PROVINCIAL COUNCILS ELECTIONS ACT

Arrangement of Sections

1. Short title.

PART I

Preliminary

2. Application of Act.

3. Membership of Provincial Council.

3A. Delimitation Committee.

4. Polling divisions and polling districts.

5. Registers of electors.

6. Register of electors to be conclusive evidence of right to vote.

7. Returning officers.

8. Recognised political parties for the purpose of elections.

9. Disqualification of membership.

PART II

Nominations

10. Nomination period.

11. Power of Commissioner to direct which one of the rival sections of recognised political party is that party.

12. Who may contest election.

13. Nomination papers.

14. Deposits.

15. Disposal of deposits.

16. Connect to nomination of offence under certain circumstances.

17. Rejection of nominated papers.

18. Uncontested election.

19. Procedure where no nomination papers are received.

20. Contested elections.

21. Persons entitled to be present at nomination.

PART III

The Poll

22. Notice of poll.

23. Death of candidate after nomination.

24. Voting by post.

25. Official poll card.

26. Presiding officers.

27. Facilities to be provided at polling station.

28. Notice to be exhibited at polling stations.

29. Ballot boxes.

30. Ballot papers.

31. Hours of poll.

32. Appointment of the polling agent.

33. General conduct of the poll.

34. Sealing of ballot boxes and commencement of the poll.

35. Issue of ballet papers.

36. Inspection of voter and marking with the appropriate mark.

37. Manner of voting.

38. Assistance to voters to enable them to vote.

39. Voting by proxy forbidden.

40. Plural voting to be an illegal practice.

41. Power to require voter to make declarations.

42. Spoilt ballot papers.

43. Tendered votes.

44. Closure of the poll.

45. Procedure on closure of the poll.

46. Presiding officers may act through officers appointed to assist him.

46A. Disturbances at polling stations.

47. Counting officers.

48. Notice of the count.

49. Appointment of counting agents.

50. The count.

51. Ballot papers to be rejected.

52. Special provisions relating to powers duties and functions under sections 50 and 51.

53. Closure of the count.

54. Counting of postal ballot papers.

55. Notice of declaration of result.

56. Appointment of agents to attend at the declaration of result.

57. Persons entitled to be present at the declaration of result.

58. Declaration of the result.

58A. Election of members of Provincial Councils.

58B. Number of members to be returned.

59. Special provinces relating to powers, duties or functions under section 58.

60. Publications of result in the Gazette.

61. Disposal of ballot papers.

61A. Bonus seats.

62. Vacation of membership.

63. Vacation of office on ceasing to be member of recognised political party or independent group.

64. Penalty for acting as member after office is vacated.

65. Filling of vacancies.

66. Offences related to nomination papers, ballot papers, official poll cards.

67. Certain persons not qualified to vote.

68. Certain acts prohibited on polling day.

69. Restriction on procession.

70. Restriction on public meetings.

71. General provisions relating to offences.

72. Printing of election publications by persons.

73. Restriction on number of election offices.

74. Provisions relating to displayed handbills, poster.

75. Candidate not to visit residence for canvassing.

76. Certain persons not to canvass or act as an agent.

77. Maintenance of secrecy in elections.

78. Personation.

79. Treating.

80. Undue influence.

81. Bribery.

82. Punishment and incapacities for corrupt practice.

83. Special provision relating to punishment and incapacity for a corrupt practice by an unsuccessful candidate at an election.

84. Certain expenditure to be illegal practice.

85. False reports in newspapers.

86. Certain employment to be illegal.

87. Printing of election publications.

88. Punishment on conviction for illegal practices.

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

90. Additional penalty for certain offences.

91. Avoidance by conviction of candidate.

92. Avoidance of election on election petition.

93. Court of Appeal to try election petitions.

94. Place of trial of an election petition.

95. Who may present petition.

96. Relief which may be claimed.

97. Parties to a petition.

98. Contents of the petitioner.

99. Special provision relating to the procedure before an Election Judge.

100. Determination of Election Judge.

101. Report of Judges as to corrupt or illegal practice.

102. Appeal on question of law against determination under section 100 and any other decision or order of Election Judge.

