CEYLON (PARLIAMENTARY ELECTIONS) ORDER IN COUNCIL

Arrangement of Sections

PART I

Preliminary

1. Short title.

2. Date of operation.

3. Interpretation.

PART II

Qualifications of Electors

4. Circumstances disqualifying for registration.

4A. Additional disqualifications for registration or voting.

5. General qualification for electors.

6. Entry or retention of names in registers under qualifying addresses.

7. Repealed.

8. Restriction on plural voting.

PART III

Registration of Electors and Revision of Registers

9. Appointment of registering and Revising Officers.

10. Polling districts and polling stations.

11. Repealed.

12. Repealed.

13. Repealed.

14. Repealed.

15. Preparation of registers on alteration of electoral districts.

15A. Notice of completion of preparation of a register of electors.

15B. Claims and objections.

15C. Appeals to Revising Officer.

15D. Claims for registration made by persons in respect of other persons.

15E. Power of Registering Officer to substitute correct qualifying addresses for incorrect qualifying addresses.

15F. Certification of registers prepared under section 15(1).

15G. Offences in respect of the preparation of registers.

16. Revision of registers.

17. Repealed.

18. Method of revising register.

19. Claims and objections at revision of register.

20. Certification of revised register.

21. Notices by registering and Revising Officers and adjournments.

22. Notice of certification of register and commencement and period of operation.

22A. Language of the registers of electors and the lists prepared for the purpose of revising such registers.

22B. Reinsertion of name deleted from register of electors.

22C. Issue of official identity cards.

23. Penalty for false statements and wrongful claims.

PART IV

Elections

24. Number of Members to be returned for each electoral district.

25. Returning officers.

26. Power to order elections.

27. Nomination day.

27A. Special provisions regarding the registers to be used at elections.

28. Nomination papers.

28A. Recognised political parties for the purpose of elections.

28B. Mode of reference in the succeeding provisions of this Order to political parties which are entitled to be treated as recognised political parties for the purpose of elections.

28C. Notice of intention to contest elections and of authorised agents.

28D. Change of approved symbols of recognised parties.

28E. Right of recognised parties for purpose of elections to have official candidates.

28F. Certificate of official candidature.

28FF. Determination of any doubt or question with regard to certificates of official candidature.

28G. Power of Commissioner to direct which one of the rival sections of a recognised party for the purpose of elections is that party.

29. Deposits by candidates.

30. Proceedings on nomination day.

31. Objections to nomination papers.

32. Persons entitled to be present at nomination.

33. Withdrawal of candidature.

34. Uncontested elections.

34A. New nomination day to be fixed if no candidates stands nominated.

CONTESTED ELECTIONS

35. Contested elections.

35A. Official poll card.

36. Presiding officers.

37. Facilities to be provided at polling stations.

38. Registers of electors to be conclusive evidence of right to vote.

39. Admittance to polling station.

40. Poll by ballot and ballot papers.

41. Ballot boxes.

42. Voting in person.

42A. Voting by post.

43. Declarations by voters.

43A. Production of official identity cards.

44. Spoilt ballot papers.

45. Tendered votes.

46. Closing of poll.

47. Procedure on closing of poll.

47A. Disturbances at polling stations.

48. Counting votes.

48A. Counting of votes at election where poll is disturbed.

49. Votes to be rejected.

49A. Special provisions relating to powers, duties or functions under section 48 or section 49.

50. Publication of results in the Gazette.

51. Failure to comply with provisions of Order.

52. Offences.

52A. Printing, of election publications by persons other than candidates and election agents.

52AA. Election offices.

52B. Provisions relating to display of handbills, posters.

53. Maintenance of secrecy at elections.

CORRUPT PRACTICES

54. Personation.

55. Treating.

56. Undue influence.

57. Bribery.

58. Punishment and incapacities for corrupt practice.

58A. False reports in newspapers.

58B. Special provisions relating to punishment and incapacity for a corrupt practice by an unsuccessful candidate at any election.

ELECTION AGENT, ELECTION EXPENSES AND ILLEGAL PRACTICES

59. Nomination of election agent.

60. Repealed.

61. Making of contracts through election agent.

62. Payment of expenses through election agent.

63. Period for sending in claims and making payments for election expenses.

64. Remuneration of election agent.

65. Personal expenses of candidate and petty expenses.

66. Expenses in excess of maximum to be illegal practice.

67. Certain expenditure to be illegal practice.

68. Certain employment to be illegal.

68A. Printing of election publications by candidates and election agents.

68B. False declaration as to election expenses.

69. Saving for creditors.

70. Return and declaration respecting election expenses.

71. Publication of deposit of return.

72. Punishment for conviction, for illegal practice.

72A. Special provisions relating to punishment and incapacity for an illegal practice by an unsuccessful candidate at any election.

EXCUSE FOR CORRUPT OR ILLEGAL PRACTICE

73. Report exonerating candidate in certain cases of corrupt and illegal practice by agents.

73A. Repealed.

74. Power of Election Court to except innocent act from being illegal practice.

75. Authorised excuse for non-compliance with provisions as to return and declaration respecting election expenses.

GROUNDS FOR AVOIDING ELECTIONS

76. Avoidance by conviction of candidate.

77. Avoidance of election on election petition.

PART V

Election Petitions

78. Appointment and Power of Election Judge.

78A. Place of trial of an election petition.

78B. Repealed.

79. Who may present petition.

80. Relief which may be claimed.

80A. Parties to a petition.

80B. Contents of the petition.

80C. Special provisions relating to the procedure before an Election Judge.

81. Determination of Election Judge.

82. Report of Judge as to corrupt or illegal practice.

82A. Appeal on question of law against determination under section 81 and any other decision of Election Judge which finally disposes of election petition.

82AA. Security by appellant for costs of appeal.

82B. Powers of the Supreme Court in appeals.

82C. Transmission to Governor-General of certificate and report.

82D. Effect of certificate and report.

83. Time for presentation.

84. Prohibition of disclosure of vote.

85. Votes to be struck off at a scrutiny.

86. Procedure and practice on election petitions.

87. Rejection of ballot paper by returning officer to be final.

PART VI

General

88. Commissioner of Parliamentary Elections.

88A. Department of Parliamentary Elections.

89. Inaccurate description of places and persons.

90. Publication of notices.

91. Duty of employers to grant leave to enable employees to vote.

92. Use of schools as polling stations.

92A. Requisitioning of premises for use as polling stations.

92B. Compensation for requisitioning premises.

92C. Candidate's right to send matter relating to election post free.

93. Power to make orders, to meet difficulties arising under Order.

94. Power to revoke and amend Order.

94A. Special provision to enable reprints of this Order to be made and authenticated.

94B. Power of Commissioner to make regulations and rules.

95. Revocation.

SCHEDULES

19 of 1948,

48 of 1949,

38 of 1950,

7 of 1952,

19 of 1953,

26 of 1953,

36 of 1954,

16 of 1956,

10 of 1964,

9 of 1970,

45 of 1983,

8 of 1984,

36 of 1984.

[Date of Commencement: 26th September, 1946]

PART I

Preliminary

1. Short title.

This Order may be cited as the Ceylon (Parliamentary Elections) Order in Council.

