and next highest number of preferences being declared a member and so on until all the members to be elected are declared elected.

(2) Where the number of votes polled by each recognized political party or independent group contesting on election is less than the resulting number referred to in paragraph (c) of subsection (1), the party or group which has polled the highest number of votes shall be entitled to have the candidate from that party or group who has secured the highest number of preferences declared elected and if there are one or more members yet to be declared elected, the party or group having the next highest number of votes polled shall be entitled to have the candidate from that party or group who has secured the highest number of preferences declared elected and so on until all the members to be elected for the Provincial Council from the administrative district are declared elected under the provisions of this subsection.

(3) Where under subsection (1) or subsection (2) an equality of votes is found to exist between the votes polled by two or more recognized political parties or two or more independent groups or any combination of them and the addition of a vote would entitle the candidates of one such recognized political party or independent group to be elected, the determination of the party or group to which such additional vote shall be deemed to have been given shall be made by lot drawn in the presence of the returning officer in such manner as he may, in his absolute discretion, determine.

(4) 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.

(5) Where a recognized political party or independent group is entitled, under the preceding pro visions of this section, to have one of the candidates nominated by it declared elected as a member but none of the candidates nominated by it or none of the candidates remaining on the nomination paper submitted by it, have secured any preferences. the returning officer shall call upon the secretary of such political party or the group leader of such group to decide within a period to be specified by the returning officer, which of the candidates nominated by such party or group or which of the candidate-remaining on the nomination paper submitted by it shall be declared elected as member. If such secretary or group leader communicates his decision to the returning officer within the period specified by the returning officer, the returning officer shall declare elected as member, the candidate specified, in, such decision- If on the other hand, such secretary or group leader fails to communicate his decision to the returning officer within the period specified, by the returning officer, the returning officer shall declare elected as member, the candidate whose name appear next in the nomination paper submitted by such party or group.

(6) For the purposes of this section and section 65, where two or more candidates nominated for election to a Provincial Council from an administrative district, by a recognized political party or an Independent group, have secured an equal number of preferences at such election and the addition of a preference shall entitle one such candidate to be elected as a member of such Provincial Council, the determination of the candidate to whom such additional preference shall be deemed to have been given shall be made by lot drawn in the presence of the returning officer in such manner as he may, in his absolute discretion, determine “.