103. Security by appellants of appeal.

104. Power of the Supreme Court in appeal.

105. Transmission to President of certificate and report.

106. Effect of Certificate.

107. Effect of Report.

108. Time for presentation.

109. Prohibition of disclosure of vote.

110. Votes to be struck off at a scrutiny.

111. Procedure and practice on election petitions.

113. Report Exonerating candidate in certain cases of corrupt or illegal practices.

114. Power at Court to except innocent act from being illegal.

115. Failure to comply with.

116. Death, withdrawal or disqualification of candidate not to invalidate nomination paper of a party or group.

117. Use of schools as polling station.

118. Secretary of a recognised political party or group leader may act as his own agent or assist his agent.

119. Non-attendance of the agents of recognised political party or independent group.

120. Prohibition of disclosure of vote.

121. Inaccurate description of places and persons.

122. Publication of notices.

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

124. Requisition of premises for use as polling stations.

125. Compensation for requisitioning premises.

125A. Procedure for casting vote where there is a reasonable fear of inability to cast vote at a given polling station.

126. Powers of Commissioner.

127. Removal of difficulties.

128. National identity card.

128A. Special provision applicable to first elections under this Act.

129. Interpretation.

SCHEDULES

2 of 1988,

35 of 1988,

55 of 1988,

27 of 1990,

29 of 1990,

7 of 1993,

5 of 2004,

14 of 2004,

28 of 2011,

17 of 2017.

AN ACT to make provision for the procedure of the election of member of Provincial Councils and for matters connected there with or incidental thereto.

[Date of Commencement: 27th January, 1988]

1. Short title.

This Act may be cited as the Provincial Councils Elections Act.

PART I

Preliminary

2. Application of Act.

The provisions of this Act shall apply to every Provincial Council established under the provisions of Part XVIIA of the Constitution.

3. Membership of Provincial Council.

(1) Every Provincial Council shall consist of such number of members as may be specified by the President in an Order made under section 2 of the Provincial Councils Act, No. 42 of 1987.

[S 3(1) subs by s 2 of Act 5 of 2004.]

(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—

(a) one member for every 40,000 residents in that administrative district. For the purpose of making determination under this paragraph, the total number of persons who, according to the last general census, were for the time being resident in that administrative district shall be ascertained to the nearest 40,000; and

(b) one member for every 1000 square kilometers of area in that administrative district. For the purpose of making a determination under this paragraph, the area of that administrative district shall be calculated to the nearest 1000 square kilometers:

Provided that, the number of members determined by the Commissioner in terms of this subsection shall correspond to the number of members specified by the President by an Order made under section 2 of the Provincial Councils Act, No. 42 of 1987, less two members to be declared elected in terms of subsection (2) of section 61A.

[S 3(3)(b) am by s 2 of Act 5 of 2004.]

(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.

3A. Delimitation Committee.

(1) There shall be a Delimitation Committee (hereinafter referred to as the “Committee”) appointed by the President within two weeks of the commencement of this Act, consisting of five persons representing the pluralistic character of Sri Lankan society, including professional and social diversity by Order published in the Gazette, one of whom shall be nominated by the President as the Chairman of the Committee.

(2) The Committee shall divide each administrative district into such number of electorates as corresponds to fifty percent of the total number of members to be elected from such administrative district in terms of subsection (3) of section 3:

Provided that, if the number corresponding to fifty percent of the total number of members to be elected from such administrative district in terms of subsection (3) of section 3 is an integer and a fraction, the number shall be rounded to nearest integer.

(3) The Committee shall assign names to each such electorate.