2. Date of operation.

This Order shall be published in the Gazette and shall come into operation on the date.1

3. Interpretation.

(1) In this Order, unless the context otherwise requires—

"candidate” means a person who is nominated as a candidate at an election or is declared by himself to be or acts as a candidate for election to any seat in the House of Representatives;

"Commissioner” means the Commissioner of Parliamentary Elections appointed under the Ceylon (Constitution) Order in Council, 1946;

"election” means an election for the purpose of electing a Member of the House of Representatives;

"elector” means a person who, pursuant to this Order, is entitled to be registered as an elector to vote at an election;

"electoral district” means an electoral district specified in the Proclamation for the time being in force under section 43 of the Ceylon (Constitution) Order in Council, 1946;

"general election” means the first general election of Members of the House of Representatives or a general election of Members after dissolution of Parliament;

"House of Representatives” means the House of Representatives constituted by the Ceylon (Constitution) Order in Council, 1946;

"Island” means the Island of Ceylon and the dependencies thereof;

"Member” or "Member of Parliament” means a Member of the House of Representatives;

"Parliament” means the Parliament of the Island;

"Proclamation” means a Proclamation by the Governor-General published in the Gazette;

"register” or "register of electors” means the register of electors for any particular electoral district;

"Secretary of State” means one of Her Majesty's Principal Secretaries of State;

"Senator” means a member of the Senate;

"State Council” means the State Council constituted by the Ceylon (State Council) Order in Council, 1931;

"voter” means a person who, whether his name does or does not appear in a register of electors, applies to vote, or votes, at an election.

[S 3(1) am by s 6 of Act 8 of 1964.]

(2) Any reference in this Order to an Order in Council shall be construed as a reference to that Order as amended or modified by any subsequent Order.

(3) In the interpretation of this Order, the provisions of the Interpretation Ordinance, other than the definition of "the Government”, shall, subject to the express provisions of this Order, and notwithstanding any provision to the contrary in that Ordinance, apply as it applies for the interpretation of an Ordinance of the State Council.

PART II

Qualifications of Electors

4. Circumstances disqualifying for registration.

(1) No person shall be qualified to have his name entered or retained in any register of electors in any year if such person—

(a) is not a citizen of Ceylon, or if he is by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to any foreign Power or State which is not a member of the Commonwealth; or

(b) was less than eighteen years of age on the first day of June in that year; or

[S 4(1)(b) am by s 2 of Act 11 of 1959.]

(c) was not, on the first day of June in that year, ordinarily resident in the electoral district to which the register relates; or

[S 4(1)(c) subs by s 2 of Act 10 of 1964.]

(d) is serving a sentence of imprisonment for an offence punishable with imprisonment for a term exceeding twelve months, or is under sentence of death or is serving a sentence of imprisonment awarded in lieu of execution of a sentence of death; or

(e) is, under any law in force in the Island, found or declared to be of unsound mind; or

(f) is incapable of being registered as an elector by reason of his conviction of a corrupt or illegal practice or by reason of the report of an election Judge in accordance with this Order, or by reason of his conviction of an offence under subsection (1) of section 52 or section 53 of this Order, or by reason of the operation of section 4A of this Order.

[S 4(1)(f) am by s 2 of Act 10 of 1964.]

(g) .

[S 4(1)(g) rep by s 2 of Act 10 of 1964.]

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

[S 4(2) subs by s 2 of Act 10 of 1964.]

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

[S 4(3) ins by s 2 of Act 10 of 1964.]

4A. Additional disqualifications for registration or voting.

A person shall, at any time, be incapable of being registered as an elector or of voting at an election under this Order if such person—

(a) is, at that time, disqualified by section 5 of the Public Bodies (Prevention of Corruption) Ordinance from voting at an election of members of any public body as defined in that Ordinance, by reason of a conviction, or of a finding of a Commission of inquiry, referred to in that section; or

(b) has during a period of five years immediately preceding that time been convicted of an offence under the provisions of any of the following sections of the Local Authorities Elections Ordinance, namely, sections 77 to 82 (both inclusive); or

[S 4A(b) am by s 2 of Act 9 of 1970.]

(c) is, at that time, disqualified for being elected or appointed as a Senator or a Member of the House of Representatives, or for sitting or voting, in the Senate or the House of Representatives, under section 13(3)(k) of the Ceylon (Constitution) Order in Council, 1946.

[S 4A(c) ins by s 2 of Act 9 of 1970.]

5. General qualification for electors.

Subject to the provisions of section 6, every person not otherwise disqualified shall be qualified to have his name entered or retained in a register of electors.

[S 5 am by s 3 of Act 10 of 1964.]

6. Entry or retention of names in registers under qualifying addresses.

The name of a person shall be entered or retained in the register for any electoral district in any year under his qualifying address, and accordingly such person shall not be entitled to have his name so entered or retained under any other address:

Provided, however, that the registration of such person as an elector shall not be deemed or construed to be invalid or of no effect by reason only of the failure to comply with the preceding provisions of this section in respect of the entry or retention of his name in such register.

[S 6 ins by s 4 of Act 10 of 1964.]

7. .

[S 7 rep by s 4 of Act 48 of 1949.]

8. Restriction on plural voting.

(1) No person shall be entitled to have his name entered or retained in more than one register, notwithstanding that he may be qualified to have his name entered or retained in two or more registers.

[S 8(1) am by s 5 of Act 10 of 1964.]

(2) If any person at a general election votes in more than one electoral district, or asks for a ballot paper for the purpose of so voting, he shall be guilty of an illegal practice.

(3) No person shall be entitled to have his name entered or retained more than once in the same register, notwithstanding that he may be qualified to have his name so entered or retained.

[S 8(3) ins by s 5 of Act 10 of 1964.]

(4) If any person at any election votes more than once in the same electoral district, or asks for a ballot paper for the purpose of so voting, he shall be guilty of an illegal practice.

[S 8(4) ins by s 5 of Act 10 of 1964.]

PART III

Registration of Electors and Revision of Registers

9. Appointment of registering and Revising Officers.

(1) As soon as may be after the publication of the first Proclamation under section 43 of the Ceylon (Constitution) Order in Council, 1946, and thereafter, whenever any electoral district of the Island is altered or a new district is created, the Minister shall appoint, by name or by office, registering and Revising Officers for each electoral district and may from time to time appoint by name or by office, one or more persons to assist any Registering Officer or Revising Officer in the performance of his duties. A person so appointed to assist any such officer as aforesaid shall have all the powers and may perform all the duties of the officer whom he is appointed to assist, and any reference in this Order to a Registering Officer or Revising Officer shall, unless the context otherwise requires, be deemed to include a reference to an Assistant Registering Officer or an Assistant Revising Officer, as the case may be.

(2) An appointment made by the Minister under this section may be revoked by him at any time.

10. Polling districts and polling stations.

(1) As soon as may be after the publication of the first Proclamation under section 43 of the Ceylon (Constitution) Order in Council, 1946, and thereafter whenever any electoral district of the Island is altered or a new district is created, the Registering Officer of each electoral district specified in the Proclamation aforesaid or of the altered or new district, as the case may be, shall—

(a) divide that district into polling districts in accordance with such directions as may be issued by the Commissioner;

(b) assign to each such polling district a distinguishing letter or letters;

(c) determine with respect to each such polling district the ward, village or other area within which the polling station or stations for that district will be situated; and

(d) publish in the Gazette a notice specifying—

(i) the polling districts into which that electoral district has been divided;

(ii) the distinguishing letter or letters assigned to each such polling district; and

(iii) the ward, village or other area within which the polling station or stations for each such polling district will be situated.

