(1) Where the Commissioner of Elections (hereinafter referred to as the " Commissioner"), is required by the Constitution to conduct the election of the President, he shall by Order published in the Gazette

(2) The date fixed under paragraph (a) or paragraph (b) of subsection (1) shall be any day other than a Full Moon Poya day or any public holiday specified in the First Schedule to the Holidays Act, No. 29 of 1971 ; and if, after the publication of the Order under subsection (1), any day specified therein is declared to be a public holiday, such declaration shall in no way affect the validity of anything done on such day for the purposes of that subsection.

(1) Each electoral district proclaimed under Article 97 of the Constitution shall be deemed to be an electoral district for the purposes of this Act.

(2) Each polling division and 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 division and a polling district for the purposes of this Act.

(1) Within two weeks from the date of nomination, the Commissioner shall cause to be published in the Gazette a notice specifying the situation of the polling station or stations for each of the polling districts in each electoral district and the particular polling station, if any, reserved for female voters.

(2) Unless the Commissioner considers it necessary or expedient, in the special circumstances of any case, to provide 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.

(3) The polling station or stations for each polling district shall be situated within such polling district save where the Commissioner 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.

(4) 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 Commissioner may cause the situation of that polling station to be altered in such manner as he may, in his absolute discretion, determine.

(1) The Commissioner, as occasion may require, shall by notice in the Gazette, appoint by name or by office a person to be the returning officer of each electoral district, and may appoint by name or by office one or more persons to assist the returning officer in the performance of his duties. A person so appointed to assist the 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.

(2) An appointment made by the Commissioner under subsection (1) may be revoked by him at any time.

(3) 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 be appointed by the Commissioner, the returning officer may appoint by name or by office, any person 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 person.

(1) A candidate or some person on his behalf shall deposit, or cause to be deposited, with the Commissioner or with any person authorized by the Commissioner in that behalf between the date of the publication of the Order under section 2 and before twelve noon on the day before the date of nomination

(2) No deposit made by a candidate or any other person on his behalf shall be accepted unless it is made within the time prescribed by subsection (1).

(3) Where the deposit under this section is accepted by the Commissioner or any person authorized by him under subsection (1), the Commissioner or such person shall forthwith issue to the person by whom the deposit was made a receipt in writing signed by him acknowledging his acceptance of such deposit, and the receipt shall state

(1) Every deposit made under section 8 shall forthwith be credited to a deposit account and shall be disposed of according to the provisions of the subsections (2), (3) and (4).

(2) Where the nomination paper of a candidate is rejected under the provisions of section 14 or section 15 the deposit shall be returned to the person who made the deposit.

(3) Where the number of votes polled by any candidate does not exceed one-eighth of the total number of votes polled at the election, the deposit made in respect of such candidate shall be declared forfeit and shall be transferred by the Commissioner 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 shall be deemed to be the number of votes actually counted and shall not include any votes rejected as void or any second preference or third preferences.

(1) Where the Commissioner has reasonable cause to believe that difficulties may arise at an election under this Act, 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, determine in his absolute discretion that such recognized political party is either any one such section or none of such sections.

(2) No suit or other proceeding shall lie against

(3) A determination under subsection (1) shall be final and shall not be called in question in any court.

(4) The preceding provisions of this section and any determination thereunder shall have effect notwithstanding anything to the contrary in any other provisions of this Act or of any other written law.

(1) No candidate shall be nominated by means of more than three separate nomination papers.

(2) Every nomination paper shall be substantially in form A set out in the First Schedule to this Act.

(3)

(4) The signature of the person signing any nomination paper shall be attested by a Justice of the Peace or by a notary public.

(5) The written consent of each candidate to be nominated shall be endorsed on the nomination paper.

(6) No person shall sign the nomination paper or papers in respect of more than one candidate, and if he does so, his signature shall be operative only in the case of the nomination paper or papers which were first delivered.

