LOCAL AUTHORITIES ELECTIONS

(1) There may be appointed, by name or by office, for each district in Sri Lanka, a fit and proper person to be, or to act, as returning officer and one or more persons to be, or to act, as assistant returning officers.

(2) There may also be appointed such clerical and minor staff as may be necessary to assist the aforesaid officers in the performance of their duties under this Ordinance.

(3) Every person appointed under the preceding provisions of this section shall be deemed for all purposes to be a public servant and shall be paid such salary and allowances out of the Consolidated Fund as may be determined or approved by the Minister with the concurrence of the Minister in charge of the subject of Finance.

(1) In the exercise or performance of the powers or duties conferred or imposed by this Ordinance each elections officer shall be subject to the general supervision and control of the Commissioner.

(2) Subject to the general supervision and control of the Commissioner-

(1) Every person-

(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.

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

(a) he was, on the date of the commencement of the preparation or revision of the parliamentary register for the time being in operation for any electoral district in which that electoral area or any part thereof is situated, qualified to have his name entered in that register; and

(b) he was, on the first day of June in the year of the commencement of the preparation or revision of that register, ordinarily resident in that electoral area.

(1) No person shall, at any time, be qualified to be elected under this Ordinance, or to sit or to vote, as a member of any local authority, if such person at that time-

(1A) No person shall be qualified to be [§ 8, Law 24 of elected under this Ordinance or to sit or to 1977]vote as a member of any local authority if such person’s name appears as a candidate in more than one nomination paper for the same general election.

(2) A person shall, at any time, be disqualified from being elected under this Ordinance, or from sitting or voting, as a member of any local authority if such person at that time-

(3) Without prejudice to the generality of the provisions of subsection (1) and subsection (2), no person who, at any time after the appointed date, is removed from the office of Mayor or member of a Municipal Council, Chairman or member of any Development Council or any Urban Council or any Pradeshiya Sabha, by Order published under section 277 of the Municipal Councils Ordinance or section 63 of the Development Councils Act. or section 184 of the Urban Councils Ordinance or section 185 of the Pradeshiya Sabhas Ad, as the case may be, shall be qualified for a period of five years from the date of such removal from office to be elected under this Ordinance, or to sit or vote as a member of any local authority.

*(5) For the purposes of this section-

(1) Where any member of a local authority is, by reason of the operation of any of the provisions of section 9, disqualified from sitting or voting as a member of such authority, his seat or office shall ipso facto become vacant.

(2) Where the seat or office of a member of a local authority becomes vacant by reason of the operation of the provisions of subsection (1), the provisions of the enactment by or under which such authority is constituted shall apply for the purpose of filling up the vacant seat or office in like manner as they would have applied if such member had resigned his seat or office.

(1) If the elections officer of the district in which a local authority area is situated, is satisfied that any person whose name has been included as a candidate for election as a member of that local authority, in the nomination paper of a recognized political party, has ceased to be a member of that party, the elections officer shall, subject to the provisions of subsection (2), by notice published in the Gazette declare that such person-

(2) The elections officer shall not publish the notice referred to in subsection (t) except after-

(3) Whenever any person whose name has been included in the nomination paper of a recognized political party ceases to be a member of such party the secretary of that party shall furnish such information to the elections officer of the district in which the local authority, to which that nomination paper relates, is situated.

(1) Each parliamentary polling district for the time being in force in any local authority area shall be deemed to be a polling district for the purpose of elections to that local authority : Provided, however, that the elections officer may for the purpose of local elections by notification published in the Gazette alter or modify any such parliamentary polling district.

(2) Where a parliamentary polling district comprises parts of more than one local authority area, each such part shall be deemed to be a polling district for the purpose of the general election of the members of the local authority of that area.

(3) Unless the elections officer considers it necessary or expedient in the special circumstances of any case to provide a separate polling station for female voters there shall be for each polling district, one polling station and no more.

(1) Notwithstanding the provisions of section 12, where an order polling constituting a new local authority or altering the administrative limits of a local authority is made the elections officer of the district in which that local authority is situated may-

(2) Unless the Commissioner otherwise directs, the division of an electoral area 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 voters.

(3) Subject to the provisions of subsection (2), the division of an electoral area into polling districts may be altered by the elections 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 area, particulars mentioned in paragraph (d) of subsection (1) and the date on which such alteration shall come into effect.

(4) 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.

(5) Unless the elections officer considers it necessary or expedient in the special circumstances of any case to provide a separate polling station for female voters there shall be for each polling district, one polling station and no more.

(1) Upon the publication of a notice under section 16 in respect of the electoral list of any electoral area-

Every application under paragraph (a) (hereinafter referred to as a ” claim “) and every application under paragraph (b) (hereinafter referred to as an ” objection “) shall be made in writing to the elections officer of the district in which the area is situated not later than fourteen days from the date of the publication of the notice.

(2) No claim or objection shall be entertained by the elections officer unless it is made within the time specified by subsection (1).

(1) Upon the expiry of a period of fourteen days from the date of the publication of the notice under section 16 in respect of the electoral list of any electoral area, the elections officer of the district in which the area is situated shall, if any claim or objection has been duly made in respect of the list, publish a notice-

(2)

(3) For the purpose of deciding any claim or objection, the elections officer may administer an oath or affirmation, and any person knowingly making any false statement upon such oath or affirmation shall be guilty of an offence and shall be liable to the penalties prescribed by the Penal Code for the offence of giving false evidence in a judicial proceeding.

(4) The decision of the elections officer under this section on every claim or objection shall, subject to the provisions of sections 20 and 21, be final and conclusive.

(5) The elections officer shall, after [§21, Law 24 deciding all the claims and objections made of 1977] in respect of the electoral list, make such amendments in the list as he may deem necessary to give effect to any such decision.

(6) Every person who wilfully makes a false statement or declaration in any claim or objection or at any inquiry held in connection therewith shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred rupees.

(7) The elections officer shall keep order at any inquiry held under this section into any claim or objection, and shall regulate the number of persons to be admitted at a time, and may exclude all persons, except the claimant and persons who desire to oppose the claim or, as the case may be, the objector and the person in regard to whom the objection is made, the police officers on duty, and other persons officially employed for the purposes of the inquiry.