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

[S 10(2) am by s 2 of Act 16 of 1956.]

(3) Subject to the provisions of subsection (2), the division of an electoral district into polling districts may be altered by the Registering Officer as occasion may require; and upon any such alteration being made he shall publish in the Gazette a notice specifying, in relation to that electoral district, the particulars mentioned in paragraph (d) of subsection (1) of this section. Any such alteration shall come into effect on the date of publication of the notice under section 22(1) relating to the next certification of the register of electors for such electoral district, but the revision of such register before such certification shall be made on the basis of such alteration.

[S 10(3) am by s 2 of Act 16 of 1956.]

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

[S 10(3A) ins by s 2 of Act 16 of 1956.]

(4) Unless the returning officer, appointed under section 25, 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.

11. .

[S 11 rep by s 6 of Act 10 of 1964.]

12. .

[S 12 rep by s 6 of Act 10 of 1964.]

13. .

[S 13 rep by s 6 of Act 10 of 1964.]

14. .

[S 14 rep by s 6 of Act 10 of 1964.]

15. Preparation of registers on alteration of electoral districts.

(1) Where, by any Proclamation other than the first Proclamation under section 43 of the Ceylon (Constitution) Order in Council, 1946, any electoral district of the Island is altered or a new district is created, the Registering Officer of the altered or new district shall forthwith prepare or cause to be prepared a register of electors for that electoral district, so however, that every name appearing in those parts of the register or registers in operation immediately prior to the publication of such Proclamation which relate to the area comprised in the altered or new electoral district shall appear in the new register of electors together with the qualifying address under which such name so appeared in such parts.

[S 15(1) am by s 7 of Act 10 of 1964.]

(1A) Where a dissolution of Parliament occurs before the certification of the register of electors required by subsection (1) of this section to be prepared for any altered or new electoral district, the Registering Officer of such electoral district shall, for the purposes of the election of a Member of Parliament or more than one Member of Parliament, as the case may be, for such electoral district at the general election consequent on such dissolution of Parliament, forthwith—

(a) notify in the Gazette at least seven days before the day of nomination fixed under section 27 of this Order those parts of the register or registers in operation immediately prior to the publication of the Proclamation specifying such electoral district and made under section 43 of the Ceylon (Constitution) Order in Council, 1946, which relate to the area comprised in such electoral district, and

(b) prepare or cause to be prepared, in accordance with the provisions of subsection (1) of this section, a register of electors for such electoral district.

The provisions of subsections (2) and (4) of this section and the provisions of section 22 of this Order shall not apply to the register of electors prepared under this subsection. The Registering Officer shall certify the register of electors prepared under this subsection and shall publish a notice of such certification in the Gazette and in one or more newspapers circulating in the electoral district to which such register relates. The certified register shall come into operation on the date of the publication of such notice in the Gazette. The provisions of this subsection shall not be deemed to prevent the preparation or the completion of the preparation of a register of electors for the aforesaid altered or new electoral district in accordance with the provisions of this section other than the provisions of this subsection.

[S 15(1A) ins by s 3 of Act 11 of 1959; am by s 2 of Act 2; s 8 of Act 10 of 1960.]

(1AA) The register of electors prepared under subsection (1A) of this section for any altered or new electoral district shall continue to be in operation until superseded by the coming into operation of the register of electors required by subsection (1) of this section to be prepared for such electoral district, and shall, notwithstanding that it was prepared for the purposes of a general election, be used for the purposes of any election required to be held in such electoral district for the purpose of filling any vacancy in the seat of a Member for that district which occurs before it is so superseded.

[S 15(1AA) ins by s 2 of Act 2 of 1960.]

(1B) The Registering Officer of any altered or new electoral district—

(a) shall, subject to the provisions of section 8 of this Order, include or cause to be included in a new register of electors prepared under subsection (1) of this section for such electoral district the names of persons who, although their names are not in the parts of the register or registers referred to in that subsection, appear to him to be qualified to have their names entered in the new register; and

(b) shall not include or cause to be included in a new register of electors prepared under subsection (1A) of this section for such electoral district any names other than the names referred to in subsection (1) of this section.

[S 15(1B) ins by s 3 of Act 11; am by s 2 of Act 26 of 1959.]

(1C) For the purposes of the general election referred to in subsection (1A) of this section or any election to fill a vacancy in the seat of a Member referred to in subsection (1AA) of this section, every person whose name appears in the parts of the register or registers notified in the Gazette under that subsection shall—

(a) be deemed to be a person who is qualified to be an elector and shall accordingly be eligible for election as a Member of Parliament and may, under subsection (1) of section 28 of this Order, be nominated as a candidate for election, and

(b) be deemed to be a person whose name is in the register of electors for the altered or new electoral district to which the aforesaid parts of the register or registers relate and shall accordingly be qualified, under subsection (2) of section 28 of this Order, to be a pro poser or seconder of the nomination of any candidate seeking election as a Member of Parliament for such electoral district.

[S 15(1C) ins by s 3 of Act 11 of 1959; am by s 2 of Act 2 of 1960.]

(1D) .

[S 15(1D) rep by s 7 of Act 10 of 1964.]

(1E) .

[S 15(1E) rep by s 7 of Act 10 of 1964.]

(2) A register of electors prepared under subsection (1) when certified shall, notwithstanding anything in subsection (2) of section 22, come into operation at the next general election held after such certification and not earlier unless at least one dissolution of Parliament has occurred after such register is required to be prepared under the said subsection (1) but before it is certified, in which case such register shall come into operation as provided by the said subsection (2).

[S 15(2) am by s 7 of Act 10 of 1964.]

(3) .

[S 15(3) rep by s 7 of Act 10 of 1964.]

(4) Before the certification of the register of electors prepared for any electoral district under subsection (1), application may be made to the Registering Officer of that electoral district for the correction of an existing entry relating to the applicant in such register, and, where such application is made, the Registering Officer shall, if he is satisfied after such inquiry as he deems fit that the entry relates to the applicant and is erroneous or defective in any particular, cause the necessary amendment in the entry to be made.

[S 15(4) am by s 3 of Act 16 of 1956.]

15A. Notice of completion of preparation of a register of electors.

On the completion of the preparation of a register of electors for any electoral district under subsection (1) of section 15, the Registering Officer of that district shall give notice in the Gazette and in one or more newspapers circulating in that district that the register has been completed, and that the register or a copy thereof is open for inspection at all reasonable hours of the day at the kachcheri or other office of such Registering Officer, and at such other places in that district as may be specified in the notice.

[S 15A ins by s 8 of Act 10 of 1964.]

15B. Claims and objections.

(1) Where a person's name, which by virtue of subsection (1) or subsection (1B)(a) of section 15, should have been included in a register of electors prepared under subsection (1) of section 15 for any electoral district, does not appear in that register, he may prefer a claim to the Registering Officer of that district to have his name inserted in that register under a qualifying address (hereinafter in this and the next succeeding section referred to as the "claimant”).

(2) Every claim under subsection (1) shall be in writing and shall be substantially in the form C in the First Schedule to this Order and shall reach the Registering Officer within four weeks from the date of the publication in the Gazette of the notice of completion of the register. The Registering Officer shall, from time to time, exhibit in a conspicuous place at the kachcheri or other office of the Registering Officer, a notice containing the name and address of each claimant, if any.