(1) Each nomination paper shall be delivered to the Commissioner at the place of nomination on the date of nomination between the hours of 8 a.m. and 11 a.m. by the candidate or the person who has signed his nomination paper-

(2) The Commissioner shall as soon as practicable make a copy of each nomination paper received by him and display such copy on his notice-board outside the place of nomination.

(3) The Commissioner shall on application made before the expiry of the time fixed for nominations under subsection (1) supply free of charge a nomination paper to any person ; but nothing in this Act shall be deemed to preclude the use of any form of nomination paper not supplied by the Commissioner, so long as such form does not differ substantially from form A set out in the First Schedule to this Act.

(4)

(1) Objection may be made to the nomination papers of a candidate by any rival candidate or the person who has signed the nomination paper of such rival candidate on the ground

(2) No objection to a nomination paper shall be allowed unless it is made to the Commissioner between 8 a.m. and 11.30 a.m. on the day of nomination.

(3) Every objection shall be in writing signed by the objector and shall specify the ground of objection.

(4) The Commissioner shall, with the least possible delay, decide on the validity of every objection taken on the ground referred to in paragraph (a) of subsection (1), and inform the candidate concerned of his decision, and of the grounds therefor if such decision allows the objection.

(5) The decision of the Commissioner if disallowing the objection taken on the ground referred to in paragraph (a) of subsection (1) shall be final; but if allowing such objection shall be subject to reversal on an election petition.

(6) The Commissioner shall refer any objection taken on any ground referred to in paragraph (b) or paragraph (c) of subsection (1) for the decision of the Supreme Court.

(7) Every reference under subsection (6) on any objection taken to the nomination of the candidate concerned

If there is no decision by the Supreme Court on the reference within the period referred to in paragraph (e) of this subsection, the reference shall, for the purposes of this Act, be deemed to have abated, but may be taken by way of an election petition.

(8) Where the Commissioner is required by subsection (6) to refer any objection taken under paragraph (b) or para graph (c) of subsection (1) to the nomination of the candidate concerned for the decision of the Supreme Court, such candidate shall for the purposes of this Act, be a candidate who stands nominated on the day of nomination and shall cease to be a candidate so nominated if, but only if, a decision if any, of that Court allows the objection. The Commissioner shall so act under this Act as to give force and effect to the preceding provisions of this subsection.

(9) The provisions of subsections (6) and (8) shall not apply in the event of the Commissioner allowing any objection against a candidate concerned on the ground referred to in paragraph (a) of subsection (1).

(1) The Commissioner shall as soon as practicable after a nomination paper has been delivered to him, examine the nomination paper and reject any nomination paper

(2) Where any nomination paper has been rejected by the Commissioner under subsection (1), he shall inform the candidate or the person who had delivered such nomination paper the fact of such rejection. The decision of the Commissioner to reject such nomination paper on any of the grounds set out in paragraphs (a) to (d) of subsection (1) shall be final.

(1) Where after the expiry of the time fixed for the delivery of a nomination paper and the time during which objection may be made to a nomination paper and the rejection of a nomination paper or papers only one candidate stands nominated for election, then such candidate shall be declared elected to the office of President.

(2) The Commissioner shall forthwith cause the name of the candidate so declared elected to be published in the Gazette.

(1) If more than one candidate stands duly nominated for election, the Commissioner shall forthwith allot

(2) The approved symbol of any recognized political party shall not, whether or not such party is contesting on election, be allotted under paragraph (b) of subsection (1) to any other candidate.

(3) Where a candidate is nominated, he may, forthwith after the approved symbol is allotted to him under subsection (1), in writing under his hand indicate which of his names mentioned in the nomination paper he desires should be omitted and which should be specified by initial only ; and for the purposes of the election, the names which the candidate desires to omit may be omitted and initials may be used in place of those names which he desires should be specified by initials.

(4) After the allotting of symbols under subsection (1) and the proceedings under subsection (3) the Commissioner shall forthwith adjourn such election to enable a poll to be taken in accordance with the provisions here in after set, out,.