(8) If any person misconducts himself at any inquiry held under this section into any claim or objection, or fails to obey the lawful orders of the elections officer, the elections officer may cause him to be removed forthwith from the place at which the inquiry is being held by any police officer or by any other person authorized in writing by the elections officer.

(9) Any person removed from a place at which an inquiry is being held under this section-

(1) No person shall be entitled to have his name entered or retained-

(2)

(3) Where, in compliance with a notice under paragraph (a) of subsection (2), a person specifies-

(4) Where a person fails to comply with a notice under paragraph (a) of subsection (2),-

(5) The failure of any person to comply with any notice served under paragraph (a) of subsection (2), or the failure of an elections officer to comply with the provisions of subsection (4) in respect of that person, or the fact that upon such compliance his name is not entered or retained in any electoral list, or under any qualifying address in the same electoral list, specified by such person, shall not affect or prejudice his right to have his name entered or retained, subject to the provisions of subsection (1) and section 82, in any electoral list, or under any qualifying address in the same electoral list, as the case may be, in or under which he is qualified to have his name entered or retained.

(1) If any claimant or objector or person in regard to whom an objection has been made is dissatisfied with the decision of any elections officer on any claim or objection relating to the electoral list of any electoral area he may, not later than ten days from the date of such decision, appeal therefrom to the Court of Appeal on any question of law involved in such decision but not on any other grounds.

(2) Every appeal under this section shall be preferred by means of a petition bearing a stamp or stamps to the value of five rupees. The petition of appeal shall be filed with the elections officer, who shall forward it forthwith to the Registrar of the Court of Appeal together with the record of the proceedings to which the appeal relates.

(3) The appellant in his petition shall name a respondent to the appeal, and such respondent shall-

*(4) The appellant shall, within three days of the filing of the petition with the elections officer, serve a copy of the petition on the respondent either personally or by leaving the copy at the last known place of abode of the respondent and shall, within five days of the service of the copy, file with the Registrar of the Court of Appeal an affidavit stating the time, place, and circumstances of such service.

(1) In the case of each electoral area, the electoral list prepared or revised in any year and amended, where necessary, in accordance with the provisions of section 18 or section 19 or section 21, shall be certified by the elections officer of the district in which the area is situated.

(2) The elections officer may certify the electoral list under this section during the tendency of any appeal preferred under section 20 in respect of the list and shall thereafter, if the order made by the Court of Appeal on such appeal so directs, insert or erase any name in the list.

(3) Upon the certification as herein before provided of the electoral list, the list or copies thereof shall forthwith be open for inspection, free of charge, during office hours at the office of the local authority of the electoral area to which the list relates. A notice to the effect that that list is so open for inspection shall be published by the elections officer, and if any appeals are pending before the Court of Appeal in respect of the list, the notice aforesaid shall include a statement setting out particulars of every such appeal.

(4) Nothing in this Ordinance shall be deemed to prohibit an elections officer, before certifying any electoral list, from Correcting any clerical error which appears to him to have been made therein.

(1) For the purpose of every general election of the members of a local authority, for an electoral area, the Commissioner shall nominate a public officer, as returning officer and such number of public officers as are necessary, as assistant returning officers, for that electoral area, to exercise, perform or discharge, in respect of that electoral area, the powers, duties and functions, conferred or imposed on, or assigned to, a returning officer or an assistant returning officer; as the case may be, in respect of an election.

(2) Where any returning officer appointed under subsection (1), is by reason of sickness or other cause, unable to exercise, discharge, and perform, the powers, functions and duties vested in, assigned to, or imposed on, him by, or under, this Ordinance such returning officer may delegate such powers, duties and functions to another public officer. Every such delegation shall, as soon as possible, be reported to the Commissioner, who may confirm or disallow the delegation, without prejudice to the validity of anything already done by the public officer to wham such powers, duties and functions have been delegated.

(3) Any returning officer appointed under section 4 may exercise, perform or discharge in any electoral area in his district,. the powers, functions and duties vested in, assigned to, or imposed an, a returning officer by this section.

(1) Every political party which is treated as a recognized political party under the Parliamentary Elections Order-in-Council shall so long as that political party continues to remain as so treated under that Order shall be deemed to be a recognized political party for the purpose of local elections.

(2) Where a political party is deemed by virtue of the operation of the provisions of subsection (1) to be a recognized political party for the purpose of local elections, the approved symbol allotted to the candidates of such party under the Parliamentary Elections Order-in-Council shall be deemed to be the approved symbol allotted to that party until the date on which it ceases to be so entitled under subsection (1).

(3) The Commissioner shall once in every four years publish a notice calling for applications within such period as may be specified in the notice from the secretary of any political party other than a party which is already entitled to be treated as a recognized political party for the purpose of local elections to make on behalf of that party a written application to the Commissioner that such party be treated as a recognized political party for the purpose of local elections. The application shall also specify which one of the approved symbols such party desires to be allotted to such party if so treated.

(4) Upon the receipt of an application duly made under subsection (3) on behalf of any political party, the Commissioner shall-

(5) The order of the Commissioner on any application made under subsection (3) shall be final and conclusive and shall not be called in question in any court.

(1) Where the Commissioner has reasonable cause to believe that difficulties may arise at any election which is due to be held in any electoral area by reason of the fact that there are rival sections of a recognized political party for the purpose of local elections 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 of that electoral area that, in the case of such election, such recognized 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-

(3) A direction issued by a returning officer under subsection (1) shall be final and conclusive, and shall not be called in question in any court, whether by way of writ or otherwise.

(4) The preceding provisions of this section, and any direction issued thereunder, shall have effect notwithstanding anything to the contrary in any other provision of this Ordinance.

(1) Any person who is qualified, under this Ordinance, for election as a member of a local authority may be nominated as a candidate for election for the electoral area of such authority.

(1A) Notwithstanding any provisions to the contrary in this Act, in each nomination paper submitted in respect of an election for the electoral areas of a local authority, not less than forty per centum of the total number of candidates nominated in such nomination paper shall consist of youth.

(1B) The Commissioner shall by notice published in the Gazette, specify the number of youth candidates to be nominated in respect of each local authority. Where the total number of youth candidates to be nominated is such, that forty per centum of that number would be an integer and a fraction, the nearest integer to that integer and fraction shall be deemed to be the forty per centum- for purposes of this subsection.

