(1) Each polling district for the time being in force under the Registration of Electors Act, No. 44 of 1980, shall be deemed to be a polling district for the purposes of this Act.

(2) Each polling division for the time being in force under the Registration of Electors Act, No. 44 of 1980, shall be deemed to be a polling division for the purposes of this Act.

(1) The register to be used for the purposes of an election under this Act shall be the register in operation on the date of publication of the notice of nomination under section 10, notwithstanding that a new register may have come into operation after the publication of such notice.

(2) For the purposes of subsection (1) a "register in operation " means a register of electors in operation in terms of the Registration of Electors Act, No. 44 of 1980, and includes a register or registers or a part of a register or any combination of them corresponding to the area of a Development Council.

(1) The Commissioner shall, from time to time, by notice in the Gazette appoint by name or by office a person to be the returning officer of each Development Council area, and may appoint by name or by office one or more persons to assist the returning officer in the performance of his duties. A person so appointed to assist any returning officer shall have all the powers and may perform all the duties of the officer whom he is appointed to assist, and any reference in this Act to a returning officer shall, unless the context otherwise requires, be deemed to include a reference to an assistant returning officer. An appointment made by the Commissioner under this subsection may be revoked by him at any time.

(2) If any returning officer is by reason of illness or other cause prevented or disabled from performing any of his duties under this Act and there is not time for another person to foe appointed by the Commissioner, the returning officer may appoint by name or by office, a deputy to act for him. Every such appointment shall as soon as possible be reported to the Commissioner and may be revoked by him, but without prejudice to the validity of anything already done by such deputy.

(1) Every political party which, on the day immediately preceding the date of coming into operation of this Act, is entitled to be treated as a recognized political party under the Parliamentary Elections Act, No. 1 of 1981, or of elections. under the Local Authorities Elections Ordinance, shall, so long as that political party continues to be treated as a recognized political party under that Act or Ordinance, be deemed to be a recognized political party for the purpose of elections under this Act.

(2) Where a political party is deemed by virtue of the operation of the provisions of subsection (1) to be a recognized political party for the purpose of elections under this Act, the approved symbol allotted to that party under the Parliamentary Elections Act, No. 1 of 1981, or the Local Authorities Elections Ordinance or any other law, shall be deemed to be the approved symbol of that party until such party ceases to be so entitled under subsection (1).

(a) if such person is subject to any of the disqualifications specified in paragraphs (a), (c), (d), (e), (f) and (g) of Article 91 (1) of the Constitution;

(b) if such person is subject to any of the disqualifications specified in the Local Authorities (Imposition of Civic Disabilities) (No. 1) Law, No. 38 of 1978, or the Local Authorities (Imposition of Civic Disabilities) (No. 2) Law, No. 39, of 1978, or who, under any other law for the time being in force, is disqualified from voting at an election of members to any Municipal Council or Urban Council;

(c) if he is a Member of Parliament;

(d) if such person is a member of any other Development Council or stands nominated as a candidate for election for more than one Development Council;

(e) if he is a member of any Municipal Council or Urban. Council;

(f) if such person is an officer or servant of a Development Council in actual employment by and to receipt of a salary from such Council, or is a person whose employment by such Council was terminated within a period of one year before the date of the election of members to such Council;

(g) if such person 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 Council:

Provided that nothing herein contained shall extend to any pension or gratuity granted by such Council in respect of past service, nor to any contract, agreement or commission entered into or accepted in its corporate capacity by any incorporated trading company in which such person may be a member or a shareholder ;

(h) if such person is a member of the Local Government Service established by the Local Government Service Law, No. 16 of 1974:

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 Development Council 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

(i) if such person stands nominated as a candidate for election by more than one recognized political party or independent group in respect of any Development Council.

(1) Whenever an election of the members of a Development Council is due to be held in any year, the returning officer of that Development Council area 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 normal office hours at his office, and the number of candidates required under section 13(1) to be set out on the nomination paper.

(2) The nomination period shall commence on the fourteenth day after the date of publication of the notice referred to in subsection (1) and expire at twelve noon on the twenty-first day after the date of publication of such notice.

(1) Where the Commissioner has reasonable cause to believe that difficulties may arise at an election which is due to be held in any Development Council area by reason of the fact that there are rival sections of a recognized political party all of whom claim to be that party, the Commissioner may, in order to remove such difficulties, issue in his absolute discretion a direction to the returning officer for that Development Council area that in the case of such election such recognized political party is either any one such section or none of such sections. It shall be the duty of such returning officer or any other officer, at such election, to act in accordance with that direction.