(a) that the election is contested ;

(b) the date on which the poll will be taken and the hours of the poll ; and

(c) the names of the candidates in the order in which such names will be printed on the ballot papers, the symbol allotted to each candidate, and

(1) If, after the adjournment of an election for a poll to be taken, a candidate nominated by a recognized political party or any other political party dies before the poll has commenced, the Commissioner shall, upon being satisfied of the fact of such death, direct the secretary of any such party to nominate another candidate in place of the deceased candidate within three days of such direction. Such nomination shall be substantially in form A set out in the First Schedule to this Act.

(2) The Commissioner shall, upon receipt of such nomination, forthwith publish a notice in the Gazette stating the fact of such death and that the poll shall be taken as specified in the notice under section 21 as if the name of the candidate nominated under subsection (1) were substituted in place of the deceased candidate in the ballot papers and in all other documents relating to the election.

(3)The provisions of subsections (1) and (2) shall not apply to and in relation to the death of a candidate nominated by an elector, and the poll shall be taken as specified in the notice under section 21, notwithstanding the death of such candidate-

(1) A person who is entitled under this section to be treated as a postal voter for the purpose of an election under this Act may vote by post, and shall not vote in person, at such election. Any person who votes in person at an 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 for the purpose of an election may be made

(3) An application to be treated as a postal voter for the purpose of an election shall be made to the returning officer of the electoral district where such applicant is registered as an elector so as to reach him within ten days from the date of publication of the Order under section 2. Such application shall be substantially in the form prescribed for the purpose by the regulations contained in the Second Schedule to this Act.

(4) No application to be treated as a postal voter for the purpose of an election shall be allowed by the 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 us may be necessary for that purpose.

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

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

(9) The returning officer of an electoral district shall, as soon as practicable, send by post to each person who is entitled to be treated as a postal voter for the purpose of an election, 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 for the purpose of an election 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 for the purpose of an election is in this Act referred to as a " postal ballot paper ".

(12) The returning officer of any electoral district 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 for the purpose of an election. 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 for any electoral district shall send to each elector whose name appears in the register for that electoral district 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 entitled to be treated as a postal voter.

(2) An official poll card under subsection (1) shall be so 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 electoral district. 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, the returning officer of an electoral district 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 an election 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 B set out in the First Schedule to this Act, and

(1) On or before the day of nomination a person shall be appointed in writing by or on behalf of each candidate as his agent for such election and such person is in this Act referred to as the election agent. In the event of no such appointment being made by or on behalf of such candidate on or before that day, such candidate shall be deemed to have appointed himself as his election agent.

(2) A candidate may appoint himself as his election agent, and thereupon shall, so far as circumstances admit, be subject to the provisions of this Act, both as a candidate and as an election agent, and any reference in this Act to an election agent shall be construed to refer to the candidate acting in his capacity as election agent.

(3) Each candidate or some other person on his behalf shall forthwith, after his election agent has been appointed under subsection (1), declare in writing the name and address of such agent to the Commissioner, and the Commissioner shall forthwith, by affixing a notice in a conspicuous place outside his office, give public notification of the name and address of every election agent so declared.

(4) One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate himself for not, may be revoked and in the event of such revocation or of his death, whether such event is before, during or after the election, then forthwith another election agent shall be appointed, and his name and address declared in writing to the Commissioner who shall forthwith give public notice of the same in the manner aforesaid.

In the event of another election agent not being so appointed, the candidate shall, except in the case where the election agent who has died is the candidate himself, be deemed to have appointed himself as his election agent in place of the agent whose appointment was revoked or the agent who died.

(1) Each election agent may appoint not more than one authorized agent in respect of each electoral district. The name and address of each such authorized agent shall be notified by the election agent in writing to the returning officer of that electoral district within one week from the date of nomination. In the event of no appointment being made as aforesaid, such election agent shall be deemed to have appointed himself as his authorized agent.