(2) Any recognized political party or any group of persons contesting as independent candidates (hereinafter referred to as an ” independent group “) may for the purpose of election as members of any local authority submit one nomination paper substantially in the form set out in the First Schedule, setting out the names, of such number ‘of candidates as is equivalent to the number of members to be elected for that local authority increased by three of such number of members, whichever is less. The returning officer shall as soon as practicable make a copy of each nomination paper received by him and display such copies of nomination paper on his notice-board.

(4) The written consent of each candidate to be nominated by a recognized political party or an independent group shall be endorsed on the nomination paper and there shall be annexed to the 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.

(4A) A certified copy of the birth Certificate of every youth candidate whose name appears in the nomination paper or an affidavit signed by such youth candidate, certifying his date of birth shall be attached to such nomination paper.

(5) Each nomination paper shall be signed by the secretary of a recognized political party and in the case of an independent group, by the candidate whose name appears in the nomination paper ‘of that group and is designated therein as the group leader ‘of that group’ (such candidate is hereinafter referred to as ” the group leader”) and shall be attested by a Justice ‘of the Peace or by a Notary Public. ” Such nomination paper shall be delivered to the returning ‘Officer within the nomination period by the secretary or the authorized agent, in the case of a recognized political party, or the group leader in the case of an independent group.

(6) The returning officer of an electoral area shall on application made at any date after the publication of the notice under section 26 and before the expiry of the nomination period for that electoral area, supply free of charge a nomination paper in the prescribed form to any recognized political party or any independent group; but nothing in this Ordinance 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 set out in the First Schedule.

(8)

(1)

(2) No deposit made by a group leader or person authorized by him on behalf of a candidate of any group under this section shall be accepted by the returning officer unless it is made within the time prescribed by subsection (1).

(3) Where the 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-

(1) Every deposit made with a returning officer under section 29 shall forth with be credited by such officer to a deposit account and shall be disposed of according to the provisions of the subsections next following.

(2) Where the nomination paper of an independent group is rejected under the provisions of section 31, the deposit shall be returned to the person who made the deposit.

* (4) Where none of the candidates nominated by any independent group is elected, the deposit made in respect of the candidates of such group shall be declared forfeit and shall be transferred by the returning officer with whom it was made from the deposit account to the Consolidated Fund, and in every other case 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.

*(6) For the purposes of this section, the number of votes polled at any election shall be deemed to be the number of votes actually counted and shall not include any votes rejected as void.

(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-

(1A) Objections to a nomination paper may be made to a returning officer between twelve noon and one-thirty O’clock in the afternoon of the- last day of the period of nomination and no such objections shall be entertained by the returning officer after one-thirty O’clock in the afternoon of

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

(1) Where in the case of any electoral area the returning officer finds at the expiry of the nomination period-

The notice shall specify the period (hereinafter referred to as the ” second nomination period”) during which the nomination papers are to be received by the returning officer at his office and all the provisions of this Ordinance shall thereupon apply.

(2) If during the second nomination period appointed for an electoral area no nomination papers have been received or all the nomination papers received have been rejected, the returning officer shall forthwith report the fact through the elections officer to the Commissioner and upon receipt of such report, the Commissioner shall cause a notice to be published in the Gazette, and in any such other manner as may appear to him to be best calculated to give publicity thereto, to the effect that no candidate stands duly nominated for such electoral area during the second nomination period.

(3) From the date of the publication of a notice under subsection (2) in respect of an electoral area, no further steps shall be taken under this Ordinance, for the nomination of candidates for the election of Mayor and Deputy Mayor and members for that local authority until the next general election of the members of that local authority: Provided, however, that it shall be lawful for the Minister taking into consideration the provisions contained in subsection (1A) of section 28 to nominate such number of persons who are eligible under this Ordinance for election as Mayor and Deputy Mayor, and members of that local authority, and the persons so nominated shall be deemed, for all purposes, to be elected under the provisions of this Ordinance.

(1) Where electoral area-

(2) The returning officer shall report the result of the election through the elections officer of the district in which the electoral area is situated to the Commissioner and upon the receipt of the report, the Commissioner shall forthwith cause a notice of the result to be published in the Gazette and in such other manner as may appear to him to be best calculated to give publicity thereto.

(1) If at the expiry of the nomination period appointed for an electoral area and after the rejection of

In this Ordinance ” approved symbol” means a symbol approved by the Commissioner for the purposes of this Ordinance by notification published in the Gazette.

(2) The approved symbol of any recognized political party for the purpose of local elections shall not, whether or not such party is contesting any election, be allotted under paragraph (b) of subsection (1) of this section to any independent group.

(3) After the allocation of symbols under subsection (1), the returning officer shall forthwith-

(1) Upon the receipt of a report under section 37 in respect of an electoral area, the elections officer of the district in which the area is situated shall forthwith publish a notice in the Gazette specifying-

(2) Where due to any emergency it is necessary that the situation of any polling station should be different from that specified in a notice published under subsection (1), the elections officer may cause the situation of that station to be altered in such manner as he may in his absolute discretion-determine.

(3) Where the elections officer in consultation with the Commissioner is of the opinion, that due to any emergency or unforeseen circumstances the poll for the election in any electoral area cannot be taken on the date specified in the notice relating to the election published under subsection (1), the elections officer may appoint another date for the taking of such poll and such other date shall not be earlier than the twenty-first day after the publication of the notice under subsection (1).

(1) The returning officer for an electoral area in which an election is contested shall, if that electoral area is an area to which this subsection applies, send by post to each voter whose name appears in the electoral list of that area an official poll card specifying-

(2) An official poll card under subsection (1) shall be so sent to a voter as to reach him at least five days before the date of poll. Where a post office fails to deliver such an official poll card to the person to whom it is addressed, it shall be retained in such post office until the date of the poll and shall be delivered to the addressee if he calls for it.

(3) Every person who- (

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 six months or to both such fine and imprisonment.

(3A) Every person,-

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 six months or to both such fine and imprisonment.

(4) The Minister may, from time to time, by Order published in the Gazette, declare that with effect from such date as shall be specified in the Order, the provisions of subsection (1) shall apply to every electoral area or areas as shall be so specified.

