ACT, No. 58 OF 2009

58of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
PARLIAMENTARY ELECTIONS
(AMENDMENT) ACT, No. 58 OF 2009
[Certified on 16th October, 2009]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of October 16, 2009
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
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Parliamentary Elections (Amendment) 1
Act, No. 58 of 2009
[Certified on 16th October, 2009]
L.D.—O. 3/2009.
ANACT TO AMEND THE PARLIAMENTARY ELECTIONS
ACT, NO. 1 OF 1981
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :—
1. This Act may be cited as the Parliamentary Elections Short title.
(Amendment) Act, No. 58 of 2009.
2. Section 7 of the Parliamentary Elections Act, No. 1 Amendment of
section 7 of Act,
of 1981 (hereinafter referred to as the “principal enactment”)
No. 1 of 1981.
is hereby amended by the repeal of subsections (4), (5), (6)
and (7) of that section and the substitution therefore of the
following:—
“(4) (a) The Commission shall, before the thirty-first
day of January of each year, publish a Notice calling
upon the Secretary of a political party, other than a party
which is already entitled to be treated as a recognized
political party for the purpose of elections, to make a
written application to the Commission, on behalf of
that party within such period as may be specified in
such notice, subject to the provisions of paragraphs (d)
and (e), that such party be treated as a recognized
political party for the purpose of elections. The
application shall also specify the approved symbol
which such party wishes to have allocated to it, out of
the available approved symbols, in the event such party
is to be so treated.
(b) The Commission shall at the beginning of every
calendar year, cause to be published in the Gazette a
Notification containing a list of the names of all political
parties entitled to be treated as recognized political
parties for the purpose of elections.
2—PL 004303—4,250 (08/2009)
2 Parliamentary Elections (Amendment)
Act, No. 58 of 2009
(c) The Secretary of a political party shall, at the time
an application is made under paragraph (a), furnish to
the Commission a copy of the Constitution of such party
and a list of office bearers, an audited statement of
accounts and the contemporary policy statement of such
party.
(d) In order to guarantee better representation of
women in political parties and in politics, every
recognized political party shall ensure the inclusion of
one or more women office bearers in the list of office-
bearers of such party.
(e) Nothing in paragraph (a) of this subsection
shall be read or construed as enabling the Commission
to call for applications from political parties
for recognition for the Secretary of a political party to
make an application under that paragraph at any time
during any of the following periods, that is to say, the
period—
(i) commencing on the date of a Proclamation
dissolving Parliament or of an Order requiring
the holding of an election under this Act and
ending on the date of poll specified in such
Proclamation or Order ; or
(ii) commencing on the date of an Order made
under section 2 of the Presidential Elections
Act, No. 15 of 1981 and ending on the date of
poll fixed by that Order ; or
(iii) commencing on the date of a Notice under
section 10 of the Provincial Councils
Elections Act, No. 2 of 1988, relating to an
election under that Act and ending on the
date of poll specified for that election in an
Order made under section 22 of that Act ; or
(iv) commencing on the date of a Notice under
section 26 of the Local Authorities Elections
Ordinance (Chapter 262) relating to an
Parliamentary Elections (Amendment) 3
Act, No. 58 of 2009
election under that Ordinance and ending on
the date of poll specified in a Notice under
section 38 of that Ordinance ; or
(v) commencing on the date of a Proclamation
issued under section 2 of the Referendum Act,
No. 7 of 1981 and ending on the date of poll
appointed by that Proclamation.
(f) If paragraph (d) is in operation during the
month of January of any year Commission shall publish
the Notice as specified in paragraph (a) after the
expiration of a period of thirty days from the date of
poll, calling for applications for the recognition of
eligible political parties.
(g) Where an application made under paragraph (a)
in respect of a political party is disallowed by the
Commission, no application shall be made under that
subsection in respect of that political party until after
the expiration of a period of one year from the date of
the Order disallowing the such application.
(5) Upon receipt of an application duly made under
subsection (4) on behalf of any political party, the
Commission shall, after such inquiry as it may
deem fit —
(a) if in the opinion of the Commission such party
is a political party and is capable of contesting
elections under this Act ; and
(b) if the Commission is satisfied that—
(i) such party has been engaged in political
activities for a continuous period of at least
four years prior to the date of the making
of such application; or
(ii)(A) out of at least two candidates nominated
by such party at least one was successful
at the last Parliamentary general election
4 Parliamentary Elections (Amendment)
Act, No. 58 of 2009
held immediately preceding the date of
the application of such party; or
(B)out of at least five candidates nominated
by such party for five different Provincial
Councils at least three were successful at
the last provincial elections held
immediately preceding the date of
application of such party,
the Commission may make Order—
(i) that such party shall be entitled to be
treated as a recognized political party
for the purpose of elections, subject
however, to the provisions of this Act ;
(ii) allotting an approved symbol to such
party, being the approved symbol
which the political party wishes to have
allocated to it out of the approved
symbols, determined by the
Commission in its absolute discretion,
but not being the approved symbol of
any other political party which is
entitled to be so treated.
