PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Lanka/srilankaelectact.pdf ·...

PARLIAMENT OF THE DEMOCRATICSOCIALIST REPUBLIC OF

SRI LANKA

LOCAL AUTHORITIES ELECTIONS(AMENDMENT)

ACT, No. 22 OF 2012

Printed on the Order of Government

[Certified on 15th November, 2012]

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA

TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5

Price : Rs. 38.00 Postage : Rs. 25.00

Published as a Supplement to Part II of the Gazette of the DemocraticSocialist Republic of Sri Lanka of November 16, 2012

1Local Authorities Elections (Amendment)Act, No. 22 of 2012

Short title anddate ofoperation.

[Certified on 15th November, 2012]

L.D.—O. 54/2007.

AN ACT TO AMEND THE LOCAL AUTHORITIES ELECTIONS ORDINANCE

BE it enacted by the Parliament of the Democratic SocialistRepublic of Sri Lanka as follows :—

1. (1) This Act may be cited as the Local AuthoritiesElections (Amendment) Act, No. 22 of 2012.

(2) The provisions of sections 3A, 3B, 3c, 3D and 3E of thisAct, shall come into operation on the date of commencementof this Act.

(3) The provisions of all other sections of this Act, otherthan the section referred to in subsection (2) shall come intooperation on such date as the Minister may appoint by Orderpublished in the Gazette.

2. The following new Part is hereby insertedimmediately after section 3 of the Local Authorities ElectionsOrdinance (chapter 262) as last amended by Act, No. 14 of2004 (hereinafter referred to as the “principal enactment”)and shall have effect as Part I of that enactment :—

“PART I

ESTABLISHMENT OF A NATIONAL DELIMITATION COMMITTEE

3A. (1) The Minister shall, upon the cominginto operation of this section, by Orderpublished in the Gazette, establish a NationalDelimitation Committee (in this Part referredto as the “National Committee”) which shallconsist of five persons to be appointed by theMinister, one of whom shall be nominated byhim to be the Chairman of the NationalCommittee.

Establishmentof a NationalDelimitationCommittee.

2—PL 005293—4190 (10/2010)

Insertion of newpart I to theChapter 262.

Local Authorities Elections (Amendment)Act, No. 22 of 2012

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(2) In the event of any vacancy occurring inthe membership of the National Committeeduring their term of office, the Minister shallappoint another person to fill in such vacancy.

(3) The quorum, for any meeting of theNational Committee shall be three membersand its Chairman shall preside at all meetingsof such Committee. In the absence of theChairman from any meeting of the NationalCommittee, the members present at the meetingshall nominate a member from amongthemselves to preside at such meeting.

(4) Subject to the provisions of subsection(3) of this section, the National Committee mayregulate the procedure in regard to the conductof its meetings and the transaction of businessat such meetings.

3B. (1) The mandate of the NationalCommittee shall be to make recommendationsto the Minister for the division of each localauthority area into wards, taking intoconsideration the requirements set out insubsection (2) and to determine the boundariesof each ward and assign a name and a numberto each such ward.

(2) The National Committee shall, inmaking its recommendation for the division ofa local authority area into wards, take intoconsideration:—

(a) the ratio of the ethnic composition ofthe local authority area concerned, andthe need to ensure representation on thebasis of ethnic ratio;

The mandateof theNationalCommitteeand thereports to besubmitted.


(b) the geographical area of the localauthority and its physical features;

(c) the population of the local authorityarea and the density of such population;and

(d) the level of ecnomic development ofthe local authority area.

(3) Where the National Committee is of theview that having taken into consideration therequirements specified in subsection (2), it isappropriate to create a ward which shall beentitled to return more than one member, theNational Committee shall recommend thecreation of a multi member ward or wards, asthe case may be, for any local authority area.

(4) The proceedings of the NationalCommittee shall be conducted in such manneras shall be prescribed.

(5) The National Committee establishedunder section 3A shall be required to fulfill itsmandate by such date as shall be determinedby the Minister and on the completion ofsuch mandate, submit a report on itsrecommendations to the Minister.

3C.(1) Upon the receipt of the report on therecommendations of the National Committee,the Minister shall forthwith submit such reporton the recommendation to the President.

(2) Upon the receipt of such report on therecommendations, the President shall by Orderpublished in the Gazette, publish the number

Order to bepublished ofallboundaries,names andnumbers orletters ofeach wardcreated foreach localauthority.


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of wards, the boundaries, names, numberalphabetical letter in English assigned to eachward so created on the recommendations madeby the National Committee in respect of eachlocal authority. Where the National Committeehas recommended the creation of multi memberwards, the name and the number or thealphabetical letter assigned to each such multimember ward, the name of the respective localauthority and the total number of members tobe elected to each such multi member ward,shall also be so specified.

3D. (1) The Minister may cause an alterationto be made to the boundaries of the wards aspublished in the Order made under section 3C.Further the alterations shall be made on therecommendations of a Committee consistingof five persons appointed by the Minister andthe requirements specified in section 3B shallapply to and in respect of any such alterationsbeing made.

(2) The new boundaries, names, numbersor letters of each ward boundaries of which arealtered under subsection (1), shall be publishedin the Gazette by the Minister and take effectin respect of an election held under thisOrdinance immediately after such alterationsare effected.

3E. (1) For the purpose of assisting aNational Committe in fulfilling its mandate,the Minister shall appoint a DelimitationCommittee at each district level, (hereinafterreferred to as a “District Committee”) which

Establishmentof DistrictDelimitationCommitteesat districtlevels.

Minister toalter theboundaries ofany ward.


shall consist of the District Secretary of therelevant district who shall be the Chairman ofsuch District Committee and the followingmembers to be appointed by the Minsister:—

(a) a representative of the Department ofElections;

(b) a representative of the ProvincialMinistry of Local Government of theProvincial Council within which suchdistrict is situated;

(c) a representative of the Survey-General’s Department;

(d) a representative of the Department ofCensus and Statistics; and

(e) a public officer nominated by theMinister.