(1) A person who is entitled under this section to be treated as a postal’ voter, for the purpose of an election to any local authority may vote by post, and shall not vote in person, at such election. Any person who votes in person at any election in contravention of the preceding provisions of this subsection 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 year or to both such fine and imprisonment.

(2) An application to be treated as a, postal voter at an election to a local authority may be made-

(3) An application to be treated as a postal voter shall be made to the returning officer so as to reach him within to days after the date of publication of the notice of nomination under section 26. Such application shall be substantially in the form prescribed for the purpose by the regulations contained in the Ninth Schedule.

(4) No application to be treated as a postal voter shall be allowed by a returning officer unless he is satisfied that the application is in accordance. with the preceding provisions of this section.

(5) The returning officer may, for the purpose of’ the disposal of applications to be treated as postal voters, by notice require any person to give such officer any such information as is necessary. for that purpose.

(6) The decision of a returning officer on an application to be treated as a postal voter shall be communicated in writing to the applicant.

(7) The decision of the returning officer to allow or disallow an application to be treated. as a postal voter shall be final.

(8) Where an application to be treated as a postal voter is allowed by a returning officer, the applicant shall be a person entitled to be treated as a postal voter for the purpose of m election.

(9) The returning officer shall, as soon as practicable, send by post to each person who is entitled to be treated as a postal voter, to the address furnished by such person,

(10) The form of the ballot paper and the form of the declaration of identity which are to be used by a person entitled to be treated as postal voters, and the procedure to be followed at the proceedings on their is issue, shall be according to the regulations contained in the Ninth Schedule.

(11) A ballot paper issued to a person entitled to be treated as a postal voter is in this ordinance referred to as “a postal ballot paper “.

(12) The returning officer of any electoral area where there is an election shall, as soon as practicable, prepare a list (in this Ordinance referred to as the” postal voters list”) specifying the name, address and number on the register of electors of every person entitled to be treated as a postal voter. Such list shall be prepared in such manner as may be prescribed in that behalf by the regulations contained in the Ninth Schedule;

(1) For the purposes of each election for any electoral area, the returning officer of that electoral area shall appoint one or more persons (hereinafter referred to as ” presiding officers “) to preside at each polling station in his electoral area. Where more than one presiding officer is appointed to any one polling station, the returning officer shall declare which one of them is to be the senior presiding officer, and the senior presiding officer shall exercise general supervision over every other presiding officer, and over all arrangements for the conduct of the poll in that election.

(2) Where any presiding officer is, by sickness or other cause, prevented from performing any of his duties under this Ordinance at any election, and there is no time for another person to be appointed by the returning officer, the presiding officer may appoint a deputy to act for him. Every such appointment shall, as soon as possible, be reported to the returning officer and may be confirmed or disallowed by the returning officer, but without prejudice to the validity of anything already done by such deputy.

(3) The returning officer may, if he thinks fit, preside at any polling station in his electoral area, and the provisions of this Ordinance relating to presiding officers shall apply to such returning officer with the necessary modifications as to the things to be done by the returning officer in regard to the presiding officer or by the presiding officer in regard to the returning officer.

(a) appoint such officers and servants as may be necessary for taking the poll and counting the votes; furnish each polling station in that electoral area with such number of compartments as may be necessary to accommodate a reasonable number of voters at any one time and to ensure that the voters are screened from observation when they mark their ballot papers;

(b)furnish each presiding officer with such number of ballot boxes and ballot papers as, in the opinion of the returning officer, may be necessary for the number of voters assigned to that polling station; provide each polling station with materials to enable voters to mark the ballot papers, with instruments for stamping thereon or perforating the official mark, and with copies of the electoral list, for the time being in force for that electoral area or that part of the list which contains the names of voters who are assigned to that polling station; do such other acts and things as may be necessary for effectually conducting the election in the manner provided by this Ordinance.

(1) During the taking of the poll, the presiding officer at every polling station shall cause to be exhibited-

(2) Every notice under this section shall be in Sinhala, Tamil and English.

(a) shall contain the names of the recognized political parties contesting the election in Sinhala, Tamil and English, arranged alphabetically in Sinhala in the order of the names of such parties and with the symbol allotted to each such party set out against the name of each such party, and immediately thereafter, if there are any independent groups contesting the election, the words, ” Independent Group ” repeated for each such group and the distinguishing number in the serial order and the symbol allotted to each such group set out against the distinguishing number of such group, and immediately below this, such number of numbers, placed in one or more rows in serial order, as is equal to the number of members to be elected to the local authority increased by three or by one-third of such number of members whichever is less, with provision to mark three preferences and such preferences shall be marked on one or more of the cages enclosing a serial number or on any one or more of the blank cages appearing on the right hand side of a cage enclosing a serial number,

(b) shall be capable of being folded up ;

(c) shall have a number printed on the back; and

(d) shall have attached a counterfoil with the same number printed on the face.

(1) The official mark shall be kept secret.

(2) The official mark used at any election under this Ordinance shall not be used at any other election for the same electoral area until an interval of seven years has elapsed.

(1) The secretary of each recognized political party or its authorized agent and the group leader of each independent group may appoint not more than two agents (hereinafter referred to as ” polling agents “) to represent such party or group at each polling station during the taking of the poll. Notice in writing of every such appointment stating the names and addresses of the persons appointed shall be given by the secretary of the recognized political party or its authorized agent and the group leader of each independent group to the presiding officer at that station before the opening of the poll or during the poll.

(2) If a polling agent appointed under subsection (1) dies or becomes incapable of acting, the secretary of the recognized political party or its authorized agent or the group leader of the independent group, as the case may be, may appoint another polling agent in his place and shall forthwith give to the presiding officer notice in writing of the name and address of the polling agent so appointed.

(3) No person who-

Provided, however, that any person holding office for the time being as a member of such authority may act as a polling agent of his recognized political party or independent group at any election at which he is a candidate.

(4) Any polling agent who has been duly appointed, and in respect of whom the notice required by this section has been given, may, during the hours of the poll, attend at the polling station to which he has been appointed.

(1) No person shall be admitted to vote at any polling station other than the polling station set apart for the group of voters to which he belongs.