(4) In the division of administrative district into electorates, the following factors shall be taken into consideration by the Committee—

(a) where it appears to the Committee that, there is, in any area of an administrative district, a substantial concentration of persons united by a community of interest, whether racial, religious or otherwise, but differing in one or more of these respects from the majority of the inhabitants of that area, the Committee may make such division of the administrative districts into electorates;

(b) in making such division, the Committee shall have due regard to—

(i) the desirability of reducing to the minimum the disproportion in the number of persons resident in the several electorates of the administrative districts within the Province; and

(ii) the geographical and physical features of the electorates.

(5) Where the Committee is of the view that having taken into consideration the requirements specified in subsection (4), it is appropriate to create an electorate which shall be entitled to return more than one member, the Committee shall create a multi member electorate or electorates, as the case may be for any administrative district.

(6) Each electorate within an administrative district shall be entitled to directly return one or more members, as the case may be, to a Provincial Council.

(7) The Committee shall fulfil its responsibilities and duties in terms of subsections (2), (3), (4) and (5) of this section, within four months of its appointment and thereafter submit its report to the Minister.

(8) The Committee shall endeavour to arrive at a consensus in deciding on the matters entrusted to the Committee.

(9) The Committee shall decide on the procedure to be followed in fulfilling its obligations.

(10) For the purpose of fulfilling its obligations in terms of this section, the Committee shall appoint such officers, experts, technical committees and sub-committees as may be necessary.

(11) The Committee shall submit its report to the Minister, who shall within two weeks of the receipt of such report, table it in Parliament for its approval by not less than two-thirds of the whole number of Members of Parliament (including those not present) voting in its favour.

(12) Where Parliament does not approve such report in terms of subsection (11) within one month of the tabling of the report, then the Speaker shall appoint a Review Committee, consisting of five persons representing the major communities and, headed by the Prime Minister.

(13) The Review Committee shall cause any alteration to be made to the names, numbers, and boundaries of any electorate.

(14) The Review Committee shall fulfil its responsibilities and duties in terms of subsection (13), within two months of the Minister having referred the report for its consideration and thereafter submit its report to the President.

(15) Upon the receipt of the report of the Review Committee, the President shall by Proclamation forthwith publish the new number of electorates, the boundaries, names assigned to each electorate so created on the report submitted by the Review Committee.

(16) The total number of members which each administrative district is entitled to return shall comprise of—

(a) such number of members as is equivalent to the number of Electorates within such administrative district; and

(b) such number of additional members to be elected (hereinafter referred to as the “additional members”) in order to ensure that the total number of members elected from such administrative district is equivalent to the number of members to be elected from such administrative district of the Province as determined by the Election Commission in terms of subsection (3) of section 3.

(17) Any recognised political party or any group of persons contesting as independent candidates (hereinafter referred to as an “independent group”) may for the purpose of any election of members of Provincial Councils for any administrative district, submit two nomination papers setting out—

(a) the names of each candidate nominated in respect of each electorate (in this Act, hereinafter referred to as the “Electorate List”); and

(b) the names of additional candidates in respect of such administrative district as is equivalent to the number of additional members entitled to be elected from such administrative district, increased by three (in this Act hereinafter referred to as the “District List”).

[S 3A ins by s 4 of Act 17 of 2017.]

4. Polling divisions and polling districts.

(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.

5. Registers of electors.

(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, notwithstanding 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.

6. Register of electors to be conclusive evidence of right to vote.

A register of electors referred to in section 5 shall be conclusive evidence for the purpose of determining whether a person is or is not entitled to vote at an election under this Act and the right of voting of any person whose name is for the time being contained in such register shall not be prejudiced by any appeal pending under any written law for the time being in force in respect of the entry of such person’s name in the register, and any vote given by any such person during the pendency of such appeal shall be as good as though no such appeal were pending and shall not be affected by the subsequent decision of the appeal:

Provided that if any person, who by reason of his conviction of a corrupt practice or an illegal practice or by reason of any of the provisions of the Constitution or by reason of his disqualification under section 67, is incapable of voting at an election under this Act, votes at such election, he shall, on conviction before a Magistrate be liable to a fine not exceeding one thousand rupees or to imprisonment of either description for a period not exceeding six months:

Provided further that nothing in this section shall affect the liability of any person to any penalty for an Infringe-infringement of the provisions relating to voting in person under section 24 or to plural voting under section 40.