(2) No suit or other proceeding shall lie against

(3) A direction issued to a returning officer under sub section (1) shall be final and conclusive, and shall not be called in question in any court.

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

(1) 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 an election of members of a Development Council submit one nomination paper setting out the names, in order of priority, of such number of candidates as is equivalent to the number of members to be elected for that Development Council, increased by one-third. Where one-third of the number of members to be elected for any Development Council is an integer and fraction or fraction, the integer immediately higher to that integer and fraction or fraction shall be deemed to be the one-third for the purposes of this subsection. Such nomination paper shall be substantially in form A set out in the First Schedule to this Act.

(2) 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.

(3) Each nomination paper shall be signed by the secretary of a recognized political party or in the case of an independent group, by the candidate whose name appears first in the nomination paper (hereinafter referred to as the " group leader ") and shall be attested by a Justice of the Peace or by a notary public.

(4) Such nomination paper shall be delivered to the returning officer at his office during normal office hours within the nomination period by the secretary of a recognized political party or by the candidate whose name appears first in such nomination paper (hereinafter referred to as the " authorized agent") in the case of a recognized political party, or by the group leader in the case of an independent group.

(5) Where, due to any reason whatsoever, the secretary of a recognized political party or the authorized agent or the group leader is unable to deliver a nomination paper, the candidate whose name appears second on such nomination paper shall deliver such nomination paper to the returning officer as required by subsection (4).

(6) The returning officer shall as soon as practicable make a copy of each nomination paper received by him and display such copy on his notice-board.

(7) The returning officer shall, on application made at any date after the publication of the notice of nomination and before the expiry of the nomination period, supply free of charge a nomination paper to any recognized political party or any independent group ; but nothing in this Act shall be deemed to preclude the use of any form of nomination paper not supplied by the returning officer, so long as such form does not differ substantially from form A set out in the first schedule to this act.

(8)

(1) A group leader or any person authorized by such group loader, shall, between the date of publication of the notice under section 10 and the submission of the nomination paper of that group, deposit in legal tender with the returning officer a sum calculated at two thousand rupees in respect of each candidate nominated by such group.

(2) No deposit made by a group leader or a person authorized by such group leader under subsection (1) shall be accepted by the returning officer unless it is made within the time prescribed in that subsection.

(3) Where a deposit under this section is accepted by the returning officer, such officer shall forthwith issue to the person by whom the deposit was made a receipt in writing signed by such officer acknowledging his acceptance of such deposit, and the receipt shall state

(1) Every deposit made with a returning officer under section 14 shall forthwith be credited by such officer to a deposit account and shall be disposed of according to the provisions of subsections (2), (3) and (4).

(2) Where a nomination paper of an independent group is rejected under the provisions of section 17, the deposit shall be returned to the person who made the deposit.

(3) Where the number of votes polled by an independent group is less than one-eighth of the total number of votes polled at the election in such Development Council area, the deposit made in respect of the candidates of such group shall be declared forfeit and shall be transferred by the returning officer from the deposit account to the Consolidated Fund, and in every other 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.

(4) For the purposes of this section, the number of votes polled at an election in any Development Council area shall be deemed to be the number of votes actually counted and shall not include any votes rejected as void.

(a) by reason of his conviction for a corrupt or illegal practice or by reason of the report of an Election Judge under the Ceylon (Parliamentary Elections) Order in Council, 1946, or under the Parliamentary Elections Act, No. 1 of 1981, or by reason of the report of the Supreme Court under the law relating to the election of the President; or

(b) by reason of the imposition of civic disability on him in terms of Article 81 (1) of the Constitution ; or

(c) by reason of his being subject to any of the disqualifications specified in the Local Authorities (Imposition of Civic Disabilities) (No. 1) Law, No. 38 of 1978, or the Local Authorities (Imposition of Civic Disabilities) (No. 2) Law, No. 39 of 1978, signifies his consent to be nominated as a candidate at an election of members of any Development Council, he shall be guilty of an offence, and shall, on conviction before a Magistrate be liable to a fine not exceeding one thousand rupees or to imprisonment of either description for a term not exceeding three months or to both such fine and imprisonment.

(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

(2) Where any nomination paper has been rejected by the returning officer under subsection (1), the returning officer shall inform the secretary of the recognized political party or the group leader, as the case may be, who had submitted such nomination paper the fact of such rejection. The decision of the returning officer to reject such nomination paper shall be final and conclusive.

(1) Where in the case of any Development Council area, the candidates of only one recognized political party or one independent group stand duly nominated for election, then

(2) The returning officer shall forthwith make a return which shall be substantially in form B set out in the First Schedule to this Act, to the Commissioner who shall cause the names of the members and the name of the Chairman so elected to be published in the Gazette.