*(3) The presiding officer shall keep order in his station, and shall regulate the number of voters to be admitted at a time, and shall exclude all other persons except the candidates, the polling agent or agents, the police officers on duty and other persons officially employed at the polling station.

(4) If any person misconducts himself in the polling station, or fails to obey the lawful orders of the presiding officer, the presiding officer may cause him to be removed forthwith from the polling station by any police officer or by any other person authorized in writing by the presiding officer or by the returning officer.

(5) Any person removed from a polling station under subsection (4)-

Provided that the powers conferred by this subsection shall not be exercised so as to prevent any voter who is otherwise entitled to vote at any polling station from having an opportunity of voting at such station.

(1) The presiding officer of any polling station may, and if requested so to do by a polling agent, shall, require any voter, at the time he applies for a ballot paper but not afterwards, to make and subscribe all or any of the following declarations (which shall be exempt from stamp duty), namely;-First.-” I, (name in full) of(address), hereby declare that I am the same person whose name appears as A. B. on the electoral list now in force for this electoral (Signature or mark of voter)…. day of Declared before me this 19 (Signature of Presiding Officer).

(1A) The presiding officer of a polling station or a person acting under his authority shall require any voter, before the ballot paper is delivered to the voter, to produce a valid identity document to ascertain his name and identity.

(2)

(3) Where a ballot paper is to be issued to any voter-

(1) No ballot paper shall be delivered election- to any voter at any local

and accordingly such voter shall, notwithstanding anything to the contrary in any other provision of this Ordinance, not be entitled to vote at such election.

(2) The presiding officer of the polling station shall enter on a list, substantially in the form set out in the Seventh Schedule, the following particulars relating to each voter to whom a ballot paper was not delivered at such station under subsection (1):-

(3) In this section,-

(4) Every person who-

(1) The presiding officer, or any person authorized by the presiding officer, may, if he thinks fit on the application of any voter, explain to the voter, within sight and polling agents, if present voting specified in the section 45, but in so doing abstain from any action construed by the voter direction to vote for recognized political party group.

(2) The presiding officer, on the application of any voter who is incapacitated by blindness or other physical cause from voting in accordance with the directions under section 45, shall, in the presence of another member of his polling staff, mark the ballot paper of such voter in the manner directed by the voter and shall cause such ballot paper to be placed in the ballot box.

(1) As soon as practicable after the closure of the poll, the presiding officer of each polling station shall, in the presence of the polling agents make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals-

(2) The packets shall be accompanied by a statement (hereinafter referred to as “the ballot paper account”) made by the presiding officer, showing the number of ballot papers entrusted to him, and accounting for them under the heads of-

(1) Subject to the General or special directions of the Commissioner, each returning officer of an electoral area shall appoint, and may revoke the appointment of a counting officer to be in charge of the counting of votes at each counting centre, and such number of assistants and clerks and other officers as may be necessary to assist such counting officer in the performance of his duties.

(2) The returning officer may, if he thinks fit, perform the duties of a counting officer and the provisions of this Ordinance relating to a counting officer shall apply to such returning officer.

(1) The returning officer shall make arrangements for counting the votes in the presence of the counting agents as soon as possible after the close of the poll, and shall give notice in writing of the time and counting centres at which the count of votes will be commenced, and the polling station or stations assigned to each such centre, to the secretary or the authorized agent of a recognized political party or the group leader of an independent group contesting that election.

(2) The returning officer shall, before he proceeds to declare the result of an election under section 65, give notice in writing to the secretary or the authorized agent of a recognized political party or the group leader of an independent group contesting that election of the time and place at which the result will be declared.

(1) Except with the consent of the counting officer, no person other than the counting officer, the persons appointed to assist him, and the counting agents may be present at the counting of the votes.

(2) Before the counting officer proceeds to count the votes, he shall, in the presence of the counting agents, open each ballot box and, taking out the ballot papers therein, shall count and record the number thereof, and then mix together the whole of the papers contained in the ballot boxes.

(3) The counting officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

(1) Any ballot paper- not bear the official

The counting officer shall endorse the word ” rejected ” on any such ballot paper.

(2) Where the counting officer is satisfied that any mark made on a ballot paper clearly indicates the intention of the voter to give his vote and the recognized political party or independent group for whom he gives his vote, the counting officer shall not reject the ballot paper under subsection (1) on the ground solely that it has not been marked in all respects in accordance with the directions given for the guidance of voters under the provisions of this Ordinance.

(3) Where the counting officer is satisfied that a ballot paper is not a forged or counterfeit ballot paper he shall not reject it solely on the ground that it is not stamped or perforated with the official mark. Before deciding not to reject a ballot paper under the preceding provisions of this subsection the counting officer shall show it to each counting agent if present and hear his views thereon.

(4) The counting officer shall not count any ballot paper which is rejected by him under subsection (1).

(5) The counting officer shall draw up a statement showing separately the number of ballot papers rejected, under each of the grounds specified in subsection (1), and shall on request allow any counting agent to copy the statement.

(6) The counting officer shall prepare a written statement, in words as well as in figures, of the number of votes given for each recognized political party and independent group, and a separate statement, in words as well as figures, of the number of preferences indicated for every candidate nominated by each such party or group, and each such statement shall be certified by the counting officer and witnessed by one of his assistants and clerks and the agents of any party or group as are present and desire to sign.

(6A) The preferences indicated by a voter in his ballot paper for the candidates nominated by a recognized political party or independent group shall be disregarded if such voter has indicated preferences for more than three candidates nominated by such party or group.

(6c) Any preference indicated by a voter in his ballot paper which is void for uncertainty as to the candidate for whom it is indicated shall be rejected.

(7) Before the counting officer makes a written statement referred to in subsection (6), such number of recounts may be made as the counting officer deems necessary; and a recount or recounts shall be made upon the application of a counting agent so however that the maximum number of recounts that shall be so made, on the application of any counting agent or all the counting agents, shall not exceed two.

(8) The decision of the counting officer as to any question arising in respect of any ballot paper shall be final and conclusive.

(1) Upon the completion of the counting the counting officer shall seal up in separate packets the counted and rejected ballot papers.