7. Returning officers.

(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 all 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.

8. Recognised political parties for the purpose of elections.

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

9. Disqualification of membership.

No person shall be qualified to be elected as a member of a Provincial Council or to sit and vote as an elected member of such Council, if such person is subject to any of the disqualifications as specified in section 3 of the Provincial Councils Act, No. 42 of 1987.

PART II

Nominations

10. Nomination period.

(1) Within four weeks 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 by reason of the operation of section 5A of the Provincial Councils Act, No 42 of 1987 or in the case of the first elections held under this Act, within four weeks 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.

[S 10(1) am by s 2 of Act 29 of 1990; s 2 of Act 17 of 2017.]

(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.

11. Power of Commissioner to direct which one of the rival sections of recognised political party is that party.

(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 recognised 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 recognised 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—

(a) the Commissioner by reason of his having issued a direction under subsection (1); or

(b) a returning officer or any other officer for any act or thing done or omitted to be done in accordance with that direction.

(3) A direction issued to a returning officer under subsection (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.

12. Who may contest election.

Any person who is not disqualified to be elected as a member of a Provincial Council under the Provincial Councils Act may be nominated as a candidate for election.

13. Nomination papers.

(1) Any recognised 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 two nomination papers setting out the names of the candidates contesting electorates, and the names of the candidates on the District List and the Electorate List. Such nomination papers shall be substantially in the form prescribed by law:

Provided that, in submitting such lists, each political party or independent group shall ensure that not less than one-sixth of the total number of candidates to be nominated on the Electorate List, and not less than fifty per centum of the total number of candidates in the district list, shall be women candidates:

Provided further that, in the event that the number corresponding to one-sixth of fifty per centum as the case may be shall be an integer and fraction, the integer shall be deemed to be the applicable number:

Provided further that, the Commissioner of Elections shall, by notice published in the Gazette, simultaneously with the call for nominations, specify the number of women candidates to be nominated on each nomination list, in respect of each administrative district.

(2) The written consent of each candidate to be nominated by a recognised 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 recognised political party or in the case of an independent group, by the candidate who is the independent group leader (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 recognised political party or by the candidate whose name appears first in the nomination paper setting out the names of the candidates on the district list (hereinafter referred to as the “authorised agent”) in the ease of a recognised 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 recognised political party or the authorised agent or the group leader is unable to deliver a nomination paper, the candidate whose name appears second on the district list 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 recognised 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 the form prescribed by law.

(8) —

(a) Where it appears to the secretary of a recognised political party or an authorised agent or a group leader that there is any omission or clerical error in a nomination paper submitted by such party or independent group he may make an application to the returning officer before the expiry of the nomination period to correct such omission or error on such paper.

(b) Where the returning officer is satisfied that such omission or error is due to inadvertence, the returning officer may allow such secretary or authorised agent or group leader to correct such omission or error in his presence.

(c) For the purposes of this subsection the omission of the name of a candidate, or the failure of a candidate to endorse his consent on a nomination paper, or the failure of the secretary of a recognised political party or a group leader to sign a nomination paper or the failure of a Justice of the Peace or a notary public to attest such signature shall be deemed not to be an omission or a clerical error due to inadvertence.

[S 13 am by s 3 of Act 17 of 2017.]

