1. This Ordinance may be cited as the Local Authorities Elections Ordinance.

2. The provisions of this Ordinance shall apply to every Municipal Council, Urban Council and Pradeshiya Sabha constituted or to be constituted under the provisions of any written law applicable in that behalf.

3. Every Municipality, town or Pradeshiya Sabha area shall be an electoral area for the purposes of this Ordinance.

4.

(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.

5.

[3,9 of 1963]

(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.

[ 3, 9 of 1963]

(2) Subject to the general supervision and control of the Commissioner- Subsection a Repealed By [ 3,24 of 1987] (a) Repealed (b) each assistant elections officer may exercise or perform the powers or duties conferred or imposed by this Ordinance upon an elections officer.

6. No person shall be qualified to vote at any election under this Ordinance of a member of a local authority unless his name is entered in any parliamentary register for the time being in operation.

7.

(1) Every person- (a) whose name is entered in any parliamentary register for the time being in operation for any electoral district; and (b) who was, on the first day of June in the year of the commencement of the preparation or revision of that parliamentary register, ordinarily resident in any electoral area which is situated wholly or partly within the electoral district, shall be entitled to have his name entered in the electoral list of that electoral area.

[ 2,15 of 1965]

(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.

[ 6,24 of 1977]

(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 ".

8. Every person who is not disqualified as provided by section 9 shall be qualified at any time for election as a member of any local authority if-

(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.

9.

(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- (a) is not a citizen of Sri Lanka, or if he is by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to any foreign Power or State ; or [4,9 of 1963] (b) is less than eighteen years of age; or [2,30 of 1970] *(d) is- (i) a judicial officer, or (ii) a member of the armed forces, or (iii) a police officer, or (iv) a peace officer exercising police functions under the Code of Criminal Procedure Act, or [ 2,48 of 1983] (v) a public officer in any Government Department holding" (a) any office created prior to November 18, 1970, the initial of the salary scale of which was, on November 18, 1970, not less than Rs. 6,720 per annum or such other amount per annum as would, under any subsequent revision of salary scales, correspond to such initial, or (b) any office created after November 18, 1970, the initial of the salary scale of which is on the dale of the creation of that office, not less than the initial of the salary scale applicable, on that date, to an office referred to in item (A) or such other amount per annum as would, under any subsequent revision of salary scales, correspond to the first-mentioned initial; or (vi) an officer in any public corporation holding" (a) any office created prior to November 18, 1970, the initial of the salary scale of which was, on November 18, 1970. not less than Rs. 7,200 per annum or such other amount per annum as would, under any subsequent revision of salary scales, correspond to such initial, or (b) any office created after November 18, 1970, the initial of the salary scale of which is, on the date of creation of that office, not less than the initial of the salary scale applicable on that date to an office referred to in item (A) or such other amount per annum as would, under any subsequent revision of salary scales, correspond to the first-mentioned initial; [4,9 of 1963] [ 4,24 of 1987] [ 2,25 of 1990] (dd) is a member of Parliament, a member of a Provincial Council established by the Constitution or a member of any other local authority ; [2,9 of 1972] (e) is an officer or servant of such authority in actual employment by and in receipt of a salary from such authority, or is a person whose employment by such authority was terminated within a period of one year before the date of the election of members to such authority ; or [2,48 of 1983] (f) directly or indirectly, himself or by any other person whatsoever in trust for him or for his use or benefit or on his account, holds or enjoys, in the whole or in part, any contract or agreement or commission made or entered into with or accepted from any person for or on account of such authority: Provided that nothing herein contained shall extend to a person who holds a post the initial of the salary scale of which is" (i) in the case of a post created prior to November 18, 1970, less than Rs. 6,720 per annum, on that date, or such other amount per annum as would, under any subsequent revision of salary scales, correspond to any such initial; or (ii) in the case of a post created after November 18, 1970. not less than the initial of any salary scale applicable, on the date of creation of that post, to a post referred to in paragraph (i) or such other amount per annum as would, under any subsequent revision of salary scales, correspond to the first-mentioned initial. if he seeks election to a local authority under which he is not employed at the time of the election in question, or under which he was not employed during a period of one year immediately preceding such election; or (g) is, under any law in force in Sri Lanka, found or declared to be of unsound mind; or (h) is an uncertificated or undischarged bankrupt or insolvent; or (i) is serving a sentence of imprisonment for an offence punishable with imprisonment for a term exceeding twelve months or is under sentence of death or is serving a sentence of imprisonment awarded in lieu of execution of a sentence of death ; or [ 2,9 of 1972] (j) is a member of the local Government Service constituted by the Local Government Service Act:* Provided that nothing herein contained shall extend to a person who holds a post the initial of the salary scale of which is less than Rs. 6,720 per annum, if he seeks election to a local authority under which he is not employed at the time of the election in question, or under which he was not employed during a period of one year immediately preceding such election; or (k) is disqualified from being elected, or from sitting or voting, as a member of any local authority by reason of the operation of subsection (2) of this section or section 83 of this Ordinance; or (l) is disqualified by section 5 of the Public Bodies (Prevention of Corruption) Ordinance, from being elected, or from sitting or voting, as a member of a public body as defined in that Ordinance, by reason of a conviction, or of a finding of a commission of inquiry, referred to in that section; or (m) is serving, or has during the period of five years immediately preceding completed the serving of, the whole or part of a sentence of imprisonment of either description for a term of three months or any longer term on conviction of any crime within the meaning of the Prevention of Crimes Ordinance.

(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- (a) is incapable under any provision in that behalf in the Ceylon (Parliamentary Elections) Order-in-Council, 1946, of being elected as a Member of Parliament, by reason of any conviction referred to in such provision, or by reason of the report of an Election Judge in accordance with that Order; or (b) is disqualified by sub-paragraph (g) of paragraph (1) of Article 91 of the Constitution of the Democratic Socialist Republic of Sri Lanka, 1978, for being elected as a Member of Parliament, or for sitting or voting in Parliament by reason of an adjustment referred to therein,

[ 4,20 of 1987] [ 4,24 of 1987]

(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- (a) "judicial officer" means a person holding judicial office within the meaning of the Constitution of the Democratic Socialist Republic of Sri Lanka, and shall not include- (i) a Justice of the Peace; (ii) a Justice of the Peace and Unofficial Magistrate; (iii) a Commissioner for Oaths; and (iv) an inquirer appointed under section 108 of the Code of Criminal Procedure Act; (b) " police officer " means a member of the police force established under the Police Ordinance; (c) " armed forces " means the Sri Lanka Army, the Sri Lanka Navy, and the Sri Lanka Air Force; and (d) " Government Corporation " means a Corporation the capital of which is wholly or partly subscribed by the Government.

10.

(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.

10A.

(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- (a) has vacated his office of member, if he had been elected as a member of that local authority ; or (b) has forfeited his rights to have his name retained in the nomination paper of that recognized political party for filling any casual vacancy, and thereupon, such person shall vacate his office as member of that local authority or the name of such person shall be expunged from the nomination paper of that recognized political party, as the case may be, as from the date on which such declaration is published in the Gazette.

(2) The elections officer shall not publish the notice referred to in subsection (t) except after- (a) notice to such person and such recognized political party; and (b) expiry of a period of twenty-one days from the date of such notice. Every such notice shall be sent by registered post.

(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.

11. Every person who knowingly acts in the office of a member of any local authority, after his seat or office becomes vacant under the provisions of section 10, 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 in respect of each day on which he so acts as a member.

12.

(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.

12A.

(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- (a) divide the electoral area of that local authority into polling districts in accordance with such directions as may be issued by the Commissioner; (b) assign to each such polling district a distinguishing letter or letters ; (c) determine with respect to each such polling district the village or other area within which the polling station or stations for that polling district will be situated ; and (d) publish in the Gazette a notice specifying- (i) the polling districts into which that electoral area has been divided; (ii) the distinguishing letter or letters assigned to each such polling district; and (iii) the village or other area within which the polling station or stations for each such polling district will be situated.

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

12B. For the purpose of a general election of members of any local authority for any electoral area, the elections officer shall prepare and certify an electoral list in Sinhala and Tamil and such list shall comprise the operative parliamentary register or registers or part of a register or parts of a register or any combination of them as correspond to the electoral area of such local authority.

12D. Upon the certification of the electoral list under section 12B 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 the list is so open for inspection shall be published by the elections officer. The electoral list of any electoral area prepared and certified under section 12B shall come into force on the date of such certification. (* Section 12 (of is repealed by Law No. 35 of 1978.)

12E. 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.