(2) The counting officer shall deliver the packets referred to in subsection (1) to the returning officer together with the unused and spoilt ballot papers placed together, the tendered ballot papers, the marked copies of the electoral list and the counterfoils of the ballot papers, the tendered votes lists, the list of voters to whom ballot papers are not delivered under section 53A, the ballot paper account, the written statement of the number of votes given to each recognized political party or independent, group, the number of preferences secured by each candidate nominated by each such party or groups and the record of the count under subsection (2) of section 62.

(1)

(2)

(3) For the purpose of this section the number of votes polled at any election shall be deemed to be the number of votes actually counted and shall not include any votes rejected or void.

(4) For the purposes of this section and section 65A, where two or more candidates nominated for election to a local authority, by a recognized political party or independent group or two or more members elected to a local authority from recognized political party or independent group, have secured an equal number of preferences at such election and an addition of a preference shall entitle one such candidate to be elected as a member of such local authority or entitle one such member to be declared elected as the Mayor or Deputy Mayor, as the case may be, of such local authority, the determination of the candidate or member to whom such additional preference shall be deemed to have been given shall be made by lot drawn in the presence of the returning officer in such manner as he shall determine.

(1) If the office of Mayor or Deputy Mayor falls vacant due to death, resignation or for any other cause, the returning officer of the district shall call upon the secretary of the recognized political party . or the group leader of the independent group to which the Mayor or Deputy Mayor vacating office belonged to decide within a period to be specified by the returning officer, which of the members of that local authority, who belong to such party or group shall be declared elected as Mayor or Deputy Mayor, as the case may be. If 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 elected as Mayor or Deputy Mayor, as the, case may be, the member specified in such decision. If on the other hand, such secretary or group leader fails to. communicate his decision to the returning officer’ within the specified period, the returning officer shall

(2) If the office of a member falls vacant due to death, resignation or for any other cause, the returning officer of the district shall call upon the secretary of the recognized political party or the group leader of the independent group to which the member vacating office belonged, to nominate within a period to be specified by the returning officer, a person eligible under this- Ordinance for election as a member of that local authority, to fill such vacancy. If such secretary or group leader nominates within the specified period an eligible person to fill such vacancy and such nomination is accompanied by 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 person nominated to fill such vacancy, the returning officer shall declare. such person elected as a member of that local authority. If on the other hand, such secretary or group. leader fails to make a nomination within the prescribed period, the returning officer shall declare elected as member from nomination’ paper submitted by that party or group the candidate who has secured the highest number of preferences at the election of members to that local authority next to the last of the members declared elected to that local authority from that party or group. Where all the candidates whose names were in such nomination paper have been elected or where none of the candidates whose names remain on such nomination paper, have secured any preferences, the returning officer shall forthwith inform the Minister through the Commissioner. The Minister may at any stage when he considers it expedient to do so, by Order published in the Gazette, direct the. Commissioner to hold an election to fill such vacancy. The person elected to fill such vacancy shall hold office only until the expiry of the term of office of the members elected at the last preceding general election.

(3) The provisions of this Ordinance relating to the holding of a general election of members of a local authority shall apply to, and in relation to, every election held under subsection (2) subject to the modifications set out in the Eighth Schedule.

(4) Where the office of Mayor and Deputy Mayor in any local authority are vacant when an election is held under subsection (2), the returning officer shall call upon the secretary of the recognized political party or the group leader of the independent group which has a majority of the members in such local authority after such election to decide who among such members shall be declared elected as Mayor and Deputy Mayor, and the provisions of subsection (2) shall. mutatis mutandis, apply thereafter to the filling of such vacancies.

(5) Where more than one recognized political party or independent group has a majority of the members in a local authority after an election held under subsection (2) to fill a vacancy in such local authority, the determination of the nomination paper of the recognized political party or independent group from which the Mayor and Deputy Mayor shall be declared elected under subsection (4) shall be made by lot drawn in the presence of the elections officer in such manner as may be determined by him.

(6) In subsections (4) and (5) “nomination paper” in relation to a recognized political party or independent group means the nomination paper submitted by such recognized political party or independent group at the general election of members of mat local authority or where the candidates whose names appear in such nomination paper have all been elected or where such recognized political party or independent group had not submitted a nomination paper at such general election, the nomination paper submitted by such recognized political party or independent group at the election held under subsection (2).

(1) Upon the declaration of the result of any election of the Mayor and Deputy Mayor and members of the local authority of an electoral area, the returning officer of that electoral area shall-

(2) The Commissioner shall forthwith upon the receipt of the report of the result cause the names of the two candidates elected as Mayor and Deputy Mayor, and the names of the candidates elected as members to be published in the Gazette.

(2) The returning officer shall forward to the elections officer of the ‘ district in which the electoral area is situated all the packets of ballot papers in his possession, together with the statements under subsection (6) of section 63, the ballot paper account, tendered votes list, packets of counterfoils and the marked copies of electoral lists sent by the counting officers endorsing on each packet a description of its contents and the date of the election to which they relate, and the name of the electoral area in which the election was held.

(3) The elections officer shall retain the packets of ballot papers and all documents forwarded to him for a period of six months reckoned from the date of the receipt thereof and shall thereafter cause the said packets and documents to be destroyed.

(4) No person shall be entitled or be permitted by the elections officer to inspect any packet of ballot papers or documents referred to in subsection (3) while it is in the custody of such officer: Provided, however, that nothing in the preceding provisions of this subsection shall be construed or deemed to debar any competent court from ordering the production of, or from inspecting, or from authorizing the inspection of, any such packet or document at any time within the period of six months specified in that subsection.

(1) A returning officer may use, free of charge, as a polling station any school or any portion of a school in receipt of a grant, or in respect of which a grant is made out of moneys provided by Parliament.

(2) A returning officer shall make good any damage done to, and defray any expenses incurred by the persons having control over, any such school or portion thereof as aforesaid by reason of its being used as a polling station.

(a) during the pendency of an election to a local authority, the candidate whose name appears first or second, as the case may be, in the nomination paper submitted by that independent group, shall be deemed to be the group leader of that independent group; .

(b) after an election to a local authority, the member elected to. that local authority from that independent group. who has secured the highest number of preferences at such election. shall be deemed to be the group leader of that group.