(3) Any person whose name appears in the register for any electoral district may object to—

(a) the inclusion of his own name in the register; or

(b) the inclusion in the register of the name of any other person appearing therein; or

(c) the insertion in the register of the name of any claimant.

(4) In this and the next succeeding section, every person objecting to the inclusion or insertion of any name in the register is referred to as the "objector”.

(5) Every objection to the inclusion of any name in the register shall be made in writing in duplicate and shall be substantially in the form D in the First Schedule to this Order and shall reach the Registering Officer within four weeks from the date of publication in the Gazette of the notice of completion of the register. The Registering Officer shall, from time to time, exhibit in a conspicuous place at the kachcheri or other office of the Registering Officer a notice containing the name and address of each objector and the person in regard to whom such objection has been made.

(6) Every objection to the insertion of the name of any claimant in the register shall be made in writing in duplicate and shall be substantially in the form D in the First Schedule to this Order and shall reach the Registering Officer within seven days from the date on which the notice containing the name of such claimant is exhibited under subsection (2). The Registering Officer shall, from time to time, exhibit in a conspicuous place at the kachcheri or other office of the Registering Officer a notice containing the name and address of each objector and the person in regard to whom objection has been made.

(7) The Registering Officer shall, as soon as practicable after receiving an objection under this section, send one copy of the objection to the person in regard to whom objection has been made.

(8) The Registering Officer shall, as soon as practicable, hold a public inquiry into all claims and objections which have been duly made, giving not less than seven clear days' written notice of the date on which, and the time and place at which, the inquiry will commence to each claimant, objector and person in regard to whom objection has been made. At any such public inquiry, any person appearing to the Registering Officer to be interested in or affected by the subject-matter of the inquiry may appear and be heard either by himself or by any other person duly authorised by him in writing in that behalf:

Provided that the Registering Officer may, without any public inquiry as aforesaid, allow any claim in respect of which no objection has been made if he is otherwise satisfied that such claim should be allowed and shall insert the claimant's name in the register:

[S 15B(8) first proviso am by s 3 of Act 9 of 1970.]

And provided further that the Registering Officer may, if he deems it necessary so to do, by written notice direct any claimant, objector, or person in regard to whom objection has been made, to appear at any public inquiry as aforesaid either by himself or by any other person duly authorised by him in writing in that behalf, and if such person fails to comply with such direction, such person shall be guilty of an offence and shall on conviction before a Magistrate be liable to a fine not exceeding five hundred rupees.

[S 15B(8) second proviso ins by s 3 of Act 9 of 1970.]

(9) Where an objection is made under this section, the Registering Officer shall call upon the objector, or some person authorised in writing in that behalf by the objector, to give prima facie proof of the ground of the objection.

(10) If prima facie proof of an objection under this section is given as aforesaid, the Registering Officer shall require proof of the qualification of the person in regard to whom the objection has been made, and—

(a) if such person's qualification is not proved to the Registering Officer's satisfaction, such officer shall expunge such person's name from, or, as the case may be, refuse to insert such person's name in, the register;

(b) if such person's qualification is proved, such officer shall retain or insert such person's name in the register.

(11) If on the date fixed for inquiry into any objection, the objector or a person authorised in writing in that behalf by the objector fails to appear, or appears but fails to give such prima facie proof as aforesaid, then—

(a) if the objection is to the inclusion in the register of the name of a person appearing therein, the Registering Officer shall retain such person's name in the register without calling upon such person to prove his qualification;

(b) if the objection is to the insertion in the register of the name of any claimant, the Registering Officer shall require proof of the qualification of the claimant, and—

(i) if the claimant's qualification is not proved to the Registering Officer's satisfaction, he shall refuse to insert the claimant's name in the register;

(ii) if the claimant's qualification is so proved, he shall insert the claimant's name in the register.

(12) If any objection is made and is overruled by the Registering Officer and, in his opinion, the objection was made without reasonable cause, the Registering Officer may if he thinks fit order the objector to pay to the person in regard to whom objection has been made such sum not exceeding fifty rupees as the Registering Officer considers reasonable compensation for any loss of time incurred by such person in consequence of the objection.

(13) If, upon an objection being overruled, the objector appeals under the next succeeding section to the Revising Officer and the appeal is dismissed, and in the opinion of the Revising Officer the appeal was made without reasonable cause, the Revising Officer may if he thinks fit order the objector to pay to the person in regard to whom objection has been made such sum not exceeding fifty rupees as the Revising Officer considers reasonable compensation for any loss of time incurred by such person in consequence of the appeal. If any such appeal as aforesaid is allowed by the Revising Officer, he shall have power to revise or cancel any order made by the Registering Officer for the payment of compensation by the objector.

(14) Any sum awarded as compensation under this section shall be recoverable as though the order of the Registering Officer or Revising Officer were a decree of court.

[S 15B ins by s 8 of Act 10 of 1964.]

15C. Appeals to Revising Officer.

(1) If any claimant, objector, or person in regard to whom objection has been made is dissatisfied with the decision of the Registering Officer, he may, within ten days from the date thereof, appeal therefrom to the Revising Officer.

(2) Every appeal under this section shall be in writing, shall state shortly the ground of appeal, and shall bear a stamp of five rupees.

(3) The Revising Officer shall hear such appeal in open court or office, giving notice of the dates of the hearing of the appeal to the parties concerned. It shall be in his discretion whether to hear or not to hear any evidence. His determination of the appeal shall be final and conclusive.

(4) When the Revising Officer has determined the appeals which have been lodged with respect to any register, he shall forward to the Registering Officer a statement under his hand containing the names which he has decided shall be included or inserted in the register and those which he has decided shall be expunged from the register, and the Registering Officer shall amend the register accordingly.

(5) If an appeal is allowed, the sum of five rupees paid under subsection (2) shall be refunded to the appellant.

[S 15C ins by s 8 of Act 10 of 1964.]

15D. Claims for registration made by persons in respect of other persons.

(1) Where the name of any person, who is qualified in accordance with this Order to have his name entered in a register of electors prepared under subsection (1) of section 15 for any electoral district, does not appear in that register, any other person (in this section referred to as "the applicant”) may make a claim to the Registering Officer of that district to have the name of such first-mentioned person inserted in that register. Such claim shall be—

(a) in writing;

(b) substantially in the form C in the First Schedule to this Order; and

(c) made to such Registering Officer so as to reach him within four weeks of the date of the publication in the Gazette of the notice of the completion of that register.

(2) Where a claim is made under subsection (1) to the Registering Officer of any electoral district, such officer shall, as soon as practicable, hold a public inquiry into the claim giving not less than seven clear days' written notice of the inquiry and of the date on which, and the time and place at which, the inquiry will commence to the applicant and the person in respect of whom the claim is made, and, if such person appears at the inquiry, and supports the claim made in respect of him and satisfies such officer that the claim should be allowed, the claim shall be allowed, and if such person fails to do so, the claim shall be disallowed.

[S 15D ins by s 8 of Act 10 of 1964.]

15E. Power of Registering Officer to substitute correct qualifying addresses for incorrect qualifying addresses.

Where a Registering Officer is satisfied at an inquiry under subsection (8) of section 15B—

(a) that a person's name appears in a register of electors under an incorrect qualifying address, such officer may substitute in the entry relating to that person in such register, for such address, such correct qualifying address as may be determined by such officer; or

(b) that the correct qualifying address of a person whose name is to be inserted in a register of electors is not the address specified in the claim made by him or on his behalf, such officer may insert such person's name in that register under such other address as may be determined by such officer to be the correct qualifying address of such person.

[S 15E ins by s 8 of Act 10 of 1964.]

15F. Certification of registers prepared under section 15(1).

(1) The Registering Officer of each electoral district shall, as soon as conveniently may be after the claims and objections have been adjudicated upon, certify the register of electors for that district:

Provided that the Registering Officer may certify the register in accordance with this section during the pendency of any appeal under section 15c, and shall thereafter insert in or expunge from such certified register the name of any person in accordance with the decision of the Revising Officer on the determination of such appeal.

(2) Nothing in this Order shall be deemed to prohibit the Registering Officer, before certifying any register, from correcting any clerical error which appears to him to have been made therein.

[S 15F ins by s 8 of Act 10 of 1964.]

15G. Offences in respect of the preparation of registers.

(1) Every person who, at the preparation of any register, knowing that he or any other person is not qualified to have the name of himself or such other person, included or inserted in such register, claims or applies, or induces or abets such other person to claim or apply, for the inclusion or insertion of the name of himself or of such other person, as the case may be, in such register, 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.

(2) Every person who, at the preparation of any register, wilfully—

(a) suppresses any information relevant for the purpose of determining whether or not any person's name should be included or inserted in such register after such information has been furnished to or collected by him; or

(b) gives any information relevant for the purpose aforesaid knowing such information to be false,

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.

[S 15G ins by s 8 of Act 10 of 1964.]

16. Revision of registers.

(1) On or before the first day of June in each year following the year in which the register of electors for any electoral district is first certified under this Order, the Commissioner shall cause the revision of such register to be commenced and a notification, stating that the revision of such register has commenced and informing every person qualified to be an elector for such electoral district how he may ascertain whether his name is in such register and, if not, how he may secure its insertion therein, to be published in the Gazette in Sinhalese, Tamil and English and in at least one Sinhalese newspaper, one Tamil newspaper and one English newspaper circulating in such electoral district and to be conspicuously displayed at public places within such electoral district.

[S 16(1) am by s 4 of Act 16 of 1956.]

(2) .

[S 16(2) rep by s 2 of Act 7 of 1952.]

(3) For the purpose of revising the register and of satisfying himself as to the qualification of any person for registration or determining whether the name of any person should be inserted or retained in the register or expunged therefrom, the Registering Officer may make such house to house or other inquiry as he may deem necessary either by himself or through a person appointed by him. For the purpose of such inquiry the Registering Officer may require any householder or any person owning or occupying any land or premises in his electoral district or the agent of such person to give, in such form as may from time to time be prescribed by the Commissioner, any information in the possession of such person or agent which the Registering Officer may require. Any notice requiring information under this subsection may be sent by ordinary letter post to the person from whom the information is required or may be delivered to him or to an adult member of his household.

(4) All officers in the service of the Government of Ceylon (other than officers in the Inland Revenue Department) and all local authorities are hereby authorised and required to furnish to the Registering Officer all such information as he may require to enable him to revise the register. In this subsection "local authority” means a Municipal Council, an Urban Council, a Town Council, or a Village Council.

(5) Every person who, being in possession of any information required under subsection (3) of this section, fails to give such information to the Registering Officer or to any person appointed by the Registering Officer for the purpose, or wilfully gives any false information, shall be guilty of an offence and shall on conviction 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.

[S 16(5) am by s 9 of Act 10 of 1964.]

(6) Every person who is appointed by a Registering Officer and who wilfully suppresses any information relating to the qualification of any person for registration or relevant for determining whether the name of any person should or should not be retained or inserted in the register, after such information has been furnished to or collected by him, shall be guilty of an offence and shall on conviction before a Magistrate be liable to a fine not exceeding five hundred rupees, or to imprisonment of either description not exceeding one month, or to both such fine and imprisonment.

[S 16(6) am by s 9 of Act 10 of 1964.]

(6A) Every person who, at any revision of any register in any year, knowing that he or any other person is not qualified to have the name of himself or such other person included or inserted in such register, claims or applies, or induces or aids or abets such other person to claim or apply, for the insertion or retention of the name of himself or of such other person, as the case may be, in such register, 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.

[S 16(6A) ins by s 9 of Act 10 of 1964.]

(6B) Every person appointed by a Registering Officer who willfully—

(a) suppresses any information relevant for the purpose of determining whether or not any person's name should be included in any list referred to in section 18 which is to be prepared for the purpose of the revision of any register after such information has been furnished to or collected by him; or

(b) gives any information relevant for the purpose aforesaid knowing such information to be false, 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.

[S 16(6B) ins by s 9 of Act 10 of 1964.]

(7) —

(a) Where it appears that a person is qualified to have his name entered or retained—

(i) in more than one register; or

(ii) more than once in the same register under different qualifying addresses,

a Registering Officer shall cause notice to be served on that person requiring him to specify, within seven days of the date of service of such notice, the register in which he desires to have his name entered or retained, or the qualifying address under which he desires to have his name entered or retained in the same register aforesaid, as the case may be.

(b) Any notice referred to in paragraph (a) of this subsection may be served in the manner provided in that behalf in subsection (3) of this section.

(c) Where, in compliance with a notice under paragraph (a) of this subsection, a person specifies—

(i) the register in which he desires to have his name entered or retained, and the Registering Officer for the appropriate electoral district is satisfied that such person is qualified to have his name entered or retained in that register, his name shall be entered or retained in that register and in no other register; or

(ii) the qualifying address under which he desires to have his name entered or retained in the same register, and the Registering Officer for the electoral district to which the register relates is satisfied that such person is qualified to have his name entered or retained in that register under that address, his name shall be entered or retained under that address in that register and under no other address in that register.

(d) Where a person fails to comply with a notice under paragraph (a) of this subsection—

(i) the Commissioner shall, if the notice required such person to specify the register in which such person desires to have his name entered or retained, determine which one of the registers in which such person is qualified to have his name entered or retained shall be the register in which such name shall be entered or retained, and such name shall be entered or retained in the register determined by the Commissioner and in no other register; or

(ii) the Registering Officer shall, if the notice required him to specify the qualifying address under which he desires to have his name entered or retained in the same register, determine which one of the qualifying addresses in the same register under which such person is qualified to have his name entered or retained shall be the address under which such name shall be entered or retained in that register, and such name shall be entered or retained under the qualifying address in that register determined by the Registering Officer and under no other qualifying address in that register.

(e) The failure of any person to comply with any notice served under paragraph (a) of this subsection, or the failure of the Commissioner or a Registering Officer to comply with the provisions of paragraph (d) of this subsection in respect of that person or the fact that upon such compliance his name is not entered or retained in any register, or under any qualifying address in the same register, specified by such person, shall not affect or prejudice his right to have his name entered or retained, subject to the provisions of section 8, in any register, or under any qualifying address in the same register, as the case may be, in or under which he is qualified to have his name entered or retained.

[S 16(7) am by s 9 of Act 10 of 1964.]

17. .

[S 17 rep by s 8 of Act 48 of 1949.]

18. Method of revising register.

(1) For the purpose of revising the register in each year, the Registering Officer shall prepare two separate lists, one, hereinafter referred to as "List A”, containing the names of persons in the register who are dead or have become disqualified, and the other, hereinafter referred to as ”List B”, containing the names of persons who, not being already in the register or otherwise disqualified, appear to the Registering Officer to be qualified to have their names entered in the register.

The preparation of such lists shall be completed by the Registering Officer on or before the fifteenth day of August in that year or such other date not later than the thirty-first day of January in the succeeding year as the Commissioner may appoint for the purpose by notification published in the Gazette.

[S 18(1) am by s 3 of Act 7 of 1952.]

(2) Upon the completion of the two lists referred to in subsection (1) of this section, the Registering Officer shall give notice in the Gazette and in one or more newspapers circulating in the electoral district that such lists have been completed and that the register and such lists, or copies thereof, are open for inspection at all reasonable hours of the day at the kachcheri or other office of the Registering Officer of the electoral district to which the register relates, and at such other places in the district as may be specified in the notice.

[S 18(2) am by s 5 of Act 16 of 1956.]

(3) .

[S 18(3) rep by s 10 of Act 10 of 1964.]

19. Claims and objections at revision of register.

(1) Every person who is qualified in accordance with this Order to have his name entered in any register of electors at a revision of that register and whose name has been omitted from that register and from List B or whose name has been included in List A, and who claims to have his name inserted or retained as the case may be in the register (hereafter in this section referred to as the "claimant”), may apply to the Registering Officer to have his name inserted or retained therein.

(2) Any person whose name appears in the register or in List B for any electoral district may object to the inclusion in the register of his own name or the name of any other person appearing in such register or list or may object to the insertion or retention in the register of the name of any claimant.

(3) The provisions of section 15B (other than the provisions of subsections (1) and (3) thereof) and the provisions of sections 15C and 15E shall apply to claims and objections under this section as though the references therein to the notice of completion of the register were references to the notice under section 18 of the completion of Lists A and B, and as though the term "objector” included a person objecting to the retention in the register of the name of a claimant.

[S 19(3) am by s 11 of Act 10 of 1964.]

(4) —

(a) Where a person is entitled to claim under subsection (1) to have his name inserted or retained in any register of electors for any electoral district, any other person (in this section referred to as the "applicant”) may make a claim to the Registering Officer of that district to have the name of the first-mentioned person inserted or retained in that register. Such claim shall be—

(i) in writing;

(ii) substantially in the Form C in the First Schedule to this Order; and

(iii) made to such Registering Officer so as to reach him within four weeks of the date of the publication in the Gazette of the notice of the completion of Lists A and B.

(b) Where a claim is made under subsection (4) to the Registering Officer of any electoral district, such officer shall, as soon as practicable, hold a public inquiry into the claim giving not less than seven clear days written notice of the inquiry and of the date on which, and the time and place at which, the inquiry will commence to the applicant and the person in respect of whom the claim is made, and, if such person appears at the inquiry and supports the claim made in respect of him, and satisfies such officer that the claim should be allowed, the claim shall be allowed, and if such person fails to do so, the claim shall be disallowed.

20. Certification of revised register.

(1) The Registering Officer of each electoral district shall certify the register of electors for that district as soon as conveniently may be after the claims and objectives have been adjudicated upon and after he has revised Lists A and B in accordance with such adjudication and expunged from the register the name of every person remaining in List A and included in the register the name of every person remaining in List B:

Provided that the Registering Officer may certify the register in accordance with this section during the pendency of any appeal under section 15C and shall thereafter insert in or expunge from such certified register the name of any person in accordance with the decision of the Revising Officer on the determination of such appeal.

[S 20(1) proviso am by s 12 of Act 10 of 1964.]

(2) Nothing in this Order shall be deemed to prohibit the Registering Officer before certifying any register from correcting any clerical error which appears to him to have been made therein.

(3) Application may be made to the Registering Officer of any electoral district before the certification of the register of electors for that district for the correction of an existing entry relating to the applicant in that register, and, where such application is made, the Registering Officer shall, if he is satisfied after such inquiry as he deems fit that the entry relates to the applicant and is erroneous or defective in any particular, cause the necessary amendment in the entry to be made.

[S 20(3) am by s 7 of Act 16 of 1956.]

21. Notices by registering and Revising Officers and adjournments.

(1) All notices required to be given by a Registering Officer or a Revising Officer shall be sufficiently given if sent by registered post to the address, if any, given in the claim or objection, or in default of such address, to the address given in the register of electors.

(2) A Registering Officer or Revising Officer may from time to time adjourn any proceedings before him under this Order to any convenient time and place.

22. Notice of certification of register and commencement and period of operation.

(1) On the certification of a register under this Order the Registering Officer shall give notice in the Gazette and in one or more newspapers circulating in the electoral district that the register has been certified and that such register, or a copy thereof, is open for inspection at all reasonable hours of the day at the kachcheri or other office of the Registering Officer of the electoral district to which the register relates, or at such other place in the district as may be specified in the notice.

(2) Subject to the provisions of section 27A, the certified register for any electoral district shall come into operation upon the date of the publication of the notice aforesaid and, subject to such alterations, if any, as may subsequently be made therein in accordance with section 15F or section 20, such register shall continue in operation until superseded by the coming into operation of the next certified register.

[S 22(2) am by s 13 of Act 10 of 1964.]

22A. Language of the registers of electors and the lists prepared for the purpose of revising such registers.

(1) In this section—

"language of the majority”, with reference to any electoral district, means the language (other than the English language) spoken by the majority of the electors of that electoral district,

"language of the minority”, with reference to any electoral district, means the language (other than the language of the majority and the English language) spoken by not less than ten per centum of the electors of that district, and

"prescribed date” means such date as shall be specified, for the purposes of this section, by the Minister by Order published in the Gazette.

[S 22A(1) ins by s 8 of Act 16 of 1956; am by s 14 of Act 10 of 1964.]

(2) After the prescribed date, the register of electors for each electoral district and the lists prepared for the purpose of revising such register shall be in the language of the majority and, where the language of the majority is not the official language of Ceylon, in such official language and, where there is a language of the minority, in such language of the minority.

[S 22A(2) ins by s 8 of Act 16 of 1956; am by s 6 of Act 11 of 1959.]

(2A) Where, by virtue of the operation of the preceding provisions of this section, the register of electors for any electoral district has to be prepared in both the official language and a language of the minority, then, such register may be so prepared in separate parts in each such language, and such parts may be subsequently bound together to form one register.

[S 22A(2A) ins by s 4 of Act 9 of 1970.]

(2B) The entry made in any register in the official language shall prevail over the corresponding entry, if any, made in such register in any other language; and accordingly in the event of any dispute arising as to the correctness of any such entry such dispute shall be determined by reference to the entry so made in the official language.

[S 22A(2B) ins by s 4 of Act 9 of 1970.]

(3) Until the prescribed date, the register of electors for each electoral district and the lists prepared for the purpose of revising such register shall be in the English language.

[S 22A(3) ins by s 14 of Act 10 of 1964.]

22B. Reinsertion of name deleted from register of electors.

Where any person whose name is deleted from any register of electors as he is subject under this Order to the incapacity of being registered as an elector by reason of—

(a) his conviction of a corrupt or an illegal practice, or

(b) the report of an Election Judge or of the Supreme Court published under subsection (2) of section 82D, or

(c) his conviction of an offence under section 52 or section 53, or

(d) the operation of section 4A,

ceases to be subject to that incapacity, then, if he makes a written application to the Registering Officer of any electoral district to have his name entered in the register of electors for that electoral district and such Registering Officer is satisfied that such person is not disqualified under section 4 to have his name entered in such register, the name of such person shall be inserted in such register. The insertion of such name in such register shall have effect notwithstanding that at the time of such insertion the revision or certification of such register under this Order may have been completed.

[S 22B ins by s 8 of Act 16 of 1956; am by s 5 of Act 9 of 1970.]

22C. Issue of official identity cards.

(1) The Commissioner—

(a) shall, after such date as may be appointed for the purpose of this section by the Minister of Home Affairs by Order published in the Gazette, send or cause to be sent an official identity card to each elector whose name appears in any register of electors which is in operation on that date and who complies with the notice given under subsection (5) of this section; and

(b) shall thereafter, whenever a register of electors comes into operation after its certification under this Order, send or cause to be sent an official identity card to each elector whose name appears in such register and to whom such a card has not been previously sent under this section.

(2) A new official identity card may, upon application made in that behalf be sent or caused to be sent by the Commissioner to any elector whose name appears in any register of electors which is in operation at the date of such application if his previous official identity card has been lost or damaged or otherwise rendered unusable.

(3) The official identity card for any elector-

(a) shall specify—

(i) the date of the issue of such card;

(ii) his name and address at that date; and

(iii) the electoral district in respect of which he is registered as an elector at that date; and

(b) shall bear—

(i) a photograph of such elector provided by or under the authority of the Commissioner; and

(ii) a facsimile of the signature of the Commissioner.

(4) The Commissioner shall cause one or more duplicates of every official identity card issued under this section to be made, and such duplicate or duplicates shall, subject to the provisions of section 36, be retained in the custody of the Commissioner or of any officer authorised in that behalf by the Commissioner.

(5) The Commissioner shall, by notice given in such manner as he may deem expedient, require the electors whose names appear in a register of electors for the time being in operation to attend at any of such places and at any of such times and on any of such dates as may be specified in the notice and to permit photographs of themselves to be taken by any of such persons as may be authorised by the Commissioner to take such photographs.

[S 22C ins by s 7 of Act 11 of 1959.]

23. Penalty for false statements and wrongful claims.

(1) Every person who willfully makes a false statement or declaration in any claim or objection or at any inquiry held in connection therewith or in any appeal shall, on conviction before a Magistrate be liable to a fine not exceeding one hundred rupees.

(2) A Registering Officer or Revising Officer may, on the consideration or hearing of any application, claim, objection, or appeal, require that the evidence tendered by any person shall be given on oath and may administer such oath for that purpose; and every person who in the course of any such consideration or hearing knowingly swears anything material to the validity of such application, claim, objection or appeal which is false shall be guilty of the offence of giving false evidence and shall be liable to the punishment provided therefor in the Ceylon Penal Code.

PART IV

Elections

24. Number of Members to be returned for each electoral district.

Each electoral district shall return such number of Members to serve in the House of Representatives as may have been fixed for that district in the Proclamation for the time being in force under section 43 of the Ceylon (Constitution) order in Council, 1946.

25. Returning officers.

(1) The Governor-General, from time to time by notice in the Gazette, shall appoint by name or by office a person to be returning officer of each electoral 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 all the powers and may perform all the duties of the officer whom he is appointed to assist, and any reference in this Order 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 Governor-General under this subsection may be revoked by him at any time.

(2) If any returning officer is, by sickness or other cause, prevented or disabled from performing any of his duties under this Order and there is not time for another person to be appointed by the Governor-General, the returning officer may appoint, by name or by office, a deputy to act for him. Every such appointment shall as soon as possible be reported to the Governor-General and may be revoked by him, but without prejudice to the validity of anything already done by such deputy.

26. Power to order elections.

If at any time after the Governor-General has ordered or fixed the dates for a general election or ordered an election to fill a vacancy in the seat of a Member, it is shown to his satisfaction that in any electoral district, owing to any cause whatsoever no election has been held in pursuance of such Order, he may at any time by notice in the Gazette issue another Order that an election shall be held in that district.

27. Nomination day.

(1) In every Proclamation dissolving Parliament and in every Proclamation or notice ordering the holding of an election, the Governor-General shall specify the date or dates, hereinafter referred to as the "day of nomination” not being less than sixteen days nor more than one month after the publication of the Proclamation or notice, on which candidates for election are to be nominated, and the place or places of nomination, hereinafter referred to as the "place of nomination”.

[S 27 re-numbered as s 27(1) by s 2 of Act 8 of 1984.]

(2) If after the publication of a notice ordering the holding of an election to fill a vacancy in respect of any electoral district, the President is satisfied that, owing to the prevailing conditions relating to national security or public order or for any other reason, a free and fair election cannot be held, he may, notwithstanding anything to the contrary in any other provision of this Order—

(a) where candidates for such election have not been nominated, postpone by Order published in the Gazette the nomination day specified in the notice ordering the holding of such election, and may, by the same Order or by a subsequent Order published in the Gazette, appoint another nomination day for such election; or

(b) where a notice has been published under section 35(3) specifying a date of poll for such election, postpone, by Order published in the Gazette, the date of poll and may, by the same Order or by a subsequent Order published in the Gazette, appoint another day for the taking of such poll:

Provided that no Order made under paragraph (a) or paragraph (b) shall have the effect of postponing the date of poll for such election to a date later than twelve months calculated from the date of nomination specified in the notice ordering the holding of such election.

[S 27(2) ins by s 2 of Act 8 of 1984.]

27A. Special provisions regarding the registers to be used at elections.

Notwithstanding anything to the contrary in any other provisions of this Order, the register of electors in operation for any electoral district on the date of the publication in the Gazette of a Proclamation or notice by the Governor-General ordering the holding of a general election, or an election to fill a vacancy in the seat of a Member for that district, shall be the register that shall be used for the purposes of that election, and accordingly—

(a) such register shall not, at any time during the period commencing on that date and ending on the day immediately following the date of the holding of that election, be deemed for the purposes of that election, to be superseded by the next certified register of electors for that district but shall be deemed to continue in operation for such purposes only until the expiration of that period;

(b) such next certified register shall, during that period, be deemed not to have come into operation for such purposes only but shall be deemed to be in operation for all other purposes; and

(c) the provisions of this Order, other than this section, shall, in their application in the case of that election, have effect, and be read and construed, subject to the preceding provisions of this section.

[S 27A ins by s 15 of Act 10 of 1964.]

28. Nomination papers.

(1) Any person eligible for election as a Member of Parliament may be nominated as a candidate for election.

(2) Each candidate shall be nominated by means of one or more, but not more than three, separate nomination papers each signed by two persons, whose names are in the register of electors for the electoral district for which the candidate seeks election, as proposer and seconder respectively. The written consent of the candidate must be annexed to or endorsed on each nomination paper.

[S 28(2) am by s 6 of Act 9 of 1970.]

(3) The signature of the proposer and the seconder shall be attested by a Justice of the Peace, a Commissioner for Oaths or a notary public.

(4) Every nomination paper shall be substantially in the form G in the First Schedule to this Order.

(4A) There shall be annexed to every nomination paper for the nomination of a candidate at an election to be held under the provisions of sub-paragraph (iii) of paragraph (d) of Article 161 of the Constitution, 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 candidate.

Every returning officer at such election shall reject any nomination paper which does not comply with the preceding provisions of this subsection.

[S 28(4A) ins by s 2 of Act 45 of 1983.]

(5) The returning officer may, at any time between the date of the publication of the Proclamation or notice referred to in section 27 and eleven o'clock in the morning of the day of nomination, supply a form of nomination paper to any registered elector requiring the same, but nothing in this Order shall render obligatory the use of a nomination paper supplied by the returning officer, so, however, that the paper used be substantially in the form prescribed by this Order.

[S 28(5) am by s 2 of Act 36 of 1984.]

28A. Recognised political parties for the purpose of elections.

(1) Subject to the other provisions of this Act, a political party entitled to be treated as a recognised political party under the Parliamentary Elections Act, No. 1 of 1981, on the day proceeding the date of the notice ordering the holding of an election, shall be entitled to be treated as a recognised political party for the purpose of elections under this Order.

(2) Where a political party is entitled, by virtue of the operation of the provisions of subsection (1) to be treated as a recognised political party for the purposes of elections, the approved symbol allotted to such party under the Parliamentary Elections Act, No. 1 of 1981, shall, subject to the provisions of section 28D, be deemed to be the approved symbol allotted to that party under this Order.

[S 28A ins by s 16 of Act 10 of 1964; subs by s 3 of Act 36 of 1984.]

28B. Mode of reference in the succeeding provisions of this Order to political parties which are entitled to be treated as recognised political parties for the purpose of elections.

In the succeeding provisions of this Order, a political party which is entitled to be treated as a recognised political party for the purpose of elections is referred to as a "recognised party for the purpose of elections”.

[S 28B ins by s 17 of Act 10 of 1964.]

28C. Notice of intention to contest elections and of authorised agents.

After the date of the publication in the Gazette of a Proclamation or notice of the Governor-General ordering the holding of a general election, or an election in any electoral district to fill a vacancy in the seat of a Member, the Secretary of any recognised party for the purpose of elections shall, if such party intends contesting such election, give the Commissioner written notice of such intention. Such notice shall, if the authorised agent of such party for the purpose of such election is to be a person other than such Secretary, also specify the name and address of such person. Such notice shall be so given as to reach the Commissioner within seven days from that date:

Provided, however, that the preceding provisions of this section shall not apply to any party which obtained or obtains such recognition upon application in that behalf made within the said period of seven days.

[S 28C ins by s 17 of Act 10 of 1964.]

28D. Change of approved symbols of recognised parties.

(1) Within seven days from the date of the publication in the Gazette of a Proclamation or notice ordering the holding of a general election, or an election in any electoral district to fill a vacancy in the seat of a Member, the Secretary of any recognised party for the purpose of elections may make a written application in that behalf to the Commissioner that any such new approved symbol as shall be specified in such application, not being the approved symbol of any other such party, shall be allotted to such party in lieu of the existing approved symbol of such party.

[S 28D(1) am by s 8 of Act 9 of 1970.]

(2) Upon the receipt of an application duly made under subsection (1) by the Secretary of any recognised party for the purpose of elections, the Commissioner shall make an order allotting to such party, in lieu of its existing approved symbol, the new approved symbol specified in such application, or some other approved symbol determined by him in his absolute discretion, not being the approved symbol of any other such party.

(3) An order made by the Commissioner under subsection (2) shall be final and conclusive, and shall not be called in question in any court.

[S 28D ins by s 17 of Act 10 of 1964.]

28E. Right of recognised parties for purpose of elections to have official candidates.

(1) Subject to the provisions of this Order, each recognised party for the purpose of elections may—

(a) in any case where one candidate has to be returned at any election which is due to be held in any electoral district, have only one official candidate of that party at such election; or

(b) in any case where more than one candidate has to be so returned, have only as many official candidates of that party at such election as do not exceed the number of candidates who are to be so returned.

(2) Nothing in the provisions of subsection (1) shall be deemed or construed to preclude or prohibit a recognised party for the purpose of elections from having candidates, other than official candidates of that party, at any election which is due to be held in any electoral district.

(3) In this Order, the expression "official candidate of a recognised party for the purpose of elections”, in relation to any election which is due to be held in any electoral district, means a candidate of that party at such election in respect of whom there is, for the time being in force, a valid certificate of official candidature for the purposes of sections 29 and 35 in relation to such election.

[S 28E ins by s 17 of Act 10 of 1964.]

28F. Certificate of official candidature.

(1) Where an election is due to be held in any electoral district, the authorised agent of any recognised party for the purpose of elections may—

(a) if one candidate has to be returned for that district at such election, validly issue, under his hand, to the returning officer for that district a certificate in respect of only one candidate of that party at such election to the effect that such candidate is the official candidate of that party at such election; or

(b) if more than one candidate has to be returned for that district at such election, validly issue, under his hand, to such returning officer a certificate in respect of each of as many candidates of that party at such election as there are candidates to be so returned to the effect referred to in paragraph (a) of this subsection.

A certificate so validly is issued in this Order referred to as a "valid certificate of official candidature”.

Where more than one valid certificate of official candidature is issued in respect of any election by the authorised agent of a recognised party for the purpose of elections, one such certificate shall bear an endorsement that the candidate in relation to whom it is issued shall be allotted the approved symbol of that party.

(2) The authorised agent of a recognised party for the purpose of elections may at any time cancel a valid certificate of official candidature issued in respect of any candidate of that party at any election which is due to be held in any electoral district, and issue another such certificate in its place to any other candidate of that party.

(3) A certificate of official candidature for the purposes of sections 29 and 35 which is not validly issued shall be invalid and of no effect.

(4) In this Order, the expression "authorised agent of a recognised party for the purpose of elections”, in relation to an election which is due to be held in any electoral district, means—

(a) the person appointed as such agent by the Secretary of that party and whose name and address has been notified to the Commissioner under section 28A or section 28C;

(b) in the absence of such appointment and notification, the Secretary of that party.

[S 28F ins by s 17 of Act 10 of 1964.]

28FF. Determination of any doubt or question with regard to certificates of official candidature.

(1) Where, in the exercise or discharge or performance of any power, function or duty conferred or imposed on the Commissioner or the returning officer for any electoral district, any doubt or question arises—

(a) as to whether or not any certificate of official candidature has been validly issued; or

(b) as to whether or not any such certificate is in force; or

(c) as to whether or not a person is the official candidate of any recognised party for the purpose of elections, such doubt or question shall be determined by the Commissioner, or such returning officer, as the case may be, in his absolute discretion, and any such determination shall be final and conclusive, and shall not be called in question in any court.

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

(a) the Commissioner or a returning officer by reason of his having made a determination under sub-section (1); or

(b) any other officer for any act or thing done or omitted to be done in accordance with such determination.

(3) The preceding provisions of this section, and any determination made thereunder, shall have effect notwithstanding anything to the contrary in any other provisions of this Order.

[S 28FF ins by s 9 of Act 9 of 1970.]

28G. Power of Commissioner to direct which one of the rival sections of a recognised party for the purpose of elections is that party.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


Recent Updates

PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


PROVINCIAL COUNCILS ELECTIONS (AMENDMENT) ACT, No. 17 OF 2017


FISHERIES AND AQUATIC RESOURCES(AMENDMENT) ACT, No. 11 OF 2017


NATION BUILDING TAX (AMENDMENT)ACT, No. 13 OF 2017


SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY (AMENDMENT) ACT, No. 14 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015