12F. Where the Minister is of opinion that the alteration of the limits of the electoral area of any local authority is such that it is necessary that a new electoral list should be prepared, he shall by Order published in the Gazette direct that the electoral list to be used for the election of members of that local authority to be held immediately after the publication of such Order shall be prepared in compliance with the succeeding provisions of this Ordinance,

16. An elections officer shall, on the completion of the preparation of the electoral list of any electoral area, publish a notice in Sinhala and Tamil stating that such preparation has been completed. The list or copies thereof shall be open for inspection, free of charge, during office hours at the office of the local authority of such area and the notice aforesaid shall contain a statement to the effect that the list is so open for inspection. (+ Sections 13, 14 and 15 are repealed by sections 15 and 17 of Law No. 24 of 1977.)

17.

(1) Upon the publication of a notice under section 16 in respect of the electoral list of any electoral area- (a) any person who claims to be entitled, under this Ordinance, to have his name entered in any such list and whose name is not so entered, may apply to have his name entered therein; (b) any person whose name is entered in any such list and who objects to the name of any other person appearing therein, may apply to have the name of such other person erased therefrom. 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).

18.

(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- (a) setting out each claim or objection so made; (b) indicating that at a time and date specified in such notice he will attend at the office of the local authority of the area or at such other place as he may specify in such notice for the purpose of hearing each such claim or objection; and (c) calling upon every claimant and every person who desires to oppose any claimant, every objector and every person in regard to whom an objection has been made, to appear before him at the date and at the time and place so indicated.

(2) (a) The elections officer shall attend on the date, and at the time and place, indicated in the notice and shall decide each claim or objection set out in the notice after such summary inquiry as he may deem necessary, either on that date or within the period of ten days next succeeding that date. (b) Before deciding any claim or objection under this section, the elections officer shall give the claimant and every person who desires to oppose the claim or the objector and the person in regard to whom the objection is made, as the case may be, an opportunity of being heard. (c) The elections officer shall keep a record in writing of all proceedings taken by him under this section for the purpose of deciding any claim or objection.

(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- (a) shall not, except with the permission of the elections officer, be allowed to enter that place again during the inquiry; and (b) may, if he is charged with the commission of any offence in that place, be kept in custody until he can be brought before a Magistrate.

19.

(1) No person shall be entitled to have his name entered or retained- (a) in the electoral list of more than one electoral area; or (b) more than once in the same electoral list under different qualifying addresses, notwithstanding that he may be qualified to have his name so entered or retained.

(2) (a) Where it appears that a person is qualified to have his name entered or retained- (i) in more than one electoral list; or (ii) more than once in the same electoral list under different qualifying addresses, an elections officer shall cause notice to be served upon that person requiring him to specify, within seven days of the date of service of such notice, the electoral list in which he desires to have his name entered or retained, or the qualifying address under which he desires to have his name entered or retained in the same electoral list, as the case may be. (b) Any notice referred to in paragraph (a) of this subsection may be served upon any person by sending it by ordinary letter post to such person or by delivering it to him or to an adult member of his household.

(3) Where, in compliance with a notice under paragraph (a) of subsection (2), a person specifies- (a) the electoral list in which he desires to have his name entered or retained, and the elections officer of the appropriate district is satisfied that such person is qualified to have his name entered or retained in that list, his name shall be entered or retained in that list and in no other electoral list; or (b) the qualifying address under which he desires to have his name entered or retained in the same electoral list. and the elections officer of the district in which the electoral area to which that list relates is situated is satisfied that such person is qualified to have his name entered or retained in that list under that address, his name shall be entered or retained under that address in that list and under no other address in that list.

(4) Where a person fails to comply with a notice under paragraph (a) of subsection (2),- (a) the appropriate elections officer shall, if the notice required such person to specify the electoral list in which such person desires to have his name entered or retained, determine which one of the electoral lists in which such person is qualified to have his name entered or retained shall be the electoral list in which such name shall be entered or retained, and such name shall be entered or retained in the electoral list determined by such officer and in no other electoral list; or (b) the appropriate elections officer shall, if the notice required such person to specify the qualifying address under which he desires to have his name entered or retained in the same electoral list, determine which one of the qualifying addresses in the same electoral list under which such person is qualified to have his name entered or retained shall be the address under which such name shall be entered or retained in that list, and such name shall be entered or retained under the qualifying address in that list determined by such officer and under no other qualifying address in that list.

(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.

20.

(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- (a) if the appellant is a claimant, be the elections officer; (b) if the appellant is an objector, be the person in regard to whom the objection is made; (c) if the appellant is a person in regard to whom an objection is made, be the objector.

*(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.

21. At the hearing of any appeal duly preferred in respect of any claim or objection under this Ordinance, the Court of Appeal shall, after giving the appellant and the respondent or their respective attorneys-at-law an opportunity of being heard, make such order as to the claim or objection, and as to the payment of the costs of the inquiry as it thinks just; and such order if it directs the insertion or erasure of any name in the electoral list shall forthwith be complied with by the elections officer by whom the list was prepared.

22.

(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.

23. The electoral list of any electoral area, prepared and certified under section 22, shall come into force on the date of such certification, subject to such alterations as may subsequently be made therein in accordance with section 22.

24. Every general election of the members of a local authority shall be held in under this Ordinance. the manner hereinafter provided by this Ordinance.

25. Every general election of the members of a local authority shall be held within a period of six months preceding the date on which the term of office of the members who are to be elected is due to commence.

26. Whenever a general election of the members of a local authority is due to be held in any year, the elections officer of the district in which the electoral area of such authority is situated shall publish a notice of his intention to hold such election. The notice shall specify the period (hereinafter referred to as the " nomination period") during which nomination papers shall be received by the returning officer during office hours at his office. Such nomination period shall commence on the fourteenth day after the date of publication of the notice and shall expire at twelve noon on the twenty-first day after the date of the publication of the notice. The notice shall also specify the date, time and place at which the approved symbols, and, where there is more than one independent group, a distinguishing number, will be allotted.

27.

(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.

27A.

(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- (a) if he is satisfied that such party has been engaged in political activity for a continuous period of at least five years prior to the making of such application make order- (i) that such party shall be entitled to be treated as a recognized political party for a period of four years from the date of the order for the purpose of local elections; and (ii) allotting an approved symbol to such party being the approved symbol specified in the application or any other approved symbol determined by him in his absolute discretion, but not being the approved symbol of any other political party which is entitled to be so treated ; (b) if he is not so satisfied make order disallowing the application.

(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.

27E.

(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- (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 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.

28.

(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.

[3,25 of 1990]

(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.

[8,24 of 1987]

(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.

Repealed by [8,24 of 1987]

[3,48 of 1983]

(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.

[3,25 of 1990]

(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.

Repealed by [8,24 of 1987]

(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.

Repealed by [8,24 of 1987]

(8) (a) Where it appears to the secretary of a recognized political party or 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 the authorized agent or group leader to correct such omission or error in his presence.

29.

(1) (a) A group leader or any person authorized by him shall, in respect of the candidates of such group, deposit in legal tender with the returning officer between the date of publication of the notice under section 26 and the submission of the nomination paper of that independent group (and in any case, not later than 12 p.m. on the day immediately preceding the end of the nomination period) a sum calculated as hereinafter provided in paragraph (b). (b) the deposit required by paragraph (a) shall, be a sum of two hundred and fifty rupees in respect of each candidate nominated by such independent group.

(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- (a) the name of the group leader by whom the deposit was made, or the authorized 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 date of the deposit.

30.

(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.

[ 38,24 of 1977]

(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.

[ 38,24 of 1977] [ 4,25 of 1990]

* (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.

31.

(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 (5) of section 28 , or (b) that does not contain the total number of candidates required to be nominated under subsection (2) of section 28 ; or [ 5,25 of 1990] (bb) that does not contain the total number of youth candidates as required to be nominated under subsection (1A) of section 23; or (bbb) where, as required by subsection (4) of section 28, a certified copy of the birth certificate of a youth candidate or an affidavit signed by such youth candidate, has not been attached to the nomination paper ; or (c) in respect of which the deposit required under section 29 has not been made; or [4,48 of 1983] (d) where the consent of one or more candidates nominated 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; (e) where the signature of the secretary in the case of a recognized political party or of the group leader in the case of an independent group does not appear on the nomination paper or where such signature has not been attested as required by subsection (5) of section 28.

[ 5,25 of 1990]

(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.

35

(1) Where in the case of any electoral area the returning officer finds at the expiry of the nomination period- (a) that no nomination paper has been duly received on behalf of any recognized political party, or any independent group; or (b) that all the nomination papers received by him have been rejected, the returning officer shall forthwith report to the elections officer of the district in which the area is situated the fact that no nomination papers have been received or that all the nomination papers received by him have been rejected and the elections officer shall, not later than seven days after the receipt of such report, publish a notice prescribing a 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.

[ 6,25 of 1990]

(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.

36.