(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,

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

(2) The approved symbol of a recognized political party shall not, whether or not such party is contesting an election, be allotted under paragraph (b) of substitution (1) to any independent group.

(3) After the allocation of symbols under subsection (1) the returning officer shall forthwith adjourn such election to enable a poll to be taken in accordance with the provisions hereinafter set out.

(1) The returning officer shall, as soon as may be after the conclusion of the proceedings under section 20, publish a notice in the Gazette specifying

(2) If, after the publication of the notice referred to in subsection (1), the day specified in such notice is declared to be a public holiday, such declaration shall in no way affect the validity of anything done on such day of the purposes of the election.

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

(4) The polling station or stations for each polling district shall be situated within such polling district save where the returning officer, having regard to the special circumstances in any polling district, may decide upon a polling station outside such polling district. The location of the polling station shall be such as to cause the minimum inconvenience to the electors of the polling district

(5) 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 returning officer may cause the situation of that station to be altered in such manner as he may, in his absolute discretion, determine.

(6) Where due to any emergency or unforeseen circumstances the poll for the election in any Development Council area cannot be taken on the day specified in a notice published under subsection (1), the returning officer may, by notice published in the Gazette, appoint another day for the taking of such poll, and such other day shall not be earlier than the fourteenth day after the publication of the notice in the Gazette.

(1) A person who is entitled under this section to be treated as a postal voter for the purpose of an election in any Development Council area 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 in any Development Council area may be made

(3) An application to be treated as a postal voter shall be made to the returning officer so as to reach him within ten days after the date of publication of the notice of nomination under section 10. Such application shall be substantially in the form prescribed for the purpose by the regulations contained in the Second Schedule to this

(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 may be necessary for that purpose.

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

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

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

(11) A ballot paper issued to a person entitled to be treated as a postal voter is in the Act referred to as a "a postal ballot paper".

(12) The returning officer of any Development Council area where there is an election shall, as soon as practicable, prepare a list (in this Act 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 Second Schedule to this Act.

(1) The returning officer shall send to each elector whose name appears in the register a poll card (in this Act referred to as an " official poll card ") in such form as may be determined by the Commissioner, and specifying

Provided that no such card shall be sent to an elector who is enticed to be treated as a postal voter.

(2) An official poll card under subsection (1) shall be no sent to an elector by ordinary post as to reach him at least seven days before the date of the poll. Where a post office fails to deliver such card to the person to whom it is addressed it shall be retained until the date of the poll in such post office to be delivered to the addressee if he calls for it.

(3) Every person who

shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

(4) Every person, other than a public officer acting in the course of his duty as such officer, who has in his possession the official poll card of 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.

(1) Subject to the general or special directions of the Commissioner, each returning officer shall appoint, and may revoke the appointment of, one or more persons, hereinafter called presiding officers, to preside at each polling station in his Development Council area. If more than one presiding officer is appointed for any polling station, the returning officer may appoint one of the presiding officers to be the senior presiding officer who shall exercise general supervision over the other presiding officers, and over all arrangements for the conduct of the poll in that station.

(2) If any presiding officer is by reason of illness or other cause, prevented from acting at an election, and there is not 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 revoked by the returning officer, but without prejudice to the validity of anything already done by such deputy.

(3) The returning officer may, if he thinks fit, preside at any polling station, and the provisions of this Act relating to a presiding officer shall apply to such returning officer.

(1) For the purposes of an election in any Development Council area, the returning officer shall

(2) An election shall not be questioned by reason of non-compliance with the provisions of subsection (1) or any informality relative to polling stations.

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

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

(1) The votes at every election for any Development Council 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.

(2) Every ballot paper shall be substantially in form C set out in the First Schedule to this Act, and

(1) The secretary of each recognized political party or its authorized agent or any group leader may appoint 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. Notice in writing of every such appointment stating the names and addresses of the persons appointed shall be given by such secretary or authorized agent or group leader to the presiding officer at that station before the opening of the poll or during the poll.

(2) The secretary of a recognized political party or its authorized agent or a group leader may delegate the powers vested in such secretary, authorized agent or group leader under subsection (1), to any candidate nominated by such party or independent group for such election, so however, that such powers shall not be delegated to more than one candidate in respect of each polling division. Any delegation under this subsection shall be notified in writing to the returning officer not later than seven days before the date of the poll.

(3) Whore such secretary, authorized agent or group leader or candidate referred to in subsection (2) after informing such presiding officer of the name of any polling agent appointed to act at such station, revokes the appointment of that polling agent and appoints another polling agent to such station, such secretary, authorized agent or group leader or candidate, as the case may be, shall inform such officer in writing of the revocation of such appointment and of the name and address of the new polling agent appointed to such station,

(4) Not more than two polling agents of each recognized political party or independent group shall at any time be admitted to or be allowed to remain in any polling station.

(5) No polling agent whose name has not been notified to the presiding officer as required by subsection (1) or subsection (3) shall be admitted to a polling station.

(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.

(2) 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 secretary of a recognized political party and the candidates, fee polling agents, the police officers on duty and other persons officially employed at the polling station.

(3) 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.

(4) Any person removed from a polling station under subsection (3)-

(1) Immediately before the commencement of the poll, the presiding officer at a polling station

The duties imposed on the presiding officer by the preceding provisions of this section shall be performed by him in such manner as to ensure that the poll is opened at the hour fixed by this Act.

(2) The provisions of paragraph (b) of subsection (1) shall apply to every ballot box which is to be used after- the commencement of the poll.

(1) Each voter shall be given one ballot paper and shall have one vote.

(2) The ballot paper shall be delivered to the voter by the presiding officer or a person acting under his authority. Immediately before the ballot paper is delivered to the voter

(1) No ballot paper shall be delivered to a voter at an election

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

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

(3) In this section

(1) 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 in the Third Schedule to this Act and fold the ballot paper so as to conceal his vote, and shall then show to the presiding officer the reverse of the paper, so as to disclose the official mark, and put the ballot paper, so folded, into the ballot box in the presence of the presiding officer.

(2) The presiding officer may at any time while a poll is proceeding, take such steps as may be necessary to ensure that no voter delays unduly in any place reserved for the marking of ballot papers.

(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 hearing of the polling agents, if present, the method of voting specified in the directions given for the guidance of voters in the Third Schedule to this Act, but in so doing he shall carefully abstain from any action which might be construed by the voter as advice or a direction to vote for any particular recognized political party or independent group.

(2) The presiding officer, on the application of any voter who is incapacitated by blindness or other physical cause from voting in accordance with the directions given for the guidance of voters in the Third Schedule to this Act 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.

(a) votes in more than one Development COUNCIL AREA or asks for a ballot paper for the purpose it so voting; or

(b) votes more than once in the same Development Council area or asks for a ballot paper for the purpose of so voting, he shall be guilty of an illegal practice under this Act.

(1) The presiding officer at any polling station may in his discretion, and, if required so to do by a polling agent shall, require any voter, before he is given a ballot paper to make and subscribe all or any of the declarations in forms E, F and G set out in the First Schedule to this Act. Every such declaration shall be exempt from stamp duty,

(2) If any person refuses to make any such declaration, the presiding officer may refuse to give him a ballot paper.

(3) If any person willfully makes a false statement in any such declaration, 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 term not exceeding six months or to both such fine and imprisonment.

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

(2) The packets shall be accompanied by a statement substantially in form J set out in the First Schedule to this Act, (hereinafter referred to as " the ballot paper account") made by the presiding officer, showing the number of ballot papers entrusted to him and accounting for them under the heads of

(1) Subject to the general or special directions of the Commissioner, each returning officer 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 so 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 provision., of this Act relating to a counting officer shall apply to such returning officer.

(1) The secretary of each recognized political party or its authorized agent or a group leader may appoint

(2) Any candidate to whom the power of appointing polling agents has been delegated under section 32 may in like manner, be delegated the power of appointing counting agents in respect of any counting centre referred to in. paragraph (b) of subsection (1),

(3) Notice in writing stating the names and addresses of the persons appointed under subsection (1) or subsection (2) shall be given by the secretary of such recognized political party or its authorized agent or the group leader or the candidate referred to in subsection (2), to the counting officer before the counting of votes commences. The counting officer may refuse to admit to the counting centre any counting agent whose name and address have not been so given.

(1) The counting officer shall commence the counting of votes after he has received all the ballot boxes from every polling station assigned to his counting centre under section 48.

(2) Before the counting officer proceeds to count the votes he or a person authorized by him shall, in the presence of such of the counting agents as attend

(3) The counting officer, while 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 reverse of such papers.

(4) The counting officer shall as far as practicable proceed continuously with counting the votes and shall endorse " rejected" on any ballot paper which he may reject as invalid.

(5) The counting officer shall not count the tendered bal lot papers but shall place them in separate packets according to the recognized political party or independent group they support and shall mark each packet with the name of such party or the words "Independent Group" and the distinguishing number if any of such group, as the case may be, and hand over such packet to the returning officer.

(6) The counting officer, his assistants and clerks and the counting agents but no other person except with the consent of the counting officer may be present at the counting of the votes.

(1) Any 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 ox independent group for which 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 in the Third Schedule to this Act.

(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 section the counting officer shall show it to each counting agent if present and hear his views thereon.

(4) Before rejecting a ballot paper the counting officer shall show it to each counting agent if present and hear his views thereon taking all proper precautions to prevent any person from seeing the number printed on the reverse of the paper.

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

(6) 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.

(7) 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 such statement shall be certified by the counting officer and witnessed by one of his assistants or clerks and the counting agents of any party or group as are present and desire to sign. The counting officer shall on request allow any counting agent to copy the statement.

(8) Before the counting officer makes a written statement referred to in subsection (7), 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,

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

(a) the counted ballot papers;

(b) the rejected ballot papers ;

(c) the tendered ballot papers;

(d) the ballot paper account;

(e) the packets referred to in paragraphs (c) to (f) of section 45 (1) ;

(f) the record of the count under subsection (2) (b) of section 50;

(g) the statement under section 51 (6) : and

(h) the written statement under section 51 (7) of the number of votes given to each recognized political party or independent group.

(1)

(2) Where the number of votes polled by each recognized political party or independent group contesting an election is less than the resulting number referred to in paragraph (d) of sub section (1), the party or group which has polled the highest number of votes shall be entitled to have the candidate whose name appears first in the nomination paper of that party or group declared elected and if there are one or more members yet to be declared elected, the party or group having the next highest number of votes polled shall be entitled to have the member whose name appears first in the nomination paper of that party or group to be declared elected and so on, until all the members to be elected for the Development Council are declared elected under the provisions of this subsection.

(3) Where under subsection (1) or subsection (2) an equality of votes is found to exist between the votes polled by two or more recognized political parties or two or more independent groups or any combination of them and the addition of a vote would entitle the candidates of one such recognized political party or independent group to be elected, the determination of the party or 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 may, in his absolute discretion, determine.

(4) 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.

(5) A recognized political party shall have the right, from time to time after all the members for a Development Council have been declared elected under the preceding provisions of this section, to change the order of priority of the persons whose names appear in the nomination paper submitted by it and to substitute the names of other persons in place of those who have died or have ceased to be members of such party.

(1) The returning officer shall retain the packets and all documents forwarded to him under section 53 for a period of six months reckoned from the date of the receipt thereof and thereafter shall cause the said packets and documents to be destroyed unless otherwise directed by the Commissioner.

(2) The Court of Appeal may make an order that any ballot paper or other document relating to an election which has been sealed as required by this Act be inspected, copied or produced at such time and place and subject to such conditions as the Court may deem expedient, but shall not make such an order unless it is satisfied that such inspection, copying or production is required for the purpose of instituting or maintaining a prosecution or any other legal proceedings in connection with the election. Save as aforesaid, no person shall be allowed to inspect any such ballot paper or document while it is in the custody of the returning officer,

(1) Where any member of a Development Council is, by reason of the operation of any of the provisions of section 9 or section 63 of this Act or of the provisions of the Development Councils Act, No. 35 of 1980, disqualified from sitting or voting as a member of such Council, his seat or office shall, ipso facto, become vacant.

(2) Where the seat or office of a member of a Development Council becomes vacant by reason of the operation of the provisions of subsection (1), the provisions of this Act shall apply for the purpose of filling the vacant seat or office.

(1) Where a member of a Development Council ceases, by resignation, expulsion or otherwise, to be a member of a recognized political party or independent group on whose nomination paper his name appeared at the time of his becoming such member, his seat shall become vacant upon the expiration of a period of one month from the date of his ceasing to be such member :

Provided that in the case of the expulsion of a member of a Development Council his seat shall not become vacant if prior to the expiration of the said period of one month he applies to the court of appeal by petition in writing, and the Court of Appeal upon such application determines that such expulsion was invalid. Such petition shall be inquired into by three Judges of the Court of Appeal who shall make their determination within two months of the filing of such petition. Where the Court of Appeal determines that the expulsion was valid the vacancy shall occur from the date of such determination,

(2) Where the seat of a member of a Development Council becomes vacant by the operation of subsection (1) or section 9 of this Act or the provisions of the Development Councils Act, No. 35 of 1980, the person whose name appears first in order of priority in the nomination paper of the recognized political party or the independent group, as the case may be, (excluding the names of any persons who have previously been declared elected) shall, be declared elected to fill such vacancy.

(1) Where the office of a member of a Development Council becomes vacant due to death, resignation or any other cause the District Secretary shall inform the returning officer of the Development Council area the fact of the occurrence of such vacancy. The returning officer shall fill such vacancy in the manner hereinafter provided.

(2) If the office of the Chairman falls vacant, the returning officer shall declare elected as the Chairman from the nomination paper of the recognized political party or independent group to which the Chairman who vacated office belonged, the member whose name appears next after the name of such Chairman who vacated office.

(3) If the office of a member falls vacant due to death, resignation or other cause the returning officer shall declare elected as member the candidate whose name appears next after the last of the elected members in the nomination paper of the recognized political party or independent group to which the member who vacated office belonged.

(4) Upon the declaration of the Chairman or a candidate elected under subsection (2) or subsection (3) the returning officer shall forthwith make a return substantially in from L set cut in the First Schedule to this Act, to the Commissioner who shall cause the name of the Chairman or the name or the names of the member or members so declared elected to be published in the Gazette.

(5) Where all the candidates whose names appear in the nomination paper submitted by any recognized political party or independent group in respect of a Development Council area have been exhausted by election or otherwise and thereafter a vacancy occurs to be filled by a member nominated by such party or group, the returning officer of such Development Council area shall inform the Commissioner that there remains no candidate on the nomination paper of the party or group to which the member who vacated the seat belonged, to be declared elected to fill such vacancy.

(6) Upon the receipt of such information the Commissioner shall require the secretary of the recognized political party or the group leader of the independent group to which the member who vacated the seat belonged, to nominate a member of such party or group to fill the vacancy. Upon the receipt of such nomination the Commissioner shall declare such person to be a member for the Development Council in respect of which the vacancy occurred, and cause the name of the member so declared to be published in the Gazette.

(a) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the returning officer any nomination paper knowing the same to be forged; 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 Act to be in possession of any ballot paper which has been marked with the official mark in accordance with this act, has any such ballot paper in his possession; or

(f) puts into any ballot box other than the ballot paper which he is authorized by law to put in; or

(g) without due authority takes out of the polling station any ballot paper or is found in possession of any ballot paper outside a polling station; 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 an election; or

(i) without due authority prints any ballot paper or what purports to be or is capable or being used as a ballot paper at an election ; or

(j) manufactures, constructs, imports into the Republic, has in his possession, supplies or uses for the purposes of an election, or causes to be manufactured, constructed, imported into the Republic, supplied or used for the purpose of an 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 during the polling at an election ; or

(k) willfully makes a false statement to any application to be treated as a postal voter under this Act, or in any declaration of identity sent to him under the postal voters' regulations set out in the Second Schedule to this Act; 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 postal voters' regulations set out in the Second Schedule to this Act; or

(m) 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 an election ; or

(n) without due authority places an appropriate mark on any voter at any election or what purports to be or is capable of being mistaken for that mark; or

(o) fraudulently defaces an appropriate mark placed on any voter at an election without due authority; or

(p) votes at an election knowing that he is legally incapable of, or disqualified from, so voting,

shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a term not exceeding two years and 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 Act, or of being elected as a member of a Development Council, and if at that date he has been elected as a member of a Development Council, his election shall be vacated from the date of such conviction.

(1) No person shall vote at an election under this Act if such Person is-

(2) Every person who contravenes 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 thousand rupees or to imprisonment of either description for a term not exceeding six months, or to both such fine and imprisonment.

(1) No person shall, on any date on which a poll lamp taken at a polling station, do am of the fallowing acts within the precincts, or a distance of half a kilometer of the entrance, of that polling station:-

Every person who contravenes the 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 one hundred rupees or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment.

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

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. Every person who contravenes the 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 one hundred rupees or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment.

(a) shall, at any time during the period commencing from the first day of the nomination period in respect of an election and ending one week after the result of the poll taken at such election is declared by the returning officer under this Act, conduct, hold or take part in any procession, other than a procession on May 1 in the year, or any procession for religious or social purposes ; or

(b) shall, at any procession held or conducted during the period referred to in paragraph (a), do any act or thing calculated to promote the election referred to in the said paragraph (a).

(1) Every person who attempts to commit an offence specified in section 66 or section 67 or section 68 or section 69 or section 70 shall be liable to the punishment prescribed for that offence.

(2) Every offence under section 66 or section 67 or section 68 or section 69 or section 70 shall be a cognizable offence within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979.

(3) In a prosecution for an offence in relation to a nomination paper, ballot box, ballot paper or marking instrument at an election, the property in such nomination paper, ballot box, ballot paper, marking instrument, as well as the property in the counterfoil of any ballot paper, may be stated to be in the returning officer at that election.

(4) A prosecution for an offence under section 66 or section 67 or section 68 or section 69 or section 70 shall not be instituted without the sanction of the Attorney-General.

(1) A person who is an authorized agent or a group leader at an election in any Development Council area, or is the agent of such authorized agent or group leader, shall not have

(2) The use of the ordinary place of residence of any authorized agent or group leader or candidate referred to in subsection (1) as an election office shall be deemed not to be a contravention of the provisions of that subsection.

(3) Every person who contravenes the provisions of sub section (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.

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

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

(6) For the purpose, of this, the term "notified" in relation to any election office, means notified to the officer in charge of the police station for the area, and the returning officer for the Development Council area, in which that office is situated, before such office is established.

(1) During the period commencing from the first day of the nomination period at an election and ending on the day following the day on which a poll is taken at such election, no person shall, for the purpose of promoting such election display

(2) Every person who contravenes the provisions of sub section (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 line and imprisonment.

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

(4) Every offence under this section shall be a cognizable offence within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979.

(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 and handbill, placard, poster, notice, drawing symbol, photograph of a candidate, sign, flag or banner used in such contravention,

(1) Any candidate or a member of the family of a candidate, who, at any time during the period commencing the last day of the, nomination period and ending on the day immediately following the day of the poll, visits the residence of any elector for the purpose of --

(a) soliciting or canvassing the vote of such elector, or

(b) persuading such elector not to vote for a particular recognized political party or independent group, or

(c) persuading such elector not to vote at such election ; or

(d) distributing or exhibiting any handbill placard, poster, drawing, notice, photograph of a candidate, symbol or sign,

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.

(2) For the purposes of this action, "member of the family " means the spouse son, daughter or parent, of a candidate, or the spouse of the son or daughter or a candidate.

(a) a person who is subject to the disqualifications set out in the Local Authorities (Imposition of Civic Disabilities) (No. 1) Law, No. 38 of 1978, or the Local Authorities (Imposition of Civic Disabilities) (No. 2) Law, No. 39 of 1978, or who, under any other law for the time being in force, is disqualified from voting at an election of members to any Municipal Council or Urban Council,

(b) a person on whom civic disability had been imposed by a resolution passed by Parliament in terms of Article 81 of the Constitution, and the period specified in such resolution had not expired.

(2) No candidate shall engage a person as his canvasser or agent, or to speak on his behalf knowing that such person is

(3) Every person who contravenes the provisions of sub section (1) or subsection (2) shall be guilty of an offence and shall, on conviction before a Magistrate, be liable to a fine not exceeding one thousand rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

(1) Every officer, clerk, candidate, and agent authorized to attend at a polling station, or at the counting of the votes, shall, before so attending make a statutory declaration of secrecy substantially in form M set out in the First Schedule to this Act. Such declaration shall be made by the returning officer in the presence of a Justice of the Peace, and by a presiding officer or a counting officer in the presence of a Justice of the Peace or of the returning officer, and when made by any other person shall be made in the presence of the returning officer or of a Justice of the Peace or of a presiding officer or of a counting officer.

(2) Every officer, clerk, candidate, and agent in attendance at a polling station shall maintain, and aid in maintaining, the secrecy of the voting in such station, and shall not communicate, except for some purpose authorized by law, before the poll is closed, to any person any information as to the name or number on the register of electors of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark.

(3) No such officer, clerk, candidate or agent, and no person whosoever shall attempt to obtain in the polling station information as to the recognized political party or independent group for which any voter in such station is about to vote or has voted, or communicate at any time to any person any such information obtained in a polling station as to the recognized political party or independent group for which any voter in such station is about to vote or has voted, or as to the number on the reverse of the ballot paper given to any voter at such station.

(4) Every officer, clerk, candidate, and agent in attendance at the counting of the votes shall maintain, and aid in maintaining, the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the reverse of any ballot paper or communicate any information obtained at such counting as to the recognized political party or independent group for which any vote is given by any particular ballot paper.

(5) No person, except a presiding officer acting for a purpose authorized by this Act, or a person authorized by the presiding officer and acting for such purpose as aforesaid, shall communicate or attempt to communicate with any voter after such voter has received a ballot paper and before he has placed the same in a ballot box.

(6) Every person who acts in contravention of the provisions of this section shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a tine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months.

(7) Every person who is convicted of an offence under this section shall, by such 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 Act.

(1) Every person who at any election

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

shall be deemed to have voted.

(1) Every person who directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at an election, 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 an 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 and ending on the day following the date of the poll at such election

shall be guilty of the offence of undue influence.

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

in order to induce or compel such member or adherent to vote or retrain from voting for any recognized political party or independent group at an election, or to support or retrain from supporting any political party or independent group at such election, or on account of such member or adherent having voted or refrain a from voting for a recognized political party or independent group it such election, or having supported or ref-rained 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) 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 endeavour to procure, any money or valuable consideration 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 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 his Act;

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

(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 endeavour to procure the return of any person as a member of a Development Council, or the vote of any elector at an election under this Act;

(d) every person who upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement procures or engages, promises or endeavours to procure, the return of any person as a member of a Development Council, or the vote of any elector at an election under this Act;

(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 Act 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 Act, 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 Act, 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 person who directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any recognized political party or 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 or for any office, place or employment or 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 or to refrain from becoming a candidate or to withdraw if he has become a candidate gives or procurer any office, place or employment or agrees to give or procure or offers or promises to procure or to endeavour to procure any 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 endeavour to procure any money or valuable consideration to or for any person or to or for such other person, or to or for any person on behalf of such other person.

(1) Every person who

shall be guilty of a corrupt practice, and shall on conviction. by a Magistrate be liable, in the case referred to in paragraph (a) of this subsection, to rigorous imprisonment for a term not exceeding twelve months, and, in any other case, 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.

(2) Every person who is convicted of a corrupt practice shall, by 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 Act or of being elected as a member of a Development Council, and if at that date he has been elected as a member of a Development Council, his election hall he vacated from the date of such conviciton.

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

(1) Where a corrupt practice is committed in connection with an election under this Act 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 liable, in the case of the offence of personation, to imprisonment for a term not exceeding twelve months, and in any other case, 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. Provided, however, that such candidate shall not be convicted of such corrupt practice under this section consisting of the offence of treating or undue influence committed by any of his, agents if he proves to the Magistrate

(2) Every person who is convicted of a corrupt practice under this section shall, by 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 Act or of being elected as a member of a Development Council, and if at that date 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 Act 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 Act from being prosecuted for a corrupt practice in connection with such election under section 82.

(1) No payment or contract for payment shall, at an Section, be made-

(2) Subject to such exception as may be allowed in pursuance of this Act, 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 Act, 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 development council 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 time of the closure of such poll

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

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

(5) Where at any poll taken in any Development Council area any police officer, either of his own motion or after aft 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 take it to a police station and detain it until the conclusion of the poll

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

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

and such statement is capable of influencing the result of such election, then, every person who at the time of suet publication was tile proprietor, the manager, the editor, the publisher or other similar officer of that newspaper or was purporting to act in such capacity, shall each be guilty of an illegal practice unless such person proves that such publication was made without his consent or connivance, and that he exercised all such diligence to prevent such publication 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.

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

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

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

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

(1) Where an illegal practice is committed in connection with an election under this Act 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 Magistrate

(2) Every person who is convicted of an illegal practice under this section, shall, by conviction, become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Act or of being elected as a member of a Development Council, and if at that date he has been elected as a member of a Development Council, 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 Act 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 Act from being prosecuted for an illegal practice in connection with such election under section 88.

(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 expense 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.

(1) Where any notice is required by this Act to be published and, if in the opinion of the authority who is required to publish such notice, the prescribed mode of publication does not give sufficient publicity to the notice, he may, in addition to publishing the notice as required by this Act, exhibit copies of the notice in conspicuous places within the Development Council area to which the notice relates or take such other steps as he may deem necessary for giving publicity thereto

(2) Every person who, without lawful authority, destroys, mutilates, defaces or removes any notice which is exhibited by any authority under subsection (1) or any document which is made available for inspection in accordance wife this Act shall be guilty of an offence and shall on conviction before a Magistrate be liable to a fine not exceeding fifty rupees.

(1) Any person, being the employer of any other person who is entitled to vote in person at an election, 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 four hours in duration) as that person may deem sufficient to enable such other person to vote in person 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.

(1) Where the Commissioner considers that any premises, other than any school referred to in section 93, 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 sub section (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.

(1) Where any premises are requisitioned under section 100 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

(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 Court of Appeal from that decision.

(a) exercise general direction and supervision over the administrative conduct of elections under this Act;

(b) have power to issue to Deputy and Assistant Com- missioners of Elections, returning officers, presiding officers and other election officers, presiding as he may deem necessary to ensure active execution of the provisions of this Act

(c) execute and perform all other powers and duties which are conferred and imposed upon him by or under this Act.