14. Deposits.

(1) A group leader or any other person authorised 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 authorised 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—

(a) the name of the group leader by whom the deposit was made or of the authorised person by whom and on whose behalf the deposit was made;

(b) the number of candidates;

(c) the amount of the deposit; and

(d) the time and the date of the deposit.

15. Disposal of deposits.

(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 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.

[S 15(3) subs by s 2 of Act 7 of 1993.]

(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.

16. Connect to nomination of offence under certain circumstances.

where any Person who is not qualified to be elected as a member of a Provincial Council—

(a) by reason of his conviction for a corrupt or illegal practice or by reason at the report of an 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,

signifies his consent to be nominated as a candidate at an election under this Act, he 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 three months or to both such fine and imprisonment.

17. Rejection of nominated papers.

(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—

(a) that has not been delivered in accordance with the provisions of subsection (1) or subsection (5) of section 13; or

(b) that does not contain the total number of candidates required to be nominated in terms of section 13; or

(c) in respect of which the deposit required under section 14 has not been made; or

(d) where the consent of one or more candidate has or have not been endorsed on the nomination paper or where the oath or affirmation in the form set out in the seventh schedule to the constitution of one or more candidates has or have not been annexed to the nomination paper; or

(e) where the signature of the secretary in the case of a recognised political party, or of the group leader in the case of an independent group does not appeal’ on the nomination paper or where such signature has not been attested as required by subsection (3) of section 13.

(2) Where any nomination paper has been rejected by the returning officer under subsection (1), the returning officer shall inform the secretary of the recognised 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.

18. Uncontested election.

(1) Where the candidates of only one recognised political party or one independent group stand nominated for election, the returning officer shall declare the candidates on the Electorate List of such party or group as having been elected as members of that Provincial Council, and shall call upon the secretary of such recognised 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 the District List shall be declared elected as additional members of that Provincial Council. Where 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 such candidates elected as additional members of that Provincial Council. Where such secretary or independent 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 district list, as is equal to the number of additional members to be elected to that Provincial Council, shall be declared elected as members. The provisions of section 58B shall apply to such nominations. The provisions of section 58B shall apply to any nomination made by such Secretary or independent group leader, as the case may be or to any declaration made by the returning officer under this subsection.

(2) The returning officer shall forthwith make a return which shall be substantially in the prescribed form, to the Commissioner who shall cause the names of the members so elected to be published in the Gazette.

[S 18 subs by s 5 of Act 17 of 2017.]

19. Procedure where no nomination papers are received.

Where in the case of any administrative district the returning officer finds at the expiry of the nomination period—

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

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

the returning officer shall not later than seven days after the expiry of the nomination period publish a notice prescribing a second nomination period. Such period shall commence on the seventh day after the date of the publication of the notice and expires at twelve noon on the fourteenth day after the date of publication of such notice. The provisions of this Act shall apply in relation to the second nomination period subject however that the duration of the nomination period referred to in section 10 shall not be applicable to the second nomination period.

20. Contested elections.

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

(a) to each recognised political party for the purpose of that election, the approved symbol of that party; and

(b) in respect of each independent group, an approved symbol and where there is more than one independent group an approved symbol and a distinguishing: number determined—

(i) in the first instance by agreement among the group leaders; or

(ii) in the absence of such agreement by lots cast or drawn in such manner as the returning officer may, in his absolute discretion, determine,

and such symbol shall be printed on the ballot paper opposite—

(i) the name of such party; and

(ii) in the case of an independent group, the words “Independent Group” and the distinguishing number, if any, allotted to that group.

(2) The approved symbol of a recognised 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.

21. Persons entitled to be present at nomination.

No person other than the returning officer, the secretary of a recognised political party, the authorised agent, second on a nomination paper and one other person, if any, the group leader, the candidates whose name appears second on a nomination paper and one other person, if any, selected by such secretary or authorised agent or group leader shall, except with the consent of and for the purpose of assisting the returning officer, be entitled to be present at the proceedings under sections 13, 17, 18 and 20.

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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