(1) Where electoral area- (a) not more than one nomination paper has been submitted ; or [7,25 of 1990] [10,24 of 1987] (b) after the rejection of a nomination paper or papers, the candidates of only one recognized political party or one independent group stand nominated for election, the returning 'officer shall call upon the secretary of such recognized 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 such nomination paper shall be declared elected as Mayor, Deputy Mayor and other members of that local authority. 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, Deputy Mayor and other members of that local authority, he respective candidates 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 period specified by the returning officer then the returning officer shall forthwith prepare a single list containing the names of candidates as indicated by the candidates, but placed in alphabetical order of their names in Sinhala, of such recognized political party or independent group and then- [7,25 of 1990] (i) the candidates whose names appear as first and second in such single list shall be declared elected by the returning officer as Mayor and Deputy Mayor, respectively; and (ii) such other candidates, in the order in which their names appear in such single list, equivalent to the number of members to be elected to that local authority, shall be declared elected as members.

(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.

37.

(1) If at the expiry of the nomination period appointed for an electoral area and after the rejection of (a) to each recognized political party for the purpose of that election, the approved symbol of the party; and (b) in respect of each independent group any 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 draw of 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 allotted to that group. 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- (a) adjourn such election to enable a poll to be taken in accordance with the provisions hereinafter set out; (b) report to the elections officer of the district in which the electoral area is situated that the election is contested; and (c) send to such elections officer copies of the nomination papers of the recognized political parties and independent groups and a statement of the symbols allotted to each party or group and where there is more than one independent group the distinguishing numbers allotted to each group.

38.

(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- (a) the electoral area in which the election is contested; [ 8,25 of 1990] [ 11,24 of 1987] (b) a single list containing the names of the candidates as indicated by them, but placed in alphabetical order of their names in Sinhala, of each recognized political party or independent group, the serial number assigned to each such candidate, the approved symbol allotted to such party or group, and in the case of an independent group the words" independent group" and the distinguishing number if any ; [ 11,24 of 1987] (c) the day, other than a public holiday, on which the poll will be taken, such date being not less than five weeks nor more than seven weeks from the date of the publication of the notice; and (d) the situation of the polling station or polling stations for each of the polling districts in that electoral area and the particular polling stations, if any, reserved for female voters.

(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.

[ 2,1 of 2002]

(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).

39. Whenever the death occurs of a candidate for election for any electoral area between the adjournment of the election for the purposes of the poll and the commencement of the poll, the elections officer of that district in which the area is situated shall upon being satisfied of the fact of such death, expunge the name of that candidate from the nomination paper and shall publish a notice stating the fact of such death and that, notwithstanding such death, the nomination paper with the omission of the name of the deceased candidate is valid in respect of the other candidates in that nomination paper and that a poll shall be taken as specified in the notice published under section 38 (1).

39A.

(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- (a) the name of the local authority; (b) the name, address and number of the voter as stated in the electoral list, (c) the electoral district and the polling district; (d) the polling station allotted to the voter; and (e) the date and hours of the poll.

[9,9 of 1963]

(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.

[ 9,9 of 1963]

(3) Every person who- ( a) without authority supplies any official poll card to any other person, or (b) sells or offers to sell any official poll card to any other person or purchases or offers to purchase any official poll card from any other 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.

[10,15 of 1965]

(3A) Every person,- (a) other than a public servant acting in the course of his duty as such servant, who has in his possession the official poll card of any other person; or (b) who without due authority prints any official poll card or what purports to be or is capable of being used as an official poll card at any election under this Ordinance, 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.

[ 47,24 of 1977]

(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.

39B.

(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- (a) by a member of the Sri Lanka Army, Sri Lanka Navy, Sri Lanka Air Force, or an officer Or servant in the Department of Police, the Sri Lanka Government Railway, the Department of Posts and the Department of Telecommunications or the Sri Lanka Central Transport Board or any Regional Transport Board, on the ground that he is unable or likely to be unable to vote in person at the polling; station allotted to him by reason of the particular circumstances of his employment as such member officer or servant, and (b) by any other officer or servant in the public service or of the Central Bank of Sri Lanka, or the Local Government Service on the ground' of the particular circumstances of his employment on the date of the poll for a purpose connected with the election or his being likely to be employ. ed for that purpose, and (c) by a candidate at an election on the ground that he is unable to or likely to be unable to vote in person at the polling station allotted to him by reason of his candidature in some other electoral area.

(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, (a) a ballot paper; (b) a form of declaration of identity: (c) an envelope which shall be smaller than the envelope referred to in paragraph (d) of this subsection, and which shall be marked "ballot paper envelope" and also with the number printed on the postal ballot paper issued to such person, and in which the postal' ballot paper shall be enclosed when it is returned duly marked; and (d) an envelope for the return of the aforementioned documents.

(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;

40.

(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.

[48,24 of 1977]

(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.

41. The poll of every election for an electoral area shall be open at 7 a.m. on the date appointed for' the purpose by notice under section 38 and shall close at 4 p.m. on that day.

42. The votes at every election for any (b) electoral area shall be given by ballot. The ballot of each voter shall consist of a ballot paper in the form and containing the particulars hereinafter prescribed.

43. The electoral list for the time being in force for any electoral area shall be conclusive evidence for the purpose of determining whether or not a person is entitled to vote at any election for that electoral area and the right of voting of any person whose name is contained in such list shall not be prejudiced by any appeal pending before the Court of Appeal or the Supreme Court in respect of the inclusion of such person's name in the list, and any vote given by any such person during the pendency of any such appeal shall be as valid 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 the report of an Election Judge or by reason of his conviction of an offence under section 52 or section 53 of the Ceylon (Parliamentary Elections) Order-in-Council, 1946, or by reason of the operation of section 4A of that Order, is incapable of voting at any election under that Order, votes at any election under this Ordinance, he 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 period not exceeding six months; and

Provided, further, that nothing in this section shall affect the liability of any person to any penalty for a (b) contravention of any of the provisions of section 82 relating to plural voting.

44. For the purposes of each election for any electoral area, the returning officer of that area shall-

(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.

45.

(1) During the taking of the poll, the presiding officer at every polling station shall cause to be exhibited- (a) outside the polling station and in every compartment thereof, a notice substantially in the form as set out in the Second Schedule, giving directions for the guidance of voters; and [ 15,24 of 1987] (b) outside the polling station a notice specifying the name of each recognized political party or in case of an independent group the words "Independent Group" for each such group and the distinguishing serial number allotted to it together with the names of the candidates (as indicated by the candidates), in alphabetical order in Sinhala of each recognized political party or independent group for election as members of the local authority, the serial number assigned to each such candidate and the approved symbol allotted to each such party or group.

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

46. Every ballot box shall be so constructed that the ballot papers can be put therein, but cannot be withdrawn therefrom, without the box being unlocked.

47. Every ballot paper shall be substantially in the form as set out in the Third Schedule, and-

(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.

48.

(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.

49.

[ 55,24 of 1977]

(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.

[ 55,24 of 1977]

(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.

[ 55,24 of 1977]

(3) No person who- (i) holds office for the time being as a member of any local authority; or (ii) is an officer or servant of such authority, shall be eligible to be appointed or to act as the polling agent of any recognized political party or independent group at any polling station in the electoral area of such authority : 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.

50.

(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.

[ 56,24 of 1977]

*(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)- (a) shall not, except with the permission of the presiding officer, be allowed to enter the polling station again during the hours of the poll; and (b) may, if he is charged with the commission of any offence in that station, be kept in custody until he can be brought before a Magistrate:

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.

51. Immediately before the commencement of the poll, the presiding officer shall show the ballot box empty to such persons as may be present at the polling station so that they may see that it is empty, and shall then lock it up and place his seal upon it in such manner as to prevent it being opened except by breaking the seal, shall place it in his view for the receipt of ballot papers, and shall keep it so locked and sealed.

52.

(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). Second.-"I.................., (name in full) of (address), hereby declare that I have not voted either here or elsewhere at this election for the election of a member for this electoral area." (Signature or mark of voter).Declared before me this.... day of 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) [ 15,14 of 2004] (a) If any person refuses to make any such declaration or produce a valid identity document or produce a valid identity document, the presiding officer may refuse to give him a ballot paper. (b) If any person wilfully makes a false statement in any such declaration, he shall be guilty of an offence and shall be liable upon conviction after summary trial by a Magistrate to a fine not exceeding five hundred rupees or to imprisonment of either description for any term not exceeding six months.

(3) Where a ballot paper is to be issued to any voter- (a) the ballot paper shall be either stamped, embossed or perforated with the official mark ; (b) the number, name, and description of the voter as stated in the copy of the electoral list shall be called out; (c) the number of the voter shall be marked on the counterfoil, and the ballot paper detached therefrom; and (d) a mark shall be placed in the list against the number of the voter to denote that he has received a ballot paper, but without showing the particular ballot paper he has received.

53. The voter, on receiving the ballot paper, shall forthwith proceed into the compartment to which he is directed by the presiding officer or any person acting under that officer's authority and there secretly mark the ballot paper as near as may be in accordance with the directions given for the guidance of voters under this Ordinance and fold up the ballot paper so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the official mark, and put the ballot paper, so folded up, into the ballot box in the presence of the presiding officer.

53A.

(1) No ballot paper shall be delivered election- to any voter at any local (a) if he refuses to allow presiding officer or a person acting under his authority to make the appropriate inspection of the mark or valid identity document ; or [ 16,14 of 2004] (b) if, having allowed such inspection, it discloses that either such voter has already been marked with the appropriate mark or facts giving rise to suspicion over the identity of the voter ; or (c) if, having allowed such inspection, it discloses that such voter has not already been marked with the appropriate mark, but such voter refuses to allow such officer or person to mark such voter with the appropriate mark, 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.

[ 58,24 of 1977]

(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):- (a) the number of such voter in the electoral list of the electoral area in which the election is held ; (b) the name and address of such voter as it appears in such list; and (c) the ground on which a ballot paper was not delivered to such voter. Such list is in this Ordinance called the " list of voters to whom ballot papers are not delivered under section 53A ".

[11,15 of 1965]

(3) In this section,- (a) the expression " appropriate mark " means a mark made with indelible ink; (b) the term " appropriate ", with reference to any context connected with or relating to the inspection or marking of a voter, means- (i) the little finger of his left hand or, if such finger is missing, any other finger of his left hand ; or (ii) if all the fingers of his left hand are missing, the little finger of his right hand or, if such finger is missing, any other finger of his right hand ; or (iii) if all the fingers of his left and right hands are missing, such extremity of his left or right hand as such voter possesses.

(4) Every person who- [ 11. 15 of 1965] (a) without due authority places an appropriate mark on any voter at any election under this Ordinance or what purports to be or is capable of being mistaken for that mark ; or (b) fraudulently defaces any appropriate mark placed on any voter at such election without due authority,

54.

(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.

[ 12 ,15 of 1965]

(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.

55. No voter shall be entitled to vote by proxy at any election for any electoral area

56. If a person, representing himself to be a particular voter named on the electoral list, applies for a ballot paper after another person has voted as such voter, the applicant shall, on making and subscribing the first declaration set out in section 52 (1), be entitled to receive and to mark a ballot paper in the same manner as any other voter, but the ballot paper (hereinafter referred to as " a tendered ballot paper ") shall be of a colour differing from the other ballot papers, and instead of being put into the ballot box shall be given to the presiding officer and endorsed by him with the name of the voter and his number in the electoral list. The name of the voter and his number on the list shall be entered in a list to be known as " the tendered votes list ". The tendered ballot papers shall be set aside in a separate packet and shall not be counted by the counting officer.

57. A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (hereafter referred to as " a spoilt ballot paper "), and the spoilt ballot paper shall be immediately cancelled.

58. No ballot paper shall be delivered to a voter after the hour fixed for the closing of the poll. But if at the hour aforesaid there is in any polling station any voter to whom a ballot paper has been delivered, such voter shall be allowed to record his vote.

59.

(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- (a) each ballot box used at that station together with the key of the box, each such box remaining locked as it was at the time of the opening of the poll and being sealed after the closure of the poll so as to prevent the introduction of any ballot papers thereafter; (b) the unused and spoilt ballot papers, placed together; (c) the tendered ballot papers ; (d) the marked copies of the electoral list and the counterfoils of the ballot papers; (e) the tendered votes list; and (f) the list of voters to whom ballot papers are not delivered under section 53A, and shall deliver the packets to the counting officer.

(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- (a) ballot papers in the ballot box; (b) unused and spoilt ballot papers ; and (c) tendered ballot papers.

59A.

(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.

60. Each recognized political party or independent group which has nominated of candidates at any election for any electoral area may appoint not more than two agents (hereinafter referred to as the "counting agents ") to attend at the counting of the votes at each place before the votes are counted at such election and not more than two agents to attend at the proceedings under section 65. Notice in writing of such appointments, stating the names and addresses of the persons appointed, shall be given by the secretary of such recognized party or its authorized agent, or the group leader to the counting officer or returning officer, as the case may be, before the counting or declaration of the result commences. The counting officer or returning officer, as the case may be, may refuse to admit to the place where the votes are counted or the place where the proceedings under section 65 takes place any counting agent or other agent whose name and address has not been so given.

61.

(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.

61A. The postal ballot papers in respect of any electoral area shall be counted in accordance with the regulations set out in the Ninth Schedule at a separate counting centre or such number of counting centres as may be determined by the returning officer.

62.

(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.

63.

(1) Any ballot paper- not bear the official (a) which does mark or (b) on which votes are given for- (i) more than one recognized political party; or (ii) more than one independent group; or (iii) a combination of one or more recognized political parties and independent groups; or (c) on which anything is written or marked by which the voter can be identified except the printed number on the back ; or [ 21,24 of 1987] (d) which is unmarked or void for uncertainty, as to the recognized political party or independent group for which the vote is given, 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.

[ 21,24 of 1987]

(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.

6B Repealed by [ 10,25 of 1990]

(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.

63A. Any power, duty or function of a counting officer under section 62 or section 63 may be exercised, performed or discharged for and on his behalf by any of his assistants or clerks acting under the supervision and direction of such officer.

64.

(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.

65.

(1) (a) After the receipt of the documents referred to in section 64, the returning officer shall determine in the manner hereinafter provided in this section the candidates to be declared elected as Mayor, Deputy Mayor and members (b) The returning officer shall from the statements of the number of votes and preferences given determine the number of votes given for each recognized political party or independent group an the number of preferences indicated for each candidate nominated by each such party or group; (c) The returning officer shall alter the declarations referred to in paragraphs (d) and (e) of subsection (2), call upon the secretary of the recognized political party or the group leader of the independent group to which highest number of votes has been given, to decide, within a period to be specified 'by the returning officer, which of the members' declared elected under paragraphs (d) and (e) of sub-section (2) from that party or group shall be declared elected as Mayor and Deputy Mayor, respectively. 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 am Mayor-and Deputy Mayor, the respective 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 period specified by the returning officer, the returning officer' shall declare elected as Mayor and Deputy Mayor, the members declared elected from such party or group, who have secured; respectively, the highest and the next highest number of preferences (d) When an equality of votes is found to exist between two or more recognized political parties or two or more independent groups or two or more such parties or groups and the addition of a vote shall entitle the candidates of one such recognized political party or independent group to be elected, the determination of the recognized political party or independent group to which such additional vote 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.

(2) [11,25 of 1990] (a) The total number of valid votes polled by all political parties and independent groups are hereinafter referred to as "relevant number of votes". Subsection b Repealed by [11,25 of 1990] [ 23,24 of 1987] (c) The relevant number of votes shall be divided by the number of members to he elected at that election' for that local authority reduced by two. The whole number resulting from such division (any balance votes not being taken into account) is hereinafter referred to as the " resulting number ". [ 23,24 of 1987] [11,25 of 1990] (d) The number of votes polled by each recognized political party and independent group beginning with the party or group which received the highest number of votes, shall he divided by the resulting number and the returning officer shall declare elected from each such party or group, in accordance with the number of preferences secured by each of the candidates nominated by such party or group (the candidate securing the highest number, of preferences being declared elected' first, the candidate securing elected next highest, number of preferences being declared next and so on), such number of members as is equivalent to the whole number resulting from the division by the number of the votes polled by such party or group. The remainder of the votes, if any, after such division, shall be dealt with, if necessary, under paragraph (e). The party or group which received the highest number of votes shall, in addition to the number of candidates it is entitled to have ,declared elected as members after such division, be entitled to have two additional candidates declared ,elected as members; (e) Where after the declaration of the ,election of members as provided in paragraph (d) there are one Or more ,members still to be declared elected, such member or number' of members shall be declared elected on the remainder of the votes referred to in paragraph (d) to the credit of such party or group after the declaration made under that paragraph and the votes polled by any party or group not having any of its candidates elected under paragraph (d), the candidate nominated by the party or group having the highest of such votes, who has ,secured the highest or next highest number of preferences being declared a member and so on until all the members to be elected are declared elected; (f) Where an equality of votes is found to exist in the balance number of votes to the credit of one or more parties and groups referred to in this subsection and the addition of a vote would entitle any candidate of such party or group to be declared elected under this subsection the determination of the party or group to which such one additional vote 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. [ 23,24 of 1987] (g) Where a -recognized political Party or independent group is entitled, under the preceding provisions of this section, to have one of the candidates nominated by it declared elected as a member but none of the candidates nominated by it or none of the candidates remaining on the nomination paper submitted by it, have secured any preferences the returning officer shall call upon the secretary of such political party or the group leader of such group to decide within a Period to be specified by the returning officer, which of the candidates nominated by such party or group or which of the candidates remaining on the nomination paper submitted by it shall be declared elected as member. 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 member, the candidate 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 period specified by the returning officer, the returning officer shall declare elected as member, the candidate whose name appear next in the single list prepared under paragraph (b) of subsection (1) of section 38.