(6) A political party shall not be entitled to be treated
as a recognized political party under paragraph (a) of
subsection (5) if its name is identical with the name of
any party which is already entitled to be treated as a
recognized political party or in the opinion of the
Commission so nearly resembles such name as to be
calculated to mislead, confuse or deceive.
(7) The Order of the Commission made under
subsection (5) on any application made under subsection
(4) shall be final and shall not be called in question in
any court.
Parliamentary Elections (Amendment) 5
Act, No. 58 of 2009
(8) For the purposes of subsection (5) of this section,
the words “such party” shall include a constituent party
of a party which is formed, based on a political alliance.”.
3. Section 8 of the principal enactment is hereby Amendment of
repealed and the following section substituted therefore:— section 8 of the
principal
enactment.
“Recognized 8. (1) It shall be the duty of the Secretary of
political every recognized political party to submit to
parties to
comply with the Commission a copy of the Constitution of
certain such party together with a list of the office
requirements. bearers of such party and a copy of the political
programme of such party—
(a) in the case of a recognized political
party referred to in subsection (2) of
section 7, within three months from the
date of coming into operation of this
Act; and
(b) in the case of any other recognized
political party, within three months
from the date on which such party is
entitled to be treated as a recognized
political party under paragraph (a) of
subsection (5) of section 7.
(2) Every recognized political party shall
hold a general meeting once a year or as
specified in the Constitution of the party. The
procedure to be followed at such meeting shall
be specified in such Constitution.
(3) Where a recognized political party
amends its Constitution or changes its office
bearers, the Secretary of such party shall, before
the expiry of a period of thirty days from the
date of such amendment or change, inform
the Commission in writing of such amendment
or change.
6 Parliamentary Elections (Amendment)
Act, No. 58 of 2009
(4) A copy of the annual statement of
accounts of every recognized political party
audited by a registered auditor shall be
submitted to the Commission.
(5) Every recognized political party shall
be entitled to State assistance as provided for
in the relevant written laws applicable to the
conduct of elections.
(6) (a) For the purpose of exercising the
powers conferred on the Commission under
this Act, the Commission may by notice in
writing require the Secretary of any political
party to furnish such information specified in
the notice issued, pertaining to such political
party or to produce any document as shall be
specified therein, within such period as shall
be specified in the notice.
(b) It shall be the duty of the Secretary of
any political party who is required by notice
to furnish any information under subsection
(1), to comply with those requirements within
the time specified in such notice, unless such
Secretary is precluded from divulging such
information under the provisions of any written
law.
(7) Any person shall, on payment of a
prescribed fee to the Commission have the right
to call for and refer to the Constitution of a
political party and on payment of the prescribed
fee shall have the right to obtain a certified
copy of such Constitution.
(8) Commission may issue from time to time
a Code of Conduct to be observed by political
parties and candidates during elections.
Parliamentary Elections (Amendment) 7
Act, No. 58 of 2009
(9) The Commission may from time to time
issue such general or special directions to the
political parties, a person or body as may be
necessary for the effective and efficient
implementation of the provisions of this section
and section 7.”.
4. The following new section is hereby inserted Insertion of new
immediately after section 8 of the principal enactment and section 8A in the
principal
shall have effect as section 8A of that enactment:—
enactment.
“Commission 8A. It shall be the duty of the Secretary of
to be notified any alliance which is formed between two or
of any
more recognized political parties, to notify the
alliance of
political Commission of the names of the constituent
parties. parties of such alliance and the office bearers
thereof.”.
5. Section 9 of the principal enactment is hereby Replacement of
repealed and the following section substituted therefore:— section 9 of the
principal
“Cessation of 9. (1) Subject to subsection (2), where any enactment.
recognition recognized political party fails to comply with
of a political
the provisions of section 8, such party shall
party.
cease to be a recognized political party.
(2) The Commission may, upon
application made in writing in that behalf by
the Secretary of a recognized political party, in
its discretion, extend the period referred to in
section 8 for a further period not exceeding
sixty days.
(3) A political party which is entitled to be
treated as a recognized political party for the
purpose of elections shall cease to be so
entitled—
(i) if not one single candidate of such party
is nominated for two consecutive
Parliamentary general elections;
8 Parliamentary Elections (Amendment)
Act, No. 58 of 2009
(ii) if it does not conform to the
requirements of subsections (1), (3), (4)
and (7) of section 8.
(4) For the purposes of this section, the
words “such party” shall include a constituent
party of a party which is formed, based on a
political alliance.”.
Sinhala text to 6. In the event of any inconsistency between the Sinhala
prevail in case
and Tamil texts of this Act, the Sinhala text shall prevail.
of inconsistency.

Parliamentary Elections (Amendment) 9
Act, No. 58 of 2009
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