(2) An authorized agent referred to in subsection (1), may appoint not more than one divisional agent in respect of each polling division within that electoral district. The name and address of each such divisional agent shall be notified by the authorized agent in writing to the returning officer of that district within two weeks from the date of nomination. In the event of no appointment being made as aforesaid, such authorized agent shall be deemed to have appointed himself as the divisional agent.

(3)

(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 candidates, election agents, authorized agents, divisional agents and polling agents, and 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)

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

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

(2) The provisions 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 any 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 substantialy in form C set out in 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)

Such list is in this Act called the " list of voters to whom ballot papers are not delivered under section 36."

(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 to vote, of the polling agents, if present, the method of voting specified in the directions specified in the Third Schedule to this Act bat 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 candidate.

(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 specified 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 electoral district or asks for a ballot paper for the purpose of so voting ; or

(b) votes more than once in the same electoral district or asks for a ballot paper for the purpose of so voting,

(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 the forms D, 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.

(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 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 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 Act relating to a counting officer shall apply to such returning officer.

(1) Each authorized agent may appoint not more than five agents (hereinafter referred to as " counting agents ") to attend at the counting of the votes at each counting centre before the votes are counted.

(2) Notice in writing of the appointments made under subsection (1), stating the names and addresses of the persons appointed shall be given by such authorized agent 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 has 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) For the purpose of this section. the counting officer shall not count

(6) The counting officer shall not count the tendered ballot papers but shall place them in separate packets according to the candidates and shall mark each packet with the name of the candidate, and hand over such packets to the returning officer. For the purpose of this subsection the second and third preferences cast in favour of any candidate shall not be taken into account.

(7) 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 marl: made on a ballot paper clearly indicates the intention of the voter to give his vote to any candidate or to specify if he has so desired his second or his second and third preferences in favour of any candidate, 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 specified in the Third Schedule to this Act for the guidance of voters.

(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 cast in favour of each candidate not taking into account the second or third preferences in favour of any candidate and such statement shall be certified by the counting officer and witnessed by one of his assistants and the agents of any candidate 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 ballot papers counted in favour of each candidate with the name of such candidate on each packet;

(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 candidate.

(1) After the receipt of the documents referred to in section 53, the returning officer shall from the statements under subsection (7) of section 51 furnished to him by all the counting officers, (including the counting officers at the counting centres where postal ballot papers were counted) add and ascertain the number of votes cast in favour of each candidate in that electoral district and prepare a statement in words as well as in figures to that effect. Such statement shall be witnessed by one of his assistants and the authorized agent of any candidate as may be present and desires to sign. The returning officer shall on request allow any authorized agent to copy the statement.

(2) The returning officer shall forthwith transmit the statement referred to in subsection (1) to the Commissioner.

(3) No person other than the returning officer, his assistants and clerks, authorized agents and one other person selected by each authorized agent shall be entitled to be present at the proceedings under this section.

(1) The Commissioner shall forthwith ascertain from the statements under section 55 furnished to him by all the returning officers whether any candidate has received more than one-half of the valid votes cast at the election.

(2) Where any candidate has received more than one-half of the valid votes cast, the Commissioner shall forthwith declare such candidate elected to the office of President.

(1) Where no candidate has received more than one half of the valid votes cast at the election, the Commissioner shall

(2) For the purposes of subsection (i)

(1) Upon the receipt of a direction under section 57, the returning officer shall direct the counting officers to break the seals only of the packets in which the votes cast in favour of the candidates eliminated from the contest have been sealed, and to comply with the directions given under section 57.

(2) The counting officer shall endorse the words "not counted" on any ballot paper not counted by him under section 57 (2). Before deciding not to count a ballot paper under the provisions of that section, the counting officer shall show it to each counting agent, if present, and hear his views thereon.

(1) The counting officer shall upon the conclusion of the count under section 58, prepare a statement in words as well as in figures showing the second preference or the second and third preferences counted as a vote in favour of each of the remaining two candidates.

(2) The statement referred to in subsection (1) shall be certified by him and witnessed by one of his assistants and by any of the counting agents as are present and desire to sign and thereafter such statement shall be forwarded to the returning officer. The counting officer shall on request, allow any counting agent to copy the statement.

(3) Before the counting officer makes a written statement under subsection (1) 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.

(4) Upon the conclusion of the count under section 58 the counting officer shall forthwith seal the ballot papers counted and forward the sealed packets to the returning officer.

(5) The provisions of section 50 (7) shall apply to proceedings under section 58 and this section.

(1) Notwithstanding anything in this Act

(2) The provisions of this Act shall, mutatis mutandis, apply to, and in relation to, the fresh dates of nomination and election referred to in subsection (1).

(1) Where an equality is found to exist between the votes received by two candidates, and the addition of one vote would determine which candidate would be declared President under this Act, the determination of the candidate to whom such additional vote shall be deemed to have been given for the purpose of such determination shall be made by lot by the Commissioner in such manner as he may, in his absolute discretion, determine, and he shall forthwith declare such candidate elected to the office of President.

(2) Where an equality is found to exist between votes received by two or more candidates and the addition of one vote would determine which candidate is not to be eliminated under this Act, then the determination of the candidate to whom such additional vote shall be deemed to have been given for the purpose of such determination shall be made by lot by the Commissioner in such manner as he may, in his absolute discretion, determine.

(1) The Commissioner shall, before he declares the results of an election under section 56 or section 61 or section 63 notify the candidates and the election agents the time and place at which the result will be declared.

(2) The name of the candidate declared elected as President under section 56 or section 61 or section 63 shall be published in the Gazette.

(3) No person other than the Commissioner, his assistants and clerks, the candidates, their election agents and one other person selected by each candidate shall be entitled to be present at the proceedings under section 56 or section 61 or section 63.

(1) The returning officer shall retain the packets and all documents forwarded to him under sections 53, 55 and 59, 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) A Judge of the Supreme Court 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 Judge may deem expedient, but shall not make such an order unless he is satisfied that such inspection, copy or production is required for the purpose of instituting or maintaining a prosecution or an election petition 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

(a) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the Commissioner 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 anything 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 of 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 purpose 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 in 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 an 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.

(1) No person shall canvass for, or act as agent of or speak on behalf of, a candidate, or in any way participate in an election, if such person is a person on whom civic disability has been imposed by a resolution passed by Parliament in terms of Article 81 of the Constitution, and the period of such civic disability specified in such resolution has not expired.

(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 is taken at a polling station, do any of the following acts within the precincts, or a distance of a 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

(3) 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.

(a) shall, at any time during the period commencing on the day of nomination and ending one week after the date on which the result of the poll taken at such election is declared by the Commissioner 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) of this subsection, 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 or marking instrument, as well as the property in the counterfoil of any ballot paper, may be stated to be in the Commissioner or the returning officer, as the case may be.

(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 a candidate at an election, or is the agent of such candidate, shall not have

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

(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 purposes of this section, 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 electoral district, in which that office is situated, before such office is established.

(1) During the period commencing from the day of nomination 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 the 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 fine and imprisonment.

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

(4) Every offence under this section shall be a cognizable offence within the meaning of the Code of Criminal Procedure Act, 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 any handbill, placard, poster, notice, photograph of a candidate, symbol, sign, draw ins, flag or banner used in such contravention.

(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 the form K 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 candidate for whom any voter in such station is about to vote or has voted, or communicate at any time to any person any such information obtain ed in a polling station as to the candidate for whom 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 candidate for whom 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 afore said, 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 fine 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 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 an election

shall be guilty of the offence of personation which shall be a cognizable 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

(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 under this Act, 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 day of nomination and ending on the day following the date of the poll at such election

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

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

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

in order to induce or compel such other person to vote or refrain from voting for any candidate at an election under this Act, or to support or refrain from supporting any candidate at such election, or on account of such other person having voted or refrained from voting for any candidate at such election, or having supported or refrained from supporting any candidate at such election, shall be guilty of the offence of undue influence.

(a) every person who directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to 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 this 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 any 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 election of any person to the office of President, 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 election of any person to the office of President, 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 candidate at an election, or on account of and as payment for his having assisted or agreed to assist any candidate at an election, applies to such candidate 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 procures 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 the High Court 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 an election under this Act or of being elected to the office of President.

(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 to the office of President at such election or with his knowledge or consent or by any of his agents, such candidate shall on conviction by the High Court be 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 High Court

(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 to the office of President.

(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 to the office of President at such election

(4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected to the office of President at an election under this Act from being prosecuted for a corrupt practice in connection with such election under section 80.

(1) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at an election under this Act, 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, during the period commencing one hour before the time of the opening of the poll at an election and ending one hour after the time of the closure of such poll

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

(5) Where at any poll taken in any electoral district 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 take it to a police station and detain it therein until the conclusion of the poll.

(6) The High Court 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 connexion with the commission of such practice shall be forfeited to the Republic

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

and such statement is capable of influencing the result of such election, then, every person who at the time of such publication was the 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 or procuring the election of a candidate at an election under this Act, 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 the High Court be liable to a fine not exceeding three hundred rupees and 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

(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 to the office of President 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.

(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 to the office of President at such election

(4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected to the office of President at an election under this Act from being prosecuted for ass illegal practice in connection with such election under section 86.

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

(b) that such candidate and his agents 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 trival, 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,

(a) that any act or omission of a candidate at an election under this Act or of his agents or of any other agent or person, would, by reason of being a payment, engagement, employment, or contract in contravention of this Act or of otherwise being in contravention of any of the provisions of this Act, 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 Court, after giving the candidates, and any elector 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 Act of the said act or omission, the Court may make an order allowing such act or omission to be an exception from the provisions of this Act 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 Act of the said act or omission.

(a) that by reason of general bribery, general treating, or general intimidation, or other misconduct, or other circumstances, whether similar to those before enumerated or not, the majority of electors were or may have been prevented from electing the candidate whom they preferred;

(b) noncompliance with the provisions of this Act 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 affected the result of the election;

(c) that a corrupt practice or illegal practice was committed in connection with the election by the candidate or with his knowledge or consent or by any agent of the candidate ;

(d) that the candidate personally engaged a person, as a 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 Ceylon (Parliamentary Elections) Order in Council, 1946, or the law relating to the election of Members of Parliament. or the law relating to Referenda, or under this Act;

(e) that the candidate personally engaged a person, as a canvasser or agent or to speak on his behalf, knowing that such person had been 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 of such civic disability specified in such resolution had not expired;

(f) that the candidate was at the time of his election a person disqualified for election to the office of President.

(a) a person who was a candidate at an election under this Act and claims to have had a right to be returned or elected at such election ;

(b) any person who signed the nomination paper or papers of any candidate referred to in paragraph (a)

(a) a declaration that the election is void ;

(b) a declaration that the return of the person elected was undue;

(c) a declaration that any candidate was duly elected and ought to have been returned;

(d) where the office of President is claimed for an unsuccessful candidate on the ground that he had a majority of lawful votes, a scrutiny.

(1) A petitioner shall join as respondent to his election petition

(2) Any candidate not already a respondent to an election petition shall, upon application in that behalf made by him to the Supreme Court, 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 Supreme Court may determine.

(a) shall state the right of the petitioner to petition within section 93 ;

(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 at illegal practice that the petitioner alleges, including; as full a statement as possible of 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 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 some specified person should be declared duly returned or elected, or that the election should be declared void, or as the case may be, and shall be signed by all the petitioners :

Provided, however, that nothing in the preceding provisions of this section shall be deemed or construed to require evidence to be stated in the petition

(1) The Supreme Court may, upon such terms as to costs or otherwise as the Court 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 the opinion of the Court be necessary for ensuring a fair or effective trial of the petition so, however, that the Court shall not allow such amendment or amplification if it will result in the introduction of particulars of any corrupt or illegal practice not previously alleged in the petition.

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

(a) whether any corrupt or illegal practice has or has not been proved to have been committed by 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 :

(1) Upon the transmission to the Commissioner of the certificate of the determination of the Supreme Court as required by section 100, the determination shall take effect and accordingly

(2)

(3) It shall be the duty of every registering officer forthwith to peruse every such report which is published in the Gazette as provided in subsection (2), 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.

(1) Every election petition 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 practice and specifically alleging a payment of money or other act to have been made or done since the date aforesaid by the person whose election is questioned or by an agent of such person or with the privity of such person or his authorized agent in pursuance or in furtherance of such corrupt practice may, so far as respects such corrupt 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 a Judge of the Supreme Court within the time within which an election petition questioning the return or the election upon that ground may be presented.

(1) On a scrutiny at the trial of an election petition the following votes only shall be struck off, namely :

(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 vote shall, on the application of any party to the petition, be added to the poll.

(1) Subject to the provisions of this section the procedure and practice on election petitions shall, until Parliament otherwise provides, be regulated by the rules contained in the Fourth Schedule to this Act.

(2) If any matter of procedure or practice on an election petition shall arise which is not provided for by this Act or by such rules or by any Act of Parliament such matter shall be dealt with in such manner as the Chief Justice shall direct.

(a) exercise general direction and supervision over the administrative conduct of an election to the office of President;

(b) have power to issue to Deputy and Assistant Commissioners of Elections, returning officers, presiding officers, counting officers and other election officers such directions as he may deem necessary to ensure effective execution of the provisions of this Act;

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

(1) Where any notice is required by this Act to be published and, 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 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 with 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) The 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) The returning officer shall make good any damage done to, and defray any expense incurred by the person having control over, any such school or portion thereof as aforesaid by reason of its being used as a polling station.

(1) Where the Commissioner considers that any premises, other than any school referred to in section 111, 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.

(1) Where any premises are requisitioned under section 112, 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.

(1) Subject to the provisions of subsection (2) of this section, a person who is nominated as a candidate at an election shall, at any time between the day of nomination and the day which is the seventh day before the day of the poll to be taken at such election, be entitled to send free of any charge for postage to each elector whose name appears in the register of electors for any electoral district one postal communication by ordinary post containing matter relating to such election only.

(2) The right to send a postal communication conferred on a person by subsection (1) shall be subject to the following conditions, and if any such condition is not complied with, such communication may be rejected by the Postmaster-General or any person acting under his authority

(1) Each candidate shall, subject to such conditions as may be determined by the Director-General of Broad casting, upon application made in that behalf within one week from the date of nomination, be entitled to the use of broadcasting facilities during the period commencing from the day after the last date fixed for making such application and ending seventy-two hours prior to the commencement of the poll.

(2) In the allocation of broadcasting time during the period referred to in subsection (1) to any candidate who makes an application in that behalf, the Director-General of Broadcasting shall ensure that each such candidate shall be permitted to use

(3) Where two or more candidates agree to debate on any matter of national importance, it shall be the duty of the Director-General of Broadcasting to afford broadcasting facilities to such candidates so however that the time permitted for such debate shall not exceed the time allotted to each such candidate under subsection (2).

(4) The order in which each candidate shall use the broadcasting facilities shall be determined

(5) No candidate shall, save and except as provided in this section, directly or indirectly use broadcasting facilities for the purpose of promoting his own election.

(1) The Commissioner may make regulations amending, modifying, revoking or replacing the regulations, set out in the Second Schedule to this Act.

(2) The First Schedule to this Act may be amended, varied, or replaced by rules made by the Commissioner.

(3) No regulation or rule made by the Commissioner under this section shall come into force until it has been approved by Parliament, and notification of such approval is published in the Gazette. Every such regulation or rule shall, upon its coming into force, be as Valid and effectual as though it were herein enacted.