(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.

[ 23,24 of 1987]

(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.

65A.

(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 (a) where the vacancy is in the office of' Mayor, declare elected as Mayor, the member of the local authority belonging to such party or group who has secured the highest number or preferences; or (b) where the vacancy is in the office of Deputy Mayor, the member of the local authority belonging to such party or group (apart from the Mayor) who has secured the highest number of preferences at the election of members for that local authority.

(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).

66.

(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- (a) publish a notice specifying- (i) the names of the two candidates elected as Mayor and Deputy Mayor; and (ii) the names of the candidates elected as members; and (b) report the result through the elections officer of the district in which the area is situated to the Commissioner.

(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.

67.

(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.

68. The returning officer may appoint any presiding officer of a polling station for any electoral area to count the votes polled at that polling station and a presiding officer so appointed to count the votes is referred to in this Ordinance as a " counting officer "

69. No election shall be invalid by reason of any failure to comply with the provisions of this Ordinance relating to elections if it appears that the election was conducted in accordance with the principles laid down in such provisions, and that such failure did not affect the result of the election.

69A. The death or withdrawal or disqualification under this Ordinance for election or for sitting and voting as a member, whether before or after the general election of the members of a local authority, of any person or persons nominated by a recognized political party or independent group for election at that general election shall not invalidate or in any way affect the nomination paper of that party or group, and accordingly the candidature or election of any other person nominated by the party or group on that nomination paper shall not be invalidated by reason only of the fact of the death, withdrawal or disqualification of such person or persons.

70.

(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.

72. The presiding officer of a polling station may do, by the officers appointed to assist him, any act which he is required or appointed to authorized by this Part of this Ordinance to assist him. do at that polling station except ordering the arrest, exclusion, or removal of any person from the station. (* Section 71 is repealed by section 15 of Act No. 9 of 1963.)

73. The secretary of a recognized political party which has nominated candidates for election at any election under this Ordinance or its authorized agent, or a group leader may himself do any act or thing which a polling agent or counting agent or other agent of such political party or independent group, if appointed, would have been required or authorized to do, or may assist such agent in doing any such act or thing, but before acting under this section the secretary of the recognized political party or its authorized agent or a group leader shall make a declaration hereinafter required to be made by such agent-

74. Where under this Part of this Ordinance any act or thing which is required or authorized to be done in the presence of the agent or agents of the recognized political parties or independent groups at any election under this Ordinance the non-attendance of any agent or agents of such party or group at the time and place appointed for the purpose shall not, if that act or thing is otherwise duly done, invalidate the act or thing done.

75. No person who has voted at any election under this Ordinance shall, in any legal proceeding to question the election, be required to state the recognized political party or independent group for which he has voted or the candidate or candidates for whom he has indicated a preference or preferences

75A. Where any person designated as the group leader of an independent group dies-

(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.

76.

(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- (a) except for some purpose authorized by law, communicate, before the poll at any election under this Ordinance is closed, to any person any information as to- (i) the name or number on the electoral list of any voter who has or has not applied for a ballot paper or voted at a polling station; or (ii) the official mark; or (b) ascertain or attempt to ascertain at the counting of the votes at such election, the number on the back of any ballot paper; or (c) communicate any information obtained at such counting, as to the candidate for whom any vote is given on any particular ballot paper.

(4) No person, whether or not such person is an officer or agent referred to in subsection (1), shall- (a) interfere with or attempt to interfere with a voter when recording his vote at any election under this Ordinance, or [ 77,24 of 1977] (b) otherwise obtain or attempt to obtain in a polling station information as to the recognized political party or independent group for whom a voter in that station is about to vote or has voted at such election; or [ 77,24 of 1977] (c) communicate at any time to any person any information obtained in a polling station as to the recognized political party or independent group for which a voter in that station is about to vote or has voted at such election, or as to the number on the back of the ballot paper given to a voter at that station; or [ 77,24 of 1977] (d) directly or indirectly induce a voter at such election to display his ballot paper after he has marked it so as to make known to any person the recognized political party or independent group for or against which he has so marked his vote.

(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.

77. Every person who contravenes any of the provisions of section 76 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.

78.

(1) Every person who- (a) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to a returning officer any nomination paper knowing the same to be forged; or [13,25 of 1990] (aa) Any person who signs an affidavit, for the purposes of subsection (4A) of section 28, knowing any statement contained therein to be false ; or (b) forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper; or (c) without due authority supplies any ballot paper to any person; or (d) sells or offers to sell any ballot paper to any person or purchases or offers to purchase any ballot paper from any person; or (e) not being a person entitled under this Ordinance to be in possession of any ballot paper which has been marked with the official mark in accordance with the provisions of section 52, has any such ballot paper in his possession; or [ 27,24 of 1987] (ee) wilfully displays a marked ballot paper inside a polling station; or (f) puts into any ballot box anything other than the ballot paper which he is authorized to put into that ballot box under this Ordinance; or (g) without due authority takes out of a polling station any ballot paper; or (h) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers in use or intended to be used for the purposes of any election under this Ordinance ; or (i) without due authority prints any ballot paper or what purports to be or is capable of being used as a ballot paper at such election ; or (j) manufactures, constructs, imports into Sri Lanka, has in his possession, supplies or uses for the purposes of such election, [ 27,24 of 1987] (k) wilfully makes a false statement in any application to be treated as a postal voter under this Ordinance, or in any declaration of identity sent to him under the regulations. set out. in the Ninth Schedule; or (l) without due authority, destroys, takes, opens or otherwise tampers or interferes with, any application to be treated as a postal voter, or any declaration of identity, or any covering envelope or ballot paper. envelope within the meaning of the regulations set out in the Ninth Schedule.

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.

81A.

(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 :- (a) canvassing for votes; (b) soliciting the vote of any voter; [ 80,24 of 1977] (c) persuading any voter not to vote for any particular recognized political party or independent group ; (d) persuading any voter not to vote at the election; [ 80,24 of 1977] (e) distributing or exhibiting any handbill, placard, poster or notice relating to the election (other than any official handbill, placard, poster or notice) or any symbol allotted under section 37 to any recognized political party or independent group.

(2) No person shall, on any date on which a poll is taken at any polling station- (a) use or operate, within or at the entrance of a polling station or in any public or private place in the neighbourhood thereof, any megaphone or loudspeaker or other apparatus for magnifying or reproducing the human voice ; or (b) shout or otherwise act in a disorderly manner within or at the entrance of a polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll or so as to interfere with the work of the officers and other persons on duty at the polling station.

[ 18, 15 of 1965]

(2A) No person- [ 80,24 of 1977] (a) who is a candidate nominated by any recognized political party or independent group at any election in any electoral area shall, on the day on which the poll is taken at such election, use in that area any building or structure (whether temporary or otherwise), other than the ordinary place of residence of such candidate for any purpose calculated to promote the election of the candidates of that recognized political party or independent group; or [ 80,24 of 1977] (b) shall, at any time during the period commencing on the first day of the nomination period at any election in any electoral area and ending on the day immediately following the date on which the poll is taken at such election, conduct, hold or take part in any procession other than a procession on May 1, in any year, or any procession for religious or social purposes; or (c) shall, at any procession held or conducted during the period referred to in paragraph (b) of this subsection, do any act or thing calculated to promote the election referred to in the said paragraph (b).

[17,9 of 1963] [ [ 18,15 of 1965]

(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.

81B.

(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- (a) in any premises, whether public or private, any flag or banner except in or on any vehicle that is used for the conveyance of a candidate nominated by a recognized political party or independent group at such election; or (b) any handbill, placard, poster, notice or sign on any place to which the public have a right of, or are granted, access except in or on any premises on any day on which a meeting in support of a candidate nominated by a recognized political party or independent group at such election is due to be held in that premises; or (c) any handbill, placard, poster, notice or sign, flag or banner, on or across any public road ; or (d) any handbill, placard, poster, notice or sign in or on any vehicle, except in or on any vehicle that is used for the conveyance of a candidate nominated by a recognized political party or independent group at such election.

(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.

[17,9 of 1963]

(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.

82. if any persons votes more than once p at any general election under this Ordinance whether in the same electoral area or different electoral areas or asks for a ballot paper for the purpose of so voting, such person shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to rigorous imprisonment for a term not exceeding one year.

82A.

(1) Every person who at any election- (a) votes in person or by post as some other person, whether that other person is living or dead or is a fictitious person ; or (b) votes more than once in or under his own name at such 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- (a) has applied for a ballot paper for the purpose of voting in person ; or (b) has made an application to be treated as a postal voter; or (c) has marked, whether or not validly and returned a ballot paper issued for the purpose of voting by post,

shall be deemed to have voted.

82B. Every person who, corruptly, by himself or by any other person, either before, during or after an election, under this Ordinance, directly or indirectly gives or provides or causes to be given or provided, or is necessary to the giving or providing, or pays or engages to pay wholly or in part the expense or giving or providing any meat, drink, refreshment or provision or any money or ticket or other means or device to enable the procuring of any meat, drink, refreshment or provision to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vole at such election or on account of any such person any other person having voted or refrained from voting or being about to vote or refrain from voting at such election, and every elector who corruptly accepts or takes any such meat, drink, refreshment or provision or any such money or ticket or who adopts such other means or device to enable the procuring of such meat, drink, refreshment or provision, shall be guilty of the offence of treating.

82C.

(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- (a) utters at any religious assembly any words for the purpose of influencing the result off such election or inducing any elector to vote or refrain from voting for any recognized political party or independent group at such election ; or (b) for such purpose distributes or displays at Any religious assembly, any handbill, placard, poster, drawing, notice, photograph of a candidate, symbol, sign, flag or banner; or (c) holds or causes to be held any public meeting at a place of worship for the purpose of promoting the election, or the election campaign of any recognized political party or independent group at such election,

shall be guilty of the offence of undue influence.

(3) Any member or official of a religious order or organization (a) who denies, or threatens to deny, to any member or adherent of that order or organization, or to any member of the family or such member or adherent, any spiritual ministration, service or benefit, to which such member or adherent would in the ordinary course have been entitled ; or (b) excludes, or threatens to exclude, such member or adherent from such 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 (a) terminates or threatens to terminate such employment; or (b) denies or threatens to deny to such other person any benefit or service which such other person has already enjoyed, or would have enjoyed, in the ordinary course of such employment,

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.

82D. The Following persons shall he deemed to he guilty of the offence of bribery:-

(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

82E

(1) Every person who- (a)commits the offence of personation or practice aids, abets, counsels or procures the commission of the offence of personation , or (b) Commits the offence of treating, undue influence or bribery, or (c) makes or publishes, before or during an election under this Ordinance, for the Purpose of affecting the result of that election any lake statement of fact in relation to the personal character or conduct of any candidate or (d) makes or publishes, before or during an election under this ordinance, for the purpose of affecting the result of that election, any false statement of the withdrawal of any candidate at such election,

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.

82F

(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 (a) that no corrupt or illegal practice was committed at the election by such candidate and any such offence was committed contrary, to the orders and without the sanction or connivance of such candidate , and (b) that such candidate took all reasonable means for preventing the commission of corrupt and illegal practice at the election , and (c) that any such offence was of a prevail unimportant and limited character , and (d) that in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and his agents

(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.

82G.

(1) No payment, or contract for payment shall, at an election under this Ordinance, be made- (a) on account of the conveyance of electors to or from the poll, whether for the hiring of vehicles or animals of transport of any kind whatsoever, or for railway fares, or otherwise ; or (b) to or with an elector on account of the use of any house, land, building, or premises for the exhibition of any address, bill or notice , or on account of the exhibition of any address, bill, or notice.

(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 - (a) for the purpose of the conveyance of voters to or from the poll; or (b) for any other purpose, other than - (i) any legitimate business; or (ii) any official business, that is to say, the performance of any duty or the discharge of any function accruing from or connected with or incidental to any office, service or employment, held or undertaken or carried on by him.

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 - (a) where it is the ordinary business of an elector as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such elector, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section; (b) where electors are unable at an election to reach their polling stations from their placed of residence without crossing the sea or a branch or arm thereof or a river, means may be provided for conveying such electors by sea to their polling stations, or to enable them to cross the river in order to reach their polling stations : (c) the conveyance of a person at his own expense to or from the poll at an election in, or the use by any person at his own expense for the purpose of that conveyance of himself to or from the poll of, any public transport service shall be deemed not to be an illegal practice within the meaning of this section; (d) where the returning officer of any electoral area is satisfied upon written application in that behalf made to him by any person, or on behalf of such person by any other person not being a candidate, so as to reach such officer seven days before the day on which a poll is to be taken at an election in that area, that such person is unable, by reason of any physical disability to convey himself to and from the poll in foot or in any public transport service referred to in paragraph (c) of this subsection, the returning officer may give such person written authority to use any vehicle, vessel or animal for the purpose of conveying himself to and from the poll, and accordingly the use of a vehicle, vessel or animal for the purpose of such conveyance by such person shall be deemed not to be an illegal practice within the meaning 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.

82H.

(1) Where there is published in any newspaper any false statement concerning, or relating to - (a) the utterances or activities at an election under this Ordinance of any candidate, or any recognized political party or independent group which is contesting such election; or (b) the conduct or management of such election by such candidate, or any such recognised political party, or independent group, and such statement is capable of influencing the result of such election, then, every person who at the time of such publication or broadcast was the Proprietor, the Manager, the Editor, the Publisher or other similar officer of that newspaper publishing such statement or the Corporation or licensed radio or television station broadcasting such false statement or who was purporting to act in such capacity, shall each be guilty of an illegal practice unless such person proves that such publication or broadcast was made without his consent or connivance, and that he exercised all such diligence to prevent such publication or broadcast as he ought to have exercised, having regard to the nature of his function in such capacity and in all the circumstances.

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

82J.

(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 : (a) a reasonable number of polling agents for each polling station having regard to the need to revoke the appointment of any polling agent for that polling station during the poll; and not more than the number of counting agents referred to in section 60 for each counting center; (b) a reasonable number of clerks and messengers having regard to the extent of the electoral area and the number of electors on the register of electors for such area.

(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.

82K. A candidate or his agent who prints, publishes, distributes or posts up or causes to be printed, published, distributed or posted up any advertisement, handbill, placard or poster which refers to an election under this Ordinance and which does not bear upon its face the names and addresses of its printer and publisher shall be guilty of an illegal practice.

82L.

(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

82M

(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- (a) that no corrupt or illegal practice was committed at the election by such candidate and the illegal practice which is the subject mallet of the prosecution was committed contrary to the orders and without the sanction or connivance of" such candidate and (b) that such candidate took all reasonable means for preventing the commission of corrupt and illegal practices at the election , and (c) that the offence or offences constituting such illegal practice was or were of a trivial, unimportant and limited nature; and (d) that in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and his agents.

(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.

82N. Any person who is convicted of an offence specified in sections 77,78,81 A, 81B, 82, 82A, 82II,82C,82D,82O,82H,82J and 82K shall, in addition to any other penalty prescribed for such offence, he disqualified for a period of five years from the date of such conviction from being elected to, or from sitting or voting as a member of. any local authority.

82O.

(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.

82P.

(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 - (a) that by reason of general bribery, general treating or general intimidation or other misconduct or other circumstances whether similar to those enumerated before or not a section of electors was prevented from voting for the recognized political party or independent group which it preferred and there by materially affected the result of the election ; (b) non-compliance with the provisions of this Ordinance relating to elections, if it appears that the election was not conducted in accordance with the principles laid down in such provisions and that such non-compliance materially affected the result of the election.

(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 - (a) that a corrupt or illegal practice was commuted in connection with the election by the candidate or with his knowledge or consent or by any agent of the candidate, (b) that the candidate personally engaged a person as canvasser or agent or to speak on his behalf knowing that such person had within seven years previous to such engagement been found guilty of a corrupt practice under the law relating to the election of the President or the law relating to Referenda or under the Ceylon (Parliament Elections) Order in Council. 1946, or under this Ordinance by a court of competent jurisdiction or b\ the report of an Election Judge. (c) that the candidate personally eng person as a canvasser or agent or to on his behalf knowing that such had been a person on whom disability had been imposed resolution passed by Parliament of Article 81 of the Constitution period of such civic disability sp in such resolution had not expired (d) that the candidate was at the time of his election a person disqualified for election as a member.

82Q. A High Court established by Article 154P of the Constitution shall have and exercise jurisdiction to try election petitions in respect of elections held under this Ordinance, where: such election petition is in relation to an election for any electoral area situated within such court's jurisdiction (hereinafter referred to as "High Court"). The jurisdiction of High Court in respect of its powers under this section shall be exercised by the Judge of such High Court and references in this Ordinance to "Election Judge" shall be construed accordingly.

82R. An election petition may he presented to the High Court by any one or more of the following persons, namely :

(a) some person claiming to have had a right to be returned or ejected at such election ;

(b) some person alleging himself to have been a candidate at such election.

82S. All or any of the following reliefs to maybe which the petitioner may be entitled may be claimed in an election petition, namely a declaration that -

(a) the election in respect of any electoral area is void ;

(b) the return of any person elected was undue ;

(c) any candidate was duly elected and ought to have been returned.

82T.

(1) A petitioner shall join as respondents to his election petition- (a) where the petition, in addition to claiming that the election of all or any of the returned candidates is void or was undue, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates, other than the petitioner, and where no such declaration is claimed, all the returned candidates; and (b) any other candidate or person against whom allegations of any corrupt or illegal practice are made in the petition.

(2) Any candidate not already a respondent to an election petition shall, upon application in that behalf made by him to the Election Judge, be entitled to be joined as a respondent to such petition :

Provided that no candidate shall be entitled to be joined of his own motion as a respondent to such petition under the preceding provisions of this section unless he has given such security for costs as the Election Judge may determine.

82U. An election petition -

(a) shall state the right of the petitioner to petition under section 82R of this ordinance ;

(b) shall state the holding and result of the election ;

(c) shall contain a concise statement of the material facts on which the petitioner relies ;

(d) shall set forth full particulars of any corrupt or illegal practice that the petitioner alleges, including as full a statement as possible or the names of the parties alleged to have committed such corrupt or illegal practice and the date and place of the commission of such practice, and shall also be accompanied by an affidavit in support of the allegation of such corrupt or illegal practice and the date and place of the commission of such practice ,

(e) shall conclude with a prayer as, for instance, that the election in respect of any electoral area should be declared void, and shall he signed by all the petitioners:

82V

(1) The Election Judge may, upon such terms as to costs or otherwise as he may deem fit, allow the particulars of any corrupt or illegal practice specified in an election petition to be amended or amplified in such manner as may in his opinion he necessary for ensuring a fair or effective trial of the petition so, however, that he shall not allow such amendment or amplification if it will result in the introduction of particulars of any corrupt illegal practice not previously alleged in the petition

(2) Every election petition shall be tried as expeditiously as possible and every endeavor shall be made to conclude the trail of such petition within a period of six months after the date of the presentation of such petition. The Election Judge shall make his order deciding such petition without undue delay after the date of the conclusion of the trial of such petition.

82W. At the conclusion of the trial of an of Election petition the Judge shall determine whether the member whose return or election is complained of, or any other and what person, was duly returned or elected, or whether the election was void; and shall certify such determination in writing.

Such certificate shall be kept in the custody of the Registrar of the High Court to be dealt with as hereinafter provided.

82X, At the conclusion of the trial of an election petition the election Judge shall also make a report setting out -

(a) whether any corrupt or illegal practice has or has not been proved to have been committed or with the knowledge and consent of any candidate at the election, or by his agent, and the nature of such corrupt or illegal practice, if any ; and

(b) the names and descriptions of all persons, if any, who have been proved at the trial to have been guilty of any corrupt or illegal practice :

Provided, however, that before any person, not being a party to an election petition nor a candidate, is reported by an Election judge under this section, the Election Judge shall give such person an opportunity of being heard and of giving and calling evidence to show why lie-should not be so reported.

Such report shall be kept in the custody of the Registrar of the High Court to be dealt with as hereinafter provided.

82Y.

(1) Any person dissatisfied with - (a) the determination of an Election Judge under section 82w; or (b) any other decision or order of an Election Judge,

may appeal to the Supreme Court, with leave first had and obtained from the Supreme Court.

(2) Until rules are made under Article 136 of the Constitution pertaining to leave to appeal application made under this section, the rules made under that Article pertaining to application for special leave to appeal to the Supreme Court shall apply in respect of every leave to appeal application made under this section.

(3) Every application under this section shall be heard by the Supreme Court and shall, as far as practicable, he given priority over other business of that Court. The Court may give all such directions as it may consider necessary in relation to the hearing and disposal of each application.

(4) The Attorney-General shall be entitled to appear or be represented at any application for leave to appeal or at any appeal under this Part.

82Z.

(1) At the time of the filling of the application under section 82Y or within three days afterwards, security for the payment of all costs, charges and expenses that may become payable by the applicant shall be given on behalf of the applicant.

(2) The security shall be an amount of not less than ten thousand rupees. The security required by this section shall be given by a deposit of money,

(3)if the security as in this section provided is not given by the applicant, no further proceedings shall be had on such application and the respondent may apply to the Supreme Court for an order directing the rejection of such application and for the payment of the respondent's costs. The costs of hearing and deciding such application shall be paid as ordered by the Supreme Court, and in default of such order shall form part of the general costs of the appeal.

(4) The deposit of money by way of security for the payment of the costs, charges and expenses payable by the applicant shall be made by payment to the Registrar of the Supreme Court which shall be vested in and drawn upon from time to time by the Chief Justice for the purposes for which security is required by this section.

(5) The Registrar of the Supreme Court shall keep a book open to the inspection of all parties concerned in which shall be entered from time to time the amount and the application to which it is applicable.

(6) Money so deposited shall, if and when the same is no longer needed for securing the payment of the costs, charges and expenses payable by the applicant, be returned or otherwise disposed of as justice may require by order of the Chief Justice.

(7) Such order may be made after such notice of intention to apply and proof that all just claims have been satisfied or otherwise sufficiently provided for as the Chief Justice may require.

(8) Such order may direct payment to the party in whose name the same is deposited or to any person entitled to receive the same .

82AA.

(1)upon leave to appeal being granted the Registrar of the supreme court shall enter the petition in the roll of pending appeals, and the matter of the appeal shall come up for hearing before a bench of three judges of the Supreme court without further notice to the parties concerned in accordance with the directions given to such Registrar by the Chief Justice.

(2) The Supreme Court may of its own motion or on an application of a party of such appeal and with reasonable notice to the other parties concerned, accelerate the hearing of such appeal, upon such terms as to the cost of appeal as it may think fit.

(3) When the appeal comes up for hearing the appellant shall he heard in support of the appeal and the respondents against the appeal.

82AB.

(1) The Supreme Court may, upon hearing the parties to the appeal affirm, vary or reverse the determination or decision of the Election Judge to which the appeal relates.

(2) Where the Supreme Court reverses on appeal the determination of the Election Judge under section 82w, the Supreme Court shall decide whether the member whose return or election was complained of in the election petition, was duly returned or elected, or whether the election was void, and a certificate of such decision shall he issued by the Supreme Court.

(3) The Supreme Court may, in the case of any appeal order that the election petition to which the appeal relates shall be tried anew in its entirety or in regard to any matter specified by the Supreme Court and give such directions in relation thereto as the Supreme Court may think fit.

(4) The Supreme Court may make any order which it may deem just as to the costs of the appeal and as to the costs of, and incidental to, the presentation of the election petition and of the proceedings consequent thereon, and may by such order reverse or vary any order, as to costs made by the Election Judge ; and the Supreme Court may make rules as to the award, taxation and recovery of costs in the Supreme Court.

82AC.

(1) Where no application is preferred against the determination of an Election Judge. under section 82w within the period hereinbefore specified in that behalf, the Election judge shall transmit to the President the certificate of such court issued under that section, together with the report of such Judge made under section 82x.

(2) Where an application is preferred to the Supreme Court under section 82Y, the Election Judge shall transmit to the Supreme Court the certificate of the Election Judge issued under section 82w together with the report of the Election Judge made under section 82x.

(3) Where the determination of the Election Judge is reversed by the Supreme court in appeal, the Supreme Court shall transmit to the President the certificate of the decision of that Court issued under section 82AB together with - (a) the report of the Election Judge made under section 82x, if it is in the opinion of the Supreme Court not affected by the decision in the appeal , or (b) if the Supreme Court considers it necessary, a report in respect of the matters referred to in section 82x made by the Supreme Court

82AD. Upon the transmission to the President of the certificate of the determination of an Election Judge or of the decision of the Supreme Court as required by section 82AC, the determination or decision, as the case may be, shall take effect and accordingly-

(a) the return or the election shall be confirmed ; or

(b) the return or the election shall be altered in accordance with such determination or decision, as the case may be ; or

(c) where the determination or the decision is to the effect that the election in respect of any electoral area is to be declared void, the President shall, within one month of the receipt of such certificate, by Order published in the Gazette require the holding of an election in respect of that electoral area.

82AE.

(1) (a) The President shall, upon receipt of the report of the Election Judge or of the Supreme court transmitted to him under section 82AC forthwith cause a copy of the report, to be published in the Gazette. (b) (i) Where the report referred to in paragraph (a) is to the effect that a corrupt or illegal practice has been committed by any person, that person shall be subject to the same incapacities as if at the date of the said report had been convicted of that practice and the returning officer shall expunge the name of such person from any nomination paper in respect of the election which was the subject matter of the election petition. (ii) Where the report referred to in paragraph (a) is to the effect that such corrupt or illegal practice was committed with the knowledge and consent of a person who was a candidate at an election or by his agent, that person shall be subject to the same incapacities as aforesaid.

(2) It shall be the duty of every registering officer forthwith to peruse every such report which is published in the Gazette under .subsection (1), and forthwith to delete from the register of electors the name of every person appearing from the report to be incapable of voting at an election.

82AF

(1) Every election petition under this Ordinance shall be presented within twenty-one days of the date of publication of the result of the election in the Gazette :

Provided that an election petition questioning the return or the election upon the ground of a corrupt or illegal practice and specifically alleging a payment of money or other act to have been made or done since the dale aforesaid by the member whose election is questioned or by an agent of the member or with the privity of the member in pursuance or in furtherance of such corrupt or illegal practice may, so far as respects such corrupt or illegal practice, be presented at any time within twenty-eight days after the date of such payment or act.

(2) An election petition presented in due time may, for the purpose of questioning the return or the election upon an allegation of a corrupt or illegal practice, be amended with the leave of the Election Judge within the time within which an election petition questioning the return or the election upon that ground may be presented.

82AG. No electors who has voted at an election: shall in any proceeding to question the election, be required state for which recognized political party or independent group he has voted.

82AH.

(1) On a scrutiny at the trial of an election petition the following votes only shall be struck off, namely the vote of any person- (a) whose name was not on the register of electors assigned to the polling station at which the vote was recorded ; (b) whose vote was procured by bribery, treating, or undue influence ; (c) who committed or procured the commission of personation at the election ; (d) proved to have voted in more than one electoral area; (e) who, by reason of the operation of paragraphs (e), (f), (g), (h), (i) and (j) of Article 89 of the Constitution, was incapable of voting at the election ; (f) who, not being entitled to vote in person at the election by reason of subsection (1) of section 39B, voted in person at the election.

(2) The vote of a registered elector shall not, except in the case specified in paragraph (e) of subsection (1), be struck off at a scrutiny by reason only of the voter not having been or not being qualified to have his name entered on the register of electors.

(3) On a scrutiny, any tendered vote proved to be a valid voter shall, on the application of any party to the petition, be added to the poll.

82AK. On an election petition the decision of a counting officer whether or not a ballot paper shall be rejected under section 63 shall not be questioned-

Procedure and practice on election petitions. [ 7,1 of 2002]

82AJ, The provisions of the Parliamentary Elections Petition Rules set out in the Fourth Schedule to the Parliamentary Elections Act, No. 1 of 1981, shall, mutatis mutandis, apply to, and in regard to the procedure and practice on election petitions under this Ordinance.

82AL. Where, upon the trial of an election petition respecting an election under this Ordinance, the Election Judge reports that a candidate at such election has been guilty by his by his agents of the offence of treating or undue influence or of any illegal practice in reference to such election, and the Election Judge further reports, after giving the Attorney-General an opportunity of being heard, that the candidate has proved to the court-

(a) that no corrupt or illegal practice was committed at such election by the candidate and the offences mentioned in the said report were committed contrary to the orders and without the sanction or connivance of such candidate ; and

(b) that such candidate took all reasonable means for preventing the commission of corrupt and illegal practices at such election ; and

(c) that the offences mentioned in the said report were of a trivial, unimportant and limited character; and

(d) that in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and of his agents,

then the election of such candidate shall not, by reason of the offences mentioned in such report, be void, nor shall the candidate be subject to any incapacity under this Ordinance.

82AM. Where, on application made, it is shown to an Election Judge or to the Judges of the Supreme Court, in the case of an appeal, by such evidence as seems to the Election Judge or the Judges of the Supreme Court sufficient-

(a) that any act or omission of a candidate at an election, or of any of his agents or other person, would, by reason of being a payment, engagement, employment, or contract in contravention of this Ordinance or of otherwise being in contravention of any of the provisions of this Ordinance, be but for this section an illegal practice ; and

(b) that any such act or omission arose from inadvertence or from accidental miscalculations or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith,

and in the circumstances it seems to the Judge, or the Judges of the Supreme Court as the case may be after giving the candidates, the returning officer, and any elector within the electoral district an opportunity of being heard, to be just that the candidate in question and his agent or other person, or any of them should not be subject to any of the consequences under this Ordinance of the said act or omission, the Election Judge or the Judges of the Supreme Court as the case may be, may make an order allowing such act or omission to be an exception from the provisions of this Ordinance which would otherwise make the same an illegal practice, payment, employment, or hiring, and thereupon such candidate, agent or person shall not be subject to any of the consequences under this Ordinance of the said act or omission.

84. All matters connected with the preparation or revision of the electoral lists or any electoral area under this Ordinance or connected with any general election of any local authority for which no provision is made by this Ordinance or in respect of which the provisions of this Ordinance require to be supplemented or modified so as to meet unforeseen or special circumstances, may be provided for by Order of the Minister published in the Gazette; and every such Order shall upon such publication, be as valid and effectual as if it were herein enacted.

84A.

(1) Any person, being the employer of any other person who is entitled to vote at any election under this Ordinance shall, upon application in writing in that behalf made by such other person. grant such other person, leave, without loss of pay, for such continuous period (not less than two hours in duration) as that person may deem sufficient to enable such other person to vote at that election.

(2) Any person who contravenes or fails to comply with 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 five hundred rupees, or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment.

84B. No misnomer or inaccurate description of any person or place named or described in any electoral list, notice or other document whatsoever prepared or issued under or for the purposes of this Ordinance shall in anywise affect the operation of this Ordinance as respects that person or place if that person or place is so designated in such list, notice or document as to be identifiable.

84C.

(1) Where the Commissioner considers that any premises, other than any school referred to in section 70, are required for the purpose of being used as a polling station, he may requisition those premises for that purpose by order in writing addressed to and served on the person in actual possession of those premises, or where no person is in such actual possession, on the owner of such premises.

(2) Where any premises are requisitioned under subsection (1), the period of such requisition shall not extend beyond four weeks. (3) In this section, " premises " means any land, building or part of a building and includes a hut, shed or structure or any part thereof.

84D.

(1) Where any premises are requisitioned under section 84C, the Commissioner shall pay, out of moneys provided for the purpose by Parliament, compensation for such requisition to the person who was in actual possession of those premises immediately before the requisition or where no person was in such actual possession, the owner of those premises, and shall make good any damage done to those premises during the period of the requisition.

(2) The amount of compensation payable under subsection (1) in respect of any premises shall be determined by taking into consideration- (a) the rent payable in respect of those premises, or where no rent is so payable, the rent payable for similar premises in the locality, and (b) if, in consequence of the requisition of those premises, the person who was in actual possession of those premises immediately before the requisition was compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.

(3) Where any person entitled to compensation under this section is aggrieved by the decision of the Commissioner in regard to the amount of the compensation, that person may appeal in writing to the Minister from that decision. Upon such appeal being made, the Minister shall appoint an arbitrator and shall refer such appeal to him for determination; and the determination of the arbitrator on such appeal shall be final.

85. Save as otherwise expressly provided, every notice required to be published by this Ordinance shall-

(a) be in the Sinhala language together with translations thereof in the Tamil and English languages ; and

(b) be exhibited at the office of the local authority of such area, and otherwise published in such manner as the officer responsible for the publication thereof may consider best calculated to give publicity thereto.

85A. Every person who, without lawful authority, destroys, mutilates, defaces or removes any notice which is exhibited by any authority under this Ordinance, or any document which is made available for inspection in accordance with this Ordinance, shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding fifty rupees.

86. All expenses incurred under this Ordinance in the preparation of the electoral list of any electoral area, in connection with the nomination of candidates by recognized political parties and independent groups for the purpose of any election of any local authority, and in the conduct of a general election shall be defrayed out of the Consolidated Fund.

87. All fines imposed by any court under this Ordinance shall, when recovered, be Paid by the court into the Consolidated Fund.

89. In this Ordinance, unless the context otherwise requires-

" appointed date " means the 10th day of February, 1947;

"authorized agent" in relation to a recognized political party means a person expressly authorized in writing by the secretary of that recognized political party, to be the authorized agent of that recognized political party and whose authorization has been communicated by such secretary to the returning officer for the. electoral area, in respect of which the election is being., held, at least seventy two hours before the commencement of the nomination period;

" Commissioner " means the Commissioner of Elections.;

" Commissioner of Elections " means the Commissioner of Elections appointed under Article 103 of the Constitution of Sri Lanka;

" Deputy Mayor" means the Deputy Mayor of a Municipal Council or the Vice-Chairman of an Urban Council or a Pradeshiya Sabha ;

"district" means an administrative district;

"electoral district " has the same meaning as in the Ceylon (Parliamentary 1953] Elections) Order-in-Council;

"local authority" means any Municipal Council, Urban Council or Pradeshiya Sabha ;

"local elections" means elections of members of a local authority;

" Mayor " means the Mayor of a Municipal Council or the Chairman of an Urban Council or a Pradeshiya Sabha ;

" Municipality " means the area within the administrative limits of every Municipal Council in existence at the appointed date or any area which is a Municipality within the meaning of any written law for the time being in force relating to the constitution of Municipal Councils ;