(2) A District Committee shall carry outsuch functions as may be assigned to it by theNational Committee and shall act under thedirection and the supervision of such NationalCommittee.

(3) The provisions of subsection (3) and(4) of section 3A shall mutatis mutandis applyto and in regard to the conduct of meetings ofDistrict Committee.”.

3. The heading “PART I” appearing immediately aftersection 3 of the principal enactment, is hereby repealed and

the heading “Part 1A” is substituted therefor.

Part I of theprincipalenactment to berenumbered asPart IA.


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4. Section 4 of the principal enactment is herebyamended by the repeal of subsection (1) of that section, andthe substitution therefor of the following subsection :—

“(1) The Commissioner may appoint by name orby office for each district in Sri Lanka, a fit and properperson to be or to act as district returning officer andone other person to be or to act as the returning officerfor each of the local authority area or of any particularlocal authority, as the case may be, in a district, andsuch number of other persons as may become necessaryto be or to act as assistant returning officers for thatdistrict.”.

5. Section 5 of the principal enactment is herebyamended by the repeal of subsection (2) of that section andthe substitution therefor of the following subsection:—

“(2) Subject to the general supervision and controlof the Commissioner, each assistant returning officerand assistant elections officer may exercise or performthe powers or duties conferred or imposed by thisOrdinance upon an election officer.”.

6. Section 7 of the principal enactment as amended byLaw, No. 24 of 1977 is hereby further amended in paragraph(b) of subsection (1) of that section, by the substitution forthe words “resident in any electoral area”, of the words“resident in any ward”.

7. Section 9 of the principal enactment as last amendedby Act, No. 25 of 1990 is hereby further amended insubsection (1) of that section, as follows:—

(1) in paragraph (d) of that subsection —

(i) by the substitution in sub-paragraph (v) (A) ofthat paragraph, for the words “created prior toNovember 18, 1970, the initial salary scale of

Amendment ofsection 9 of theprincipalenactment.





which was on November 18, 1970, not lessthan Rs. 6,720 per annum”, of the words“created prior to June 01, 2007, the initialsalary scale of which was on January 01, 2007,not less than Rs. 2,27,280 per annum”;

(ii) by the substitution in sub-paragraph (v) (B) ofthat paragraph, for the words “created afterNovember 18, 1970”, of the words “createdafter June 01, 2007,”;

(iii) by the substitution in sub-paragraph (vi) (A)of that paragraph, for the words “created priorto November 18, 1970, the initial salary scaleof which was, on November 18, 1970, not lessthan Rs. 7,200 per annum”, of the words“created prior to January 01, 2009, the initialsalary scale of which was, on January 01, 2009,not less than Rs. 2,46,300 per annum”; and

(iv) by the substitution in sub-paragraph (vi) (B)of that paragraph, for the words “created afterNovember 18, 1970,” of the words “createdafter January 01, 2009,”;

(2) by the repeal of paragraph (i) of that subsection,and the substitution therefor of the followingparagraph :—

“(i) is serving or has during the period of sevenyears immediately preceding, completedserving a sentence of imprisonment for anoffence punishable with imprisonment for aterm exceeding twelve months or is under asentence of death or is serving or has duringthe period of seven years immediatelypreceding, completed serving a sentence of


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imprisonment awarded in lieu of execution ofa sentence of death ; or”; and

(3) in the proviso to paragraph (j) of that subsection :—

(i) by the substitution in paragraph (i) of thatproviso, for the words “a post created prior toNovember 18, 1970, less than Rs. 6,720 perannum” of the words “a post created prior toJune 01, 2007, less than Rs. 2,27,280per annum”; and

(ii) by the substitution in paragraph (ii) of thatproviso, for the words “created after November18, 1970,”, of the words “created after June01, 2007.”.

8. Section 12 of the principal enactment is herebyamended as follows:—

(1) in subsection (1) of that section, by the additionimmediately after the proviso to that section of thefollowing:—

"Provided further,

(i) each ward of a local authority shall bedeemedto be a polling area for the purposesof an election to that local authority; and

(ii) each ward shall be identified by a name andanalphabetical letter in English.;

(2) by the repeal of subsection (2) of that section andthe substitution therefor, of the followingsubsection :—

“(2) The district returning officer shall—

(a) divide the polling area of a localauthority, into one or more polling



districts in accordance with directionsas may be issued by the Commissioner;

(b) assign to each polling district adistinguishing letter or letters;

(c) determine with respect to each suchpolling district, the location in whichthe polling station in respect of thatdistrict shall be situated; and

(d) publish in the Gazette, a noticecontaining the particulars referred to inparagraphs (a), (b) and (c) above.”;

(3) by the insertion immediately after subsetion (2) ofthat section, of the following new subsections:—

“(2A) Unless the Commissioner directs, otherwisethe division of a polling area into polling districtsshall be so made, that each polling district at thetime of such division, shall consist of not more thanone thousand five hundred voters.

(2B) Subject to the provisions of subsection (2A),the division of a polling area into polling districtsmay be altered by the district returning officer as theoccasion may require, and upon such alteration beingmade, he shall publish in the Gazette a noticespecifying the particulars referred to in paragraphs(a), (b) and (c) of subsection (2) and the date onwhich such alteration shall come into effect.

(2C) A notice published in the Gazette underparagraph (d) of subsection (2) or undersubsection (3), as the case may be, may be amendedfrom time to time in regard to the particulars referredto in paragraph (c) of subsection (2) which is requiredto be specified in that notice, after notifying to thepublic of the proposed amendments in such manneras the Commissioner may determine, and after


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giving an opportunity to the public for makingrepresentations in regard to the proposedamendments.”; and

(4) by the substitution in subsection (3) of that section,for the words “one polling station and no more.”, ofthe words “not less than one polling station.”.

9. Section 12A of the principal enactment is herebyrepealed and the following section is substituted therefor :—

12A. Where the administrative limits of anylocal authority is altered under any law underwhich such local authority was established orthe boundaries of any ward into which a localauthority area is divided is altered by theMinister under section 3D of this Ordinance,the provisions of section 12 shall mutatismutandis apply to and in relation to such localauthority or ward, as the case may be, whoseadministrative limits or boundaries have beenso altered.”.

10. Section 12B of the principal enactment is herebyamended by the substitution for the words “and certify anelectoral list” and words “correspond to the electoral area”,respectively of the words “and certify an electoral list foreach ward of such electoral area”, and the words “correspondto the respective ward of such electoral area”.

11. Section 12D of the principal enactment is herebyamended by the substitution for the words “electoral list ofany electoral area”, of the words “electoral list of each wardof any electoral area”.

12. Section 12F of the principal enactment is herebyamended by the substitution for the words “alteration of thelimits of the electoral area of any local authority”, of the words“alteration of the limits of any ward or the limits of the electoralarea of any local authority, as the case may be,”.

Amendment ofsection 12D ofthe principalenactment.

Amendment ofsection 12F ofthe principalenactment.

Amendment ofsection 12B ofthe principalenactment.

“Alterationof theadministrativelimits of alocalauthority orof a ward.

Amendment ofsection 12A ofthe principalenactment.


13. Section 16 of the principal enactment is herebyamended by the substitution for the words “electoral list ofany electoral area,”, of the words “electoral lists of the wardsof any electoral area,”.

14. Section 17 of the principal enactment as amendedby Law, No. 24 of 1977 is hereby further amended insubsection (1) of that section, by the substitution for thewords “the electoral list of”, of the words “the electoral listsof the wards”.

15. Section 18 of the principal enactment as amendedby Law, No. 24 of 1977, is hereby further amended asfollows:—

(1) in subsection (1) of that section, by the substitutionfor the words “electoral list of any electoral area,”,of the words “electoral lists of the wards of anyelectoral area,”; and

(2) in subsection (5) of that section, by the substitutionfor the words “electoral list, make such amendmentin the list” of the words “electoral lists, make suchamendments in the lists”.

16. Section 19 of the principal enactment as lastamended by Law, No. 24 of 1977, is hereby further amendedas follows :—

(1) in subsection (1) of that section, by the repeal ofparagraph (a) of that subsection and the substitutiontherefor of the following paragraph :—

“(a) in more than one electoral list, whether ofthe wards of the same electoral area or ofdifferent electoral areas; or”;

(2) in subsection (3) of that section, by the substitutionin paragraph (b) of that subsection, for the words“in which the electoral area”, of the words “in whichthe ward”.






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"Notice ofnominationperiod.

Replacment ofsection 26 of theprincipalenactment.

17. Section 20 of the principal enactment as amendedby Law, No. 24 of 1977, is hereby further amended insubsection (1) of that section, by the substitution for thewords “electoral list of any electoral area”, of the words“electoral lists of the wards of any electoral area,”.

18. Section 22 of the principal enactment is herebyamended by the substitution for the word “list” whereverthat word appears in that section, of the word “lists”.

19. Section 23 of the principal enactment is herebyamended by the substitution for the words “electoral list ofany electoral area,”, of the words “electoral lists of the wardsof any electoral area,”.

20. Section 26 of the principal enactment is herebyrepealed and the following section substituted therefor–

26. Whenever a general election of themembers of a local authority is due to be heldin any year, the returning officer of the districtin which the electoral area of such localauthority is situated, shall publish a notice ofhis intention to hold such election. The noticeshall specify the name of the returning officerwho is appointed to receive nomination papersof the recognized political parties andindependent groups whose candidates arecontesting in each ward of that electoral area,the period (hereinafter referred to as the“nomination period”) and the office hoursduring which nomination papers shall bereceived by the respective returning officerin his office and the place where suchnomination papers shall be so received. Suchnomination period shall commence on thefourteenth day after the date of thepublication of the notice and shall expire attwelve noon on the seventeenth day after thedate of publication of the notice. The noticeshall also specify the date, time and place at

Amendment ofsection 20 ofthe principalenactment.




which the approved symbols shall be allottedand in respect of a local authority area.”.

21. Section 27A of the principal enactment is herebyamended by the repeal of subsections (3), (4) and (5) of thatsection.

22. Section 28 of the principal enactment as lastamended by Act, No. 25 of 1990, is hereby further amendedas follows :—

(1) by the repeal of subsection (1) of that section andthe substitution therefor of the followingsubsection:—

“(1) Any person who is qualified undersection 8 of this Ordinance to be elected as amember of a local authority, may be nominatedas a candidate for election for any ward of theelectoral area of such authority, provided thatno such person shall be nominated as a candidatefor election in respect of more than one ward ofany electoral area of a local authority.”;

(2) by the repeal of subsections (1A) and (1B) of thatsection;

(3) by the repeal of subsection (2) of that section andthe substitution therefor of the followingsubsection :—

“(2) Any recognized political party or anygroup of persons contesting as independentcandidates (hereinafter referred to as an“independent group”) may for the purpose ofelection as members of any local authority,submit one single nomination paper in respectof all the wards of such local authority,substantially in the Form set out in the FirstSchedule, setting out the names:—




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(a) of candidates being nominated in respectof each ward of that local authority andwhich number shall be equivalent to thenumber of members to be elected aselected members in respect of those severalwards; and

(b) of such number of additional persons as isequivalent to thirty per centum of the totalnumber of persons being nominated ascandidates to be elected under paragraph(a), from among whom the members of thatlocal authority who shall be returned undersection 65A of this Ordinance, shall beappointed:

Provided that where the numberconstituting thirty per centum referred toin this paragraph is an integer and fraction,the integer shall be deemed to be thenumber which shall constitute thirty percentum, for the purpose of this paragraph.

The returning officer shall as soon as ispracticable make a copy of each nominaitonpaper received by him and display such copiesof the nomination papers on his notice board.The nomination paper shall be prepared induplicate, with the word “copy” being writtenclearly on the duplicate copy.”.

(4) by the insertion immediately after subsection (2) ofthat section, of the following new subsections :—

“(2A) A nomination paper referred to insubsection (1), shall—

(a) in the case of a recognized political party,be submitted by the secretary or anauthorized agent of such party or the


candidate whose name appears in thenomination paper being submitted andwho is nominated for such purpose by thesecretary; and

(b) in the case of an idependent group, besubmitted by the group leader of theindependent group or his authorized agent,so however the group leader shall at thetime of the deposit of the legal tender withthe returning officer under section 29 ofthe Ordinance nominate a person fromamong the candidates as an authorizedagent.

(2B) Notwithstanding any provision to thecontrary in this Ordinance, twenty-five percentum of the total number of candidates andadditional persons whose names appear in eachnomination paper submitted under subsection(2) of this section, may consist of women andyouth.

(2C) Where the number constituting thetwenty - five per centum, referred to insubsection (2B) is an integer and fraction, theinteger shall be deemed to be the number whichshall constitute twenty five per centum for thepurpose of that subsection.”.

(5) in subsection (4) of that section, by the substitutionfor the words “consent of each candidate to benominated”, of the words “consent of eachcandidate and each person being nominated”;

(6) in subsection (4A) of that section, by the substitutionfor the words “youth candidate”, where ever itappears in that subsection, of the words “youth”;


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(7) by the insertion immediately after subsection (4A)of that section, of the following new subsection:—

“(4B) A declaration of the assets andliabilities under the Declaration of Assets andLiabilities Law, No. 1 of 1975 in the form asprescribed under that Law, shall be required tobe submitted in respect of each candidate andpersons whose names appear in a nominationpaper, within three months of the submission ofsuch nomination paper.”.

23. Section 29 of the principal enactment as lastamended by Act, No. 24 of 1977, is hereby further amendedas follows :—

(1) by the repeal of subsection (1) and subsection (2)of that section, and the substitution therefor of thefollowing subsections :—

“(1) (a) Every recognized political party andindependent group shall, between the date ofthe publication of the notice under section 26and the submission of the nomination paper andin any case not later than twelve noon on theday immediately preceding the end of thenominaiton period, deposit the legal tender withthe returning officer to whom the nominationpaper is to be submitted, a sum of:—

(i) five thousand rupees in respect of eachcandidate and each additional personbeing nominated by a recognized politicalparty; and



(ii) twenty thousand rupees in respect of eachcandidate and each additional personbeing nominated by an independent group.

(b) The deposit the legal tender shall—

(i) in the case of a recongnized politicalparty, be submitted by the secretaryof the recognized political party orhis authorized agent; and

(ii) in the case of an independent group,be submitted by the leader of the

independent group.

(2) No deposit made on behalf of a candidate

under subsection (1) shall be accepted by the

returning officer, unless it is made within the

time specified in that subsection.”;

(2) by the substitution for the marginal note to thatsection, of the following marginal note:—

“Depositsto be madeon behalfcandidates.”.

24. Section 30 of the principal enactment as last

amended by Act, No. 25 of 1990, is hereby further amended

by the repeal of subsection (4) of that section, and the

substitution therefor of the following subsection:—

“(4) Where the candidate of a recognizedpolitical party or independent group on whose



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behalf a deposit was made is not elected and wherethe number of votes polled by such candidatedoes not exceed one-twentieth of the total numberof valid votes polled in the ward in which hecontested, the deposit made on behalf of suchcandidate shall be declared forfeit. The returningofficer with whom it was deposited, shall transfersuch amount from the deposit account to theConsolidated Fund and in every other case thedeposit shall be returned to the candidate whomade the deposit, as soon as may be after theresult of the election is declared :

Provided that, where any recognized politicalparty or independent group fails to obtain morethan one twentieth of the total number of validvotes which contested the election in such localauthority area, the deposit made by each suchrecognized political party or independent group,in respect of all the additional persons whosenames appear in the nomination paper submittedby such recognized political parties orindependent group, shall be declared forfeit andthe provisions of this subsection shall apply inregard to the transfer of such deposit.”.

25. Section 31 of the principal enactment as last

amended by Act, No. 25 of 1990, is hereby further amended

as follows :—

(1) in subsection (1) of that section :—

(a) by the repeal of paragraphs (bb) and (bbb) ofthat subsection; and



(b) by the repeal of paragraph (d) of thatsubsection;

(2) by the addition immediately after subsection (2) ofthat section the following new subsection :—

“(3) Where a candidate or any person whose

name appears on a nomination paper submitted by

a recognized political party or an independent

group, as the case may be, is found to be disqualified

due to the failure of such candidate or person:—

(a) where the candidate or person concerned is a

youth, to have attached to the nomination

paper a certified copy of his Certificate of

Birth or in the event the Certificate of Birth is

not available an affidavit signed by such

youth certifying his date of birth; or

(b) to have his consent which is required to beincluded in such nomination paper to beendorsed on the nomination paper, and tohave annexed to the nomination paper hisoath or affirmation in the form set out in theSeventh Schedule to the Constitution,

the nomination paper so submitted shall not be

rejected, but the name of the candidate or the person

concerned who is found to be disqualified due to

any of the reasons specified in this subsection, shall

be removed from the nomination paper so submitted.

Where a name of any candidate or any person is

removed from a nomination paper, the political


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party or the independent group, as the case may be,which submitted such nomination paper, shall notthereafter be entitled to replace the name so removedwith any other new name and the deposit made inrespect of the candidate or other person whose nameswas removed, shall be forfeited.”.

26. Section 35 of the principal enactment as amendedby Act, No. 25 of 1990, is hereby further amended by therepeal of subsection (1) of that section and the substitutiontherefor of the following subsection:—

“(1) (a) Where in the case of any electoral area,the returning officer finds at the expiry of thenomination period:—

(i) that no nomination paper has been dulyreceived on behalf of any recognizedpolitical party or independent group; or

(ii) that all the nomination papers received byhim have been rejected or that the names ofall the candidates appearing in suchnomination paper have been removed fromsuch nonination paper in terms of subsection(3) of section 31, as the case may be,

the returning officer shall forthwith report to theelections officer of the district in which the area issituated the fact that no nomination papers havebeen received, or that all the nomination papersreceived by him have been rejected, or that thenames of all the candidates appearing in anynomination paper have been removed from suchnomination paper under subsection (3) of section31, as the case may be.



(b) The election officer shall, not later thanseven days after the receipt of the report, publish anotice prescribing a further nomination period. Thenotice shall specify the period (hereinafter referredto as the “second nomination period”) during whichthe nomination papers are to be received by thereturning officer at his office and all the provisionsof this Ordinance shall thereupon apply.”.

27. Section 36 of the principal enactment as lastamended by Act, No. 25 of 1990, is hereby further amendedby the repeal of paragraph (b) of subsection (1) of that sectionand the substitution therefor of the following paragraph:—

“(b) after the rejection of a nomination paper or papersor where the names appearing in any nominationpaper or papers are removed under subsection (3)of section 31 due to any reason specified therein,the candidates of only one recognized politicalparty or an independent group stand nominated forelection, the returning officer shall inform theCommissioner of such fact. The Commissioner shallthereupon call the secretary of such recognizedpolitical party or the leader of such independentgroup, as the case may be, to specify which of thecandidates from among those whose names appearin the nomination paper under paragraph (a) ofsubsection (2) of section 28, shall be declaredelected as the Mayor and Deputy Mayor of thatlocal authority. Upon such secretary or the groupleader, as the case may be, communicating hisdecision to the Commissioner, the Commissionershall declare the member so specified elected as theMayor and Deputy Mayor respectively, of that localauthority;”.



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28. Section 37 of the principal enactment is herebyamended by the repeal of subsection (1) of that section andthe substitution therefor of the following subsection:—

“(1) If at the expiry of the nomination periodappointed for each ward of an electoral area andafter the rejection of any nomination paper orpapers or the names appearing in anynomination paper or papers is removed undersubsection (3) of section 31 due to any reasonspecified therein, the candidates of more thanone recognized political party or of anindependent group stands duly nominated forthe election, the returning officer shall forthwithallot for the purpose of that election:—

(a) to each candidate from a recognizedpolitical party, the approved symbol ofthat party; and

(b) to each candidate from an independentgroup, any approved symbol and wherethere are more than one independentgroups contesting such election, anapproved symbol determined :—

(i) in the first instance by agreementamong the independent groupscontesting; or

(ii) in the absence of such agreement, bythe draw of lots cast or drawn in suchmanner as the returning officer may,in his absolute discretion, determine,

and such symbol shall be printed on theballot paper opposite the name of therespective recognized political party or theindependent group.”.



29. Section 38 of the principal enactment as amendedby Act, No. 25 of 1990, is hereby further amended insubsection (1) of that section, by the repeal of paragraph (c)of that subsection and the substitution therefor of thefollowing paragraph:—

“(c) the date of the poll, such date being a date otherthan a Poya day or any public holiday as specifiedin the First Schedule to the Holidays Act, No. 29 of1971, but wherever possible a Saturday or a date ordates determined by the returning officer with theconcurrence of the Commissioner and being a datenot less than five weeks and not more than sevenweeks from the date of the publication of the notice;and”.

30. Section 39 of the principal enactment is herebyrepealed and the following section is substituted therefor :—

39. (1) Notwithstanding the death of acandidate for election for any local authoritybetween the adjournment of the election forthe purposes of the poll and the commencementof the poll, the poll shall be taken on the datespecified for the same under paragraph (c) ofsubsection (1) of section 38.

(2) In the event a vacancy occurring due tothe death of a candidate, the secretary of therecognized political party or the group leaderof the independent group or person whose nameappears in the second place in the nominationpaper submitted by such recognized politicalparty or independent group, to which suchcandidate who died belonged, shall nominatea person who is qualified to be elected as amember under section 8 of this Ordinance, tofill such vacancy.”.

Replacement ofsection 39 of theprincipalenactment.


"Death of acandidateafternomination.


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31. Section 39A of the principal enactment as amendedby Law, No. 24 of 1977, is hereby further amended insubsection (1) of that section as follows :—

(1) by the substitution for the words “in the electorallist of that area”, of the words “in the electoral listof any ward of that area,”; and

(2) by the repeal of paragraph (c) of that subsectionand the substitution therefor of the followingparagraph :—

“(c) the number of the ward;

(cc) the number of the polling districts."

32. Section 40 of the principal enactment as amendedby Law, No. 24 of 1977, is hereby further amended by therepeal of subsection (1) of that section and the substitutiontherefor of the following subsection :—

“(1) For the purpose of each election for anyelectoral area, the returning officer of that electoralarea shall appoint:—

(a) one or more persons (hereinafter referred toas “presiding officer”) to preside at eachpolling station in each polling district; and

(b) where more than one person is appointed as apresiding officer in respect of a pollingstation, appoint one of such presiding officersto be the senior presiding officer of thatpolling station and the senior presidingofficer shall exercise general supervision overevery other presiding officer, and overallarrangments for the conduct of the poll in theelection.”.

t2




33. Section 43 of the principal enactment is herebyamended in subsection (1) of that section, by the substitutionfor the words “in force for any electoral area” and for thewords “of that electoral area”, of the words “in force for anyward of any electoral area” and of the words “for that ward”,respectively.

34. Section 44 of the principal enactment is herebyamended in paragraph (d) of that section, by the substitutionfor the words “for that electoral area”, of the words “ for thatward”.

35. Section 45 of the principal enactment as amendedby Law No. 24 of 1977, is hereby further amended insubsection (1) of that section, by the repeal of paragraph (b)of that subsection and the substitution therefor of thefollowing paragraph :—

“(b) outside the polling station, a notice specifying thenames of candidates as indicated by eachrecognized political party and independent group,in alphabetical order in Sinhala and the approvedsymbol allotted to each such party or group.”.

36. Section 47 of the principal enactment as lastamended by Act, No. 25 of 1990 is hereby further amended,in paragraph (a) of that section, by the substitution for allthe words from “set out against the distinguishing number”to the end of that paragraph, of the words “set out against thedistinguishing number of such group.

37. Section 52 of the principal enactment as amendedby Act, No.14 of 2004 is hereby further amended insubsection (1) of that section as follows :—

(1) by the substitution in the paragraph titled “First” ofthat section, for the words “electoral list now inforce for this electoral area.”, of the words “electorallist now in force for this ward.”; and







26

(2) by the substitution in the paragraph titled“Second:–” of that section, for the words “memberfor this electoral area.”, of the words “member forthis ward.”.

38. Section 53A of the principal enactment as amended

by Act, No. 14 of 2004 is hereby further amended in

paragraph (a) of subsection (2) of that section, by the

substitution for the words “list of the electoral area in which”,

of the words “list of the ward in which”.

39. Section 59A of the principal enactment is herebyrepealed and the following section substituted therefor :—

59A. (1) The counting of votes in eachpolling station shall take place at each suchpolling station.

(2) The senior presiding officer of eachpolling station or where there is only onepresiding officer, such presiding officer shallfunction as the counting officer of that stationand the staff at that polling station shallfunction as the counting staff.

(3) Subject to the general or specialdirections of the Commissioner, each returningofficer of an electoral area shall appoint one ofthe senior presiding officers appointed underparagraph (b) of subsection (1) of section 40,or where only a single presiding officer isappointed, such presiding officer, to be the chiefcounting officer for each ward of that electoralarea. The returning officer may at the sametime appoint such number of assistants andclerks and other officers as he may considernecessary to assist the counting officer and the

Replacement ofsection 59A ofthe principalenactment.

"Counting ofvotes.



chief counting officer, as the case may be, inthe performance of their duties.”.

(4) Where there are any objections from theauthorized agents relating to the functioningof any person as a counting officer of anypolling station, the Commissioner of Electionsmay on being satisfied of the circumstancesappoint any other senior presiding officer tofunction as a counting officer in the place ofthe first mentioned person.".

40. The following new section is hereby insertedimmediately after section 59A of the principal enactmentand shall have effect as section 59B of that enactment :—

59B. (1) Notwithstanding the provisions ofsection 59A, where as a result of any incidentsor disturbances which took place at a pollingstation during a poll or thereafter or due to anyother security reasons, the presiding officer ofsuch polling station is of the opinion that thecounting of votes shall not take place at thepolling station, he shall inform the assistantreturning officer appointed by the returningofficer to supervise the polling in the ward inwhich such polling station is situated, of suchfact and such assistant returning officer shallthereafter determine the new venue at whichthe counting of votes shall take place.

(2) In the event of a change of venue of acounting centre under subsection (1), adequatenotice of the new venue at which the countingis due to take place and the time at which thecounting is due to commence, shall be notifiedby the assistant returning officer, to thecounting agents appointed under section 60,

Insertion of newsection 59B inthe principalenactment.

"Change ofvenue forcounting ofvotes.


28

who are present at the counting centre at theparticular time.

(3) The counting of votes at the new venueas determined by the assistant returning officershall be conducted by the presiding officer ofthe polling station, with the assistance of thestaff at that polling station.

(4) At the close of the counting of votes atthe new venue, the counting officer shallsubmit to the returning officer of the electoralarea, a report on the incident, disturbance orthe security reason, as the case may be, whichwarranted the change of the venue of thecounting centre and returning officer shallcommunicate to the Commissioner theinformation contained in such report."

41. Section 60 and 61 of the principal enactment arehereby repealed and the following sections substitutedtherefor :—

60. Each authorized agent of a recognisedpolitical party or group leader of an independentgroup, as the case may be, shall be entitled toappoint two agents (hereinafter referred to asthe “counting agents”) to attend the countingof votes at each polling station. The names,addresses and the National Identity Cardnumbers of the agents so appointed shall begiven in writing to the counting officer beforethe commencement of the count. A candidatemay remain in the polling station at the time ofthe counting of votes, only as a counting agent.

61. (1) The counting officer of each pollingstation shall make arrangements for thecounting of votes in the presence of the

"Appointmentof countingagents.

Replacement ofsections 60 and61 of theprincipalenactment.

Time ofcount anddeclarationof result.


counting agents, as soon as possible after theclose of the poll.

(2) The counting officer shall oncompleting the counting of votes forward theresult of such count to the chief countingofficer appointed to the ward undersubsection (3) of section 59A.

(3) The time of commencement of the countand the time and place of declaration of theresult of such count, shall be intimated inwriting by the returning officer of the electoralarea to all the candidates who are contestingin the particular ward.”.

42. Section 63 of the principal enactment as amendedby Act, No. 24 of 1987 is hereby further amended asfollows :—

(1) in subsection (1) of that section :—

(a) by the repeal of paragraph (b) of thatsubsection and the substitution therefor ofthe following paragraph :—

“(b) on which votes are marked for morethan one recognized political party orindependent group;”;

(b) by the repeal of paragraph (d) of thatsubsection and the substitution therefor ofthe following paragraph:—

“(d) which is unmarked or void foruncertainty as to which recognizedpolitical party or independent groupthe vote is marked;”;



30

(2) by the repeal of subsection (6) of that section andthe substitution therefor of the followingsubsection :—

“(6) The counting officer shall prepare awritten statement in words as well as in figures,of the number of votes given to each recognizedpolitical party or independent group. Thestatement so prepared shall be certified by thecounting officer and witnessed by one of hisclerks and the counting agents who are presentand who desires to sign.”; and

(3) by the repeal of subsections (6A), (6B) and (6c) ofthat section.

43. Section 64 of the principal enactment as amendedby Act, No. 24 of 1987 is hereby further amended by therepeal of subsection (2) of that section and the substitutiontherefor of the following subsection :—

“(2) Each counting officer shall deliver to the chiefcounting officer in charge of the ward appointed undersubsection (3) of section 59A, the packets containingunused ballot papers, spoilt ballot papers, tenderedballot papers, marked copies of the electoral list,counterfoils of the ballot papers issued, tendered voteslist, the list of voters to whom ballot papers were notissued under section 53A, the ballot paper account,written statement of the number of votes given to eachrecognized political party or independent group andthe record of the counting of votes under subsection(2) of section 62, together with the sealed packetsreferred to in subsection (1).”.


Replacement ofsection 65 ofthe principalenactment.



65. (1) Upon receipt of the documentsreferred to in section 64, the chief countingofficer in charge of the ward appointed undersubsection (3) of section 59A, shall declare aselected as member of the ward, the name of thecandidate belonging to the recognizedpolitical party or the independent group whoobtained the highest number of votes in thatward and who was nominated by suchrecognized political party or independentgroup in its nomination paper as its candidatesfor that ward. He shall also declare the numberof votes received by all the other recognizedpolitical parties and independent groups,which contested the election in that ward.

(2) Where an equality of votes is found toexist between any two or more recognizedpolitical parties or two or more independentgroups, and the addition of a vote would entitlethe nominated candidate of one suchrecognized political party or independentgroup to be elected, the determination of therecognized political party or independentgroup to which such additional vote shall bedeemed to have been given, shall be made bylot drawn in the presence of the chief countingofficer, in such manner as he shall determine.

(3) After making the declaration of thecandidate who is elected as the member of theward, the chief counting officer shall,immediately upon receipt of the documentsreferred to in subsection (1) and (2) of section64, deliver to the returning officer all suchdocuments so received.".

“Declarationof candidateobtaininghighest votesas a member.


32

45. Section 65A of the principal enactment is herebyrepealed and the following section substituted therefor :—

65A. (1) In the case of a multi member ward.The candidates to be declared as electedmembers of that ward, shall be based on thenumber of votes polled by each recognizedpolitical party and independent group whichcontested the election in such ward. Thecounting officer shall declare first the candidateof the recognized political party or theindependent group, who or whcih as the casemay be, who polled the highest number ofvotes, an elected member for that ward and thebalance number of members required to beelected as members of that ward, being declaredaccordingly.

(2) If due to any reason whatsoever, a singlerecognized political party or independentgroup alone has contested at an election inany multi member ward, the candidates to bedeclared elected as members of such multimember ward shall be nominated by thesecretary of the recognized political party orthe leader of the independent group, as the casemay be, from among the persons whose namesappear in the list of additional persons includedin the nomination paper submitted by suchrecognized political party or independentgroup, as the case may be.”.

46. The following new section is hereby insertedimmediately after section 65A of the principal enactmentand shall have effect as section 65B of that enactment :—

65B. (1) Upon the declaration under section65, all the members elected for all the wards ofthe electoral area, the number of members forthat local authority to be returned underparagraph (b) of subsection (1) of section 5 of

Replacement ofsection 65A ofthe principalenactment.

"Declarationof membersto be electedto a multimemberward.

"Candidatesentitled to bereturned torepresentelectors whohave notsecured anyrepresentaion

Insertion of newsection 65B inthe principalenactment.


the Municipal Councils Ordinance (Chapter252) paragraph (b) of subsection (1) of section5 of the Urban Councils Ordinance (Chapter255) or paragraph (b) of subsection (1) of section4 of the Pradeshiya Sabha Act, No. 15 of 1987,as the case may be, shall be apportioned in themanner hereinafter provided for in this section.

(2) The total number of votes received byall the candidates of each recognized politicalparty and independent group, excluding thevotes polled by:—

(a) those candidates who were declaredelected as members of each ward undersection 65; and

(b) those candidates of each recognizedpolitical party and independent group,who received less than one-twentieth ofthe total number of valid votes polled inthe ward in which such candidatecontested,

(hereinafter in this section referred to as“balance candidates”), shall then be added andthe percentage of the aggregate, to the totalvalid votes polled by all the candidates whoare elected to the serveral wards of the localauthority together with the votes polled by thebalance candidates shall be the criteria fordetermining the number of members to bereturned in terms of subsection (1).

(3) The number of members to be returnedin terms of subsection (1) shall, where thepercentage determined under subsection (2):—

(a) exceeds thirty per centum, shall be thirtyper centum of the total number of members


34

to be elected to all the wards of that localauthority area, under this section; or

(b) is less than thirty per centum, shall beequal to that percentage of the number ofmembers to be elected to all the wards ofthat local authority area, under this section.

(4) Where the number constituting thirtyper centum referred to in subsection (3) is aninteger and fraction, the integer shall bedeemed to be the number which shallconstitute such thirty per centum, for thepurpose of that subsection.

(5) The number of members to be returnedas determined under subsection (3), shall beapportioned among the recognized politicalparties and independent groups whichcontested in that election, by dividing theaggregate of the total valid votes polled by thebalance candidates by the number of membersentitled to be returned as determined under thatsubsection. The number resulting from suchdivision (any fraction not being taken intoaccount) shall hereinafter in this section bereferred to as the “qualifying number”.

(6) The aggregate of the votes received bythe balance candidates of each recognizedpolitical party and independent group, shallthen be divided by the qualifying number, inorder to ascertain the number of personsentitled to be returned as members of that localauthority in terms of subsection (1) by suchrecognized political party or independentgroup, as the case may be. Where the numberascertained by this method is an integer and afraction, the integer shall be deemed to be thenumber for the purpose of this subsection.

(7) Where at the conclusion of ascertainingthe number of members to be returned by any


recognized political party or independentgroup on the method specified in subsection(5), there remains a further number of membersto be returned under the proportionalrepresentation system as determined undersubsection (3), such remaining number shallbe allocated on the basis of the highest fractionreceived by each recognized political party orindependent group, as ascertained undersubsection (6).

(8) The returning officer shall inform thesecretary of the recognized political party orthe leader of the independent group, as the casemay be, which is entitled to return a member asascertained under subsection (5), of the numberof members that such recognized political partyor independent group, as the case may be, isentitled to return and request such secretary orleader, as the case may be, to nominate fromamong the persons, whose names were includedin the nomination paper under paragraph (b)of subsection (1) of section 5 of the MunicpalCouncils Ordinance (Chapter 252) orparagraph (b) of subsection (1) of section 5 ofthe Urban Councils Ordinance (Chapter 255)or paragraph (b) of subsection (1) of section 4of the Pradeshiya Sabha Act, No. 15 of 1987,as the case may be, the names of persons whoare to be returned as members under thatsubsection.

(9) The names of the candidates who arereturned under this section shall thereafter bedeclared by the returning officer of therespective electoral area.”.


66. (1) Upon the declaration of thecandidates elected as members of each wardunder section 65 and of those candidatesreturned under section 65A of this Ordinance

Replacement ofsection 66 of theprincipalenactment.“Publication

of the result.


36

in respect of a local authority, the returningofficer of the electoral area of such localauthority shall :—

(a) publish a notice specifying the namesof all the candidates elected or returnedas members of the local authority; and

(b) report to the Commissioner the resultthrough the election officer of thedistrict in which the electoral area issituated.

(2) The Commissioner shall upon receipt ofthe report of the result, cause the names of thecandidates elected to be members of that localauthority, to be published in the Gazette.”.

48. The following new sections are hereby insertedimmediately after section 66 of the principal enactment andshall have effect as sections 66A, 66B, 66C, 66D, 66E, 66F and66G of that enactment :—

66A. (1) Where the office of a member of alocal authority falls vacant under theprovisions of the Municipal CouncilsOrdinance (Chapter 252) Urban CouncilsOrdinance (Chapter 255) or the PradeshiyaSabha Act, No. 15 of 1987, as the case may be,the returning officer appointed for the electoralarea in which such local authority is situated,shall, where such vacancy is in respect of amember—

(a) elected for any ward in that electoral area byballot, request the secretary to therecognized political party or the leader ofthe independent group, as the case may be,to which such member belongs, to nominatewithin thirty days of the occurrence of thevacancy, any other person who is qualifiedunder section 8 of this Ordinance to beelected as a member of local authority to fillthat vacancy in the ward in which thevacancy has occurred; or

Insertion of newsections 66A,66B, 66C. 66D,66E, 66F and66G in theprincipalenactment.

"Filling ofvacancies inlocalauthorities.


(b) returned under section 65A of thisOrdinance then, depending on whetherthe candidate whose office fell vacant isfrom a recognized political party or anindependent group, call upon thesecretary of the recognized political partyor the leader of the independent group, asthe case may be, to nominate within thirtydays of the occurrence of the vacancy aperson to fill such vacancy from amongthose persons nominated by suchrecognized political party or theindependent group under paragraph (b)of subsection (1) of section 5 of theMunicipal Councils Ordinance (Chapter252) or paragraph (b) of subsection (1) ofsection 5 of the Urban CouncilsOrdinance(Chapter 255) or paragraph (b)of subsection (1) of section 4 of thePradeshiya Sabha Act, No. 15 of 1987, asthe case may be and where no personremains to be so nominated the returningofficer shall request the secretary of therecognized political party or leader of theindependent group, as the case may be, tonominate a person qualified to be electedas a member in terms of section 8 of thisOrdinance to fill such vacancy.

(2) The candidate elected to fill a vacancyof any member of a local authority undersubsection (1), shall hold office only for theunexpired period of the term of office of themember whom he succeeds.

66B. (1) Where any recognized politicalparty or independent group has obtainedfifty per centum or more of the total numberof seats in a local authority, the Commissionershall upon the publication by theCommissioner under subsection (2) of section66 of names of the candidates elected

Declaration ofMayor, where arecognizedpolitical partyor independentgroup receivesover fifty percentum of theseats


38

as members of such local authority, call uponthe secretary of such recognized political partyor the leader of that independent group, as thecase may be, to determine from among memberswho belong to such recognized political partyor the independeent group, as the case may be,the members who shall be declared as theMayor and the Deputy Mayor, respectively, ofsuch local authority.

(2) Where the office of Mayor or DeputyMayor as determined under subsection (1) ofthis section falls vacant during the term of officeof such local authority, the Commissioner shall,subject to the provisions of subsection (4) ofthis section, call upon the secretary of therecognized political party or the leader of theindependent group, as the case, may be, towhich such Mayor or the Deputy Mayorbelonged, to determine the members fromamong the members of that local authority whobelong to such recognized political party orthe independent group, as the case may be,who shall become the new Mayor or the DeputyMayor of the local authority and communicatethe same, within thirty days, to theCommissioner. Upon receipt of suchdetermination, the Commissioner shall declarethe member named in such determination, asthe new Mayor or the Deputy Mayor, as thecase may be, of that local authority.

(3) In the event that such communicationis not received within the aforesaid thirty daysunder subsection (2), the Commissioner shallproceed to appoint as the new Mayor or deputyMayor, the member who has obtained the


highest percentage of votes and who belongsto the recognized, political party or theindependent group as the case may be, to whichthe Mayor or the Deputy Mayor whose officefell vacant" belonged.

(4) Notwithstanding the provisions ofsubsection (2) of this section, where a vacancyoccurs in the office of Mayor as a result of theMayor being deemed to have resigned hisoffice under section 215A of the MunicipalCouncils Ordinance (Chapter 252) or section178A of the Urban Councils Ordinance(Chapter 255) or section 169 of the PradeshiyaSabha Act, No. 15 of 1987, as the case may be,and such vacancy is filled in accordance withthe procedure specified in that subsection, andthe member so appointed to fill such vacancyhimself resigns thereafter from his office asMayor under the sections referred to above,the vacancy so created shall not be filledfollowing the procedure specified insubsection (2) of this section. In such aninstance, the local authority in which thevacancy in the office of Mayor has occurred"be deemed to be dissolved, and in terms of thepowers conferred by section 2 of the ProvincialCouncils (Consequential Provisions) Act, No.12 of 1989 the Provincial Minister in chargeof the subject of Local Government or theGovernor of the Province as the case may be,shall appoint a Sepcial Commissioner, for thelocal authority concerned who shall hold officeas Special Commissioner, for the balance periodremaining of the term of office of such localauthority.

66C. (1) Where any recognized politicalparty or independent group has obtainedless than fifty per centum of the totalnumber of seats in