(1) Every returning officer, and every officer, polling agent or counting agent, authorized to attend at a polling station or at the counting of the votes at any election under this Ordinance, shall, before the opening of the poll at such election, or in the case of an agent appointed after the opening of the poll, before acting as such agent, make a declaration of secrecy substantially in the form set out in the Fourth Schedule- In the case of a returning officer the declaration shall be made in the presence of a Justice of the Peace, and in the case of any other officer or of an agent, the declaration shall be made either in the presence of a Justice of the Peace or of the returning officer or presiding officer.

(2) Every returning officer, and every officer, polling agent or counting agent in attendance at a polling station or at the counting of the votes at any election under this Ordinance shall maintain and aid in maintaining the secrecy of the voting.

(3) No person, being an officer or agent referred to in subsection (1), shall-

(4) No person, whether or not such person is an officer or agent referred to in subsection (1), shall-

(5) No person, except a presiding officer of a polling station acting for a purpose authorized by this Ordinance, or a person authorized by the presiding officer and acting for such purpose as aforesaid, shall communicate with any voter at any election under this Ordinance after such voter shall have received the ballot paper and before he shall have placed the same in a ballot box.

(1) Every person who-

or causes to be manufactured, constructed, imported into Sri Lanka, supplied or used for the purposes of such election, any appliance, device or mechanism by which a ballot paper may be extracted, affected or manipulated after having been deposited in a ballot box, 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 any term not exceeding six months or to both such fine and such imprisonment.

(2) Every person who aids or abets or attempts to commit an offence specified in this section shall be liable to the punishment provided for the offence.

(3) In any prosecution for an offence in relation to the nomination papers, ballot papers, ballot boxes, and marking instruments at any election under this Ordinance, the property in such papers, boxes and instruments may be stated to be in the returning officer at such election as well as the property in the counterfoils.

(1) No person shall, on any date on which a poll is taken at a polling station, do any of the following acts within a distance of a quarter of a mile of the entrance of that polling station :-

(2) No person shall, on any date on which a poll is taken at any polling station-

(2A) No person-

(3) Every person who contravenes any of the provisions of subsection (1), subsection (2) or subsection (2A) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment.

(4) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of subsection (2) and may seize any apparatus used for such contravention.

(5) Every person who attempts to commit an offence specified in this section shall be liable to the punishment prescribed for that offence.

(6) Every offence under this section shall be a cognizable offence within the meaning of the Code of Criminal Procedure Act.

(7) A prosecution for an offence under this section shall not be instituted without the sanction of the Attorney-General.

(1) During the period commencing on the first day of the nomination period of any election under this Ordinance and ending on the day following the day on which the poll is taken at such election, no person shall, for the purposes of promoting the election of any candidate of a recognized political party or independent group at such election, display-

(2) Every person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment.

(3) Every person who attempts to commit an offence specified in this section shall be liable to the punishment prescribed for that offence.

(4) Every offence under this section shall be a cognizable offence within the meaning of the Code of Criminal Procedure Act.

(5) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of subsection (1) and may seize and remove any handbill, placard, poster, notice, sign, flag or banner used in such contravention.

(1) Every person who at any election-

shall be guilty of the offence of personation which shall he a congnizable offence within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979.

(2) For the purposes of this section, a person who-

shall be deemed to have voted.

(1) Every person who directly, or indirectly by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel such person to vole or refrain from voting or on account of such person having voted or refrained from voting or on account of such person having voted or refrained from voting at an election under this Ordinance, or who by abduction duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any elector, or thereby compels induces or prevails upon any elector either to give or refrain from giving his vote at such election shall be guilty of the offence of undue influence

(2) Every person who, at any time during the period commencing from the first day of the nomination period at any election under this Ordinance and ending on the day following the date of the poll at such election-

shall be guilty of the offence of undue influence.

(3) Any member or official of a religious order or organization

in order to induce or compel such member or adherent to vote or refrain from voting for any recognized political party or independent group at an election under this Ordinance or to support or refrain from supporting any political party or independent group at such election, or on account of such member or adherent having voted or refrained from voting for any recognized political party or independent group at an election, or having supported or refrained from supporting any such recognized political party or independent group at such election, shall be guilty of the offence of undue influence.

(4) Any person who, being the employer of any other person

in order to induce or compel such other person to vole or refrain from voting for any recognized political party or independent group at an election under this Ordinance or to support or refrain from supporting any recognized political party or independent group at such election, or on account of such other person having voted or refrained from voting for any recognized political party or independent group at such election, or having supported or refrained from supporting any recognized political party or independent group at such election, shall be guilty of the- offence of undue influence.

(a) every person who directly or indirectly by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers promises, or promises to procure or to endeavor to procure, any money or valuable consideration to or lot any elector, or to or for any person on behalf of any elector or to or for any other person, in order to induce any elector to vote or refrain From voting or corruptly does any such act as aforesaid on account of such elector having voted or refrained from voting at an election under this ordinance

(b) every person who, directly or indirectly, by himself, or by any other person on his behalf, gives or procures, of agrees to give or procure or offers, promises, or promises to procure or to endeavor to procure any office, place of employment to or for any elector or to or for any person on behalf of any elector, or to or for any other person, in order to induce such elector to vole or refrain from voting or corruptly does any such act as aforesaid on account of any elector having voted or refrained from voting at any election under this Ordinance ;

(c) every person who, directly or indirectly by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement, or agreement as aforesaid to or for any person in order to induce such person to procure or endeavor to procure the return of any person as a member of a local authority or the vote of arty elector at an election under this Ordinance ;

(d) every person who upon or in consequence of any such gill, loan, offer, promise, procurement, or agreement procures or engages, promises or endeavors to procure, the return of any person as a member of a local authority, or the vote of any elector at an election under this Ordinance ;

(e) every person who advances or pays or causes to be paid any money to, or to the use of, any other person with the intent that ,such money or any part thereof shall be expended in bribery at an election under this Ordinance or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at such election ;

(f) every elector who, before or during an election under this Ordinance, directly or indirectly, by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at such election;

(g) every person who, after an election under this ordinance, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or to refrain from voting at such election .

