Provincial Councils Elections (Amendment)



Provincial Councils Elections (Amendment)
AN ACT TO AMEND THE PROVINCIAL COUNCILS ELECTIONS ACT, NO. 2 OF 1988

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :

[18th March
, 1993
]
Short title.

1. This Act may be cited as the Provincial Councils Elections (Amendment) Act, No. 7 of 1993.

Amendment of Act No. 2 of 1988.

2. Section 15 of the Provincial Councils Elections Act, No. 2 of 1988 (hereinafter referred to as the “principal enactment “) is hereby amended by the repeal of subsection (3) thereof, and the substitution therefor, of the following subsection :

“(3) Where none of the candidates nominated by an independent group for an administrative district are elected to the Provincial Council from that 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 ease, 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.”.

Insertion of new section 125A in principal enactment

3. The following new section is hereby inserted immediately after section 125 of the principal enactment, and shall have effect as section 125A of that enactment:

” Procedure for casting vote where there is a reasonable fear of inability to cast vote at a given polling station.

125A.

(1) Notwithstanding the provisions of any other law, any registered elector who is compelled by conditions prevailing in the area within which his polling station is situate to reside outside such area, and who reasonably fears that he would be unable to cast his vote at such polling station may make an application to the Commissioner of Election within one week of the notice of nomination, requesting that he may be allowed to cast his vote at another polling station determined by the, Commissioner, in his absolute discretion.

(2)The Commissioner shall within a week of receipt of an application, inform such elector whether such application is accepted or rejected. The decision of the Commissioner shall be final and conclusive and shall not be called in question in any court of law.

(3) Where such a vote is cast, such vote shall be counted along with the votes of the elector district where such elector is registered.

Sinhala text to prevail in case of inconsistency.

4. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail