Presidential Elections (Special Provisions) act

Arrangement of Sections

1. Short title.

2. Application of the provisions of this Act.

3. Parliament to elect President in certain circumstances.

4. Occurrence of vacancy shall operate as a summoning of Parliament.

5. Secretary-General to inform Parliament of vacancy.

6. Nomination day.

7. Procedure on election day.

8. Manner of voting.

9. Rejection of ballot papers.

10. The count.

11. Declaration where a candidate receives absolute majority.

12. Procedure where no candidate receives absolute majority.

13. Equality of votes.

14. Vacancy occurring during dissolution.

15. First meeting to be nomination day.

16. Procedure for election, counting votes, rejection of ballot papers.

17. Publication Gazette.

18. Disposal ballot papers.

19. Avoidance of election on election petition.

20. Punishment and incapacities for undue influence and bribery.

21. Election petitions.

22. Relief that may be claimed by the petitioner.

23. Orders of the Supreme Court.

24. Transmission to Speaker of order.

25. Effect of order.

SCHEDULE

2 of 1981.

AN ACT to make provisions for the procedure for the Election of the President of the Democratic Socialist Republic of Sri Lanka is terms of Article 40 of the constitution and to provide for matters connected there-with or incidental thereto.

[Date of Commencement: 29th January, 1981]

1. Short title.

This Act may be cited as the Presidential Elections (Special Provisions) Act.

2. Application of the provisions of this Act.

The provisions of this Act shall apply when the office of President shall become vacant in terms of Article 38 (1) of the Constitution.

3. Parliament to elect President in certain circumstances.

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

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

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

4. Occurrence of vacancy shall operate as a summoning of Parliament

The occurrence of a vacancy in the office of President shall, when Parliament has not been dissolved, operate as a summoning of Parliament to meet within three days of such occurrence. The Secretary-General of Parliament (hereinafter referred to as the "Secretary-General”) shall inform the members of Parliament of the date and time fixed for such meeting.

5. Secretary-General to inform Parliament of vacancy.

When Parliament meets in pursuance of section 4, the Secretary-General shall inform Parliament that a vacancy in the office of President has occurred. He shall fix a date and time at which nominations shall be received by him being a date not earlier than forty-eight hours and not later than seven days from the date of such meeting.

6. Nomination day.

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

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

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

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

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