(h) every poison who directly or indirectly by himself or by any other person on his behalf on account of and as payment lot voting or for having voted or for agreeing or having agreed to vote for any recognized political party or independent group at an election under this Ordinance or on account of and as payment for his having assisted or agreed to assist any recognised political party of independent group at an election applies to any candidate nominated by such recognized political party or independent group or to his agent or agents, for the gift or loan of any money or valuable consideration or for the promise of the gift or loan of any money or valuable Consideration any office, place or employment for the promise of any office, place or employment;

(i) every person who directly or indirectly, by himself or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate at an election under this Ordinance or to refrain from becoming a candidate or to withdraw if he has become a candidate gives or procures any office, place or employment or agrees to give or procure or offers or promises to procure or to endeavor to procure an office, place or employment to or for such other person, or gives or lends or agrees to give or lend, or offers or promises to procure or to endeavor to procure any money or valuable consideration to or for any person or to or for such other person, or to or for any person on behalf of such other person

(1) Every person who-

shall be guilty of a corrupt practice, and shall on conviction by a Magistrate be liable, in the case refined to in paragraph (a) of this subsection, to noxious imprisonment for a term not exceeding twelve months, and, in any other case, to a line not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

(2) Every person who is convicted of a corrupt practice shall, on conviction, become incapable for a period of seven years from the date of his conviction, of being registered as an elector or of voting at any election under this Ordinance or of being elected as a member of a local authority, and if at that date he has been elected as a member of a local authority his election shall be vacated from she date of such conviction.

(3) A prosecution for a corrupt practice shall not be instituted without the sanction of the Attorney-General.

(1) Where a corrupt practice is committed in connection with an election under this Ordinance by any candidate who was not elected as a member at the election or with his knowledge or consent or by any of his agents, such candidate shall on conviction by a Magistrate be liable, in the case of the offence of personation, to imprisonment for a term not exceeding twelve candidate months, and, in any other case, to a fine not an election, exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment :

Provided, however, that such candidate shall not be convicted of such corrupt practice under this section consisting of the offence of treating or undue influence committed by any of his agents if he proves to the Magistrate

(2) Every person who is convicted of a corrupt practice under this section shall, on conviction become incapable for a period of seven years from the date of his conviction of being registered as an elector or of voting at an election under this Ordinance, or of being elected as a member of a local authority and if at that dale he has been so elected, his election shall be vacated from the date of such conviction

(3) A prosecution for a corrupt practice under this section shall not be instituted against any candidate at an election under this Ordinance who was not elected as a member at such election except with the sanction of the Attorney General

(4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected as a member at an election under this Ordinance from being prosecuted for a corrupt practice in connection with such election under section 82E.

(1) No payment, or contract for payment shall, at an election under this Ordinance, be made-

(2) Subject to such exception as may be allowed in pursuance of this Ordinance, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after an election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contravention of this section, shall also be guilty of an illegal practice.

(3) Subject to any such express exceptions as are or may be made by or under this Ordinance, a person shall not let, lend, employ, a person shall not let, lend, employ, hire, borrow or use, or aid or abet any other person to let, lend, employ, hire. borrow or use, any vehicle vessel or animal, in any electoral area during the period commencing one hour before the time of the opening of the poll at an election in that area, and ending one hour after the lime of the closure of such poll –

Any person acting in contravention of this subsection shall be guilty of an illegal practice.

(4) Notwithstanding anything in the preceding provisions of this section –

(5) Where at any poll taken in any electoral area, any police officer, either of his own motion or after an investigation which he is hereby required to carry out on the complaint of any person, is satisfied that any vehicle, vessel or animal is being used in contravention of the provisions of subsection (1) or subsection (3), that officer shall stop and seize such vehicle, vessel or animal, and lake it to a police station and detain it until the conclusion of the poll.

(6) A Magistrate may, on the conviction of any person for the commission of an illegal practice within the meaning of this section, make order declaring that any vehicle, vessel or animal used in or in connection with the commission of such practice shall be forfeited to the Republic.

(1) Where there is published in any newspaper any false statement concerning, or relating to –

(2) In this section, the term “newspaper” includes any journal, magazine, pamphlet or other publication.

(1) No person shall, for the purpose of promoting an election under this Ordinance, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatsoever, except for the purpose or in the capacities following :

(2) Subject to such exception as may be allowed in pursuance of this Ordinance, if any person is engaged or employed in contravention of this section, either before, during, or after an election, the person engaging or employing him shall be guilty of an illegal practice.

(1) Every person who commits an illegal practice shall on conviction by a Magistrate be liable to a fine not exceeding three hundred rupees and shall on conviction become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Act or being elected as a member of a local authority, and if at that date he has been elected as a member of a local authority his election shall be vacated from the date of such conviction

(2) A prosecution for an illegal practice shall not be instituted without the sanction of the Attorney General

(1) Where an illegal practice is committed in connection with an election under this Ordinance by any candidate who was not elected as a member at the election or with his knowledge or consent or by any of his agents. Such candidate shall on conviction by a Magistrate be liable to a fine not exceeding three hundred rupees

Provided, however, that such candidate shall not be convicted of such illegal practice under this section committed by any of his agents if he proves to the satisfaction of the Magistrate-

(2) Every person who is convicted of an illegal practice under this section, shall, by conviction, become incapable for a period of three years from the dale of his conviction of being registered as an elector or of voting at an election under this Ordinance or of being elected as a member of a local authority, and if at that date he has been elected as a member of a local authority, his election shall be vacated from the date of such conviction.

(3) A prosecution for an illegal practice under this section shall not be instituted against any candidate at an election under this Ordinance who was not elected as a member at such election except with the sanction of the Attorney-General.

(4) Nothing in the preceding provisions of this .section shall be deemed or construed to preclude or prevent a candidate who was not elected as a member at an election under this Ordinance from being prosecuted for an illegal practice in connection with such election under section 82i.

(1) The election of a candidate as a by member of local authority is avoided by his conviction for any corrupt or illegal practice.

(2) Where the election of a person as a member of a local authority is declared void, he shall be disqualified from sitting or voting in such local authority.

(1) The election in respect of any electoral area shall be declared void on an election petition on the following grounds which may be proved to the satisfaction of the Election Judge, namely –

(2) The election of a candidate as a member of any local authority shall be declared void on an election petition on any of the following grounds which may be proved to the satisfaction of the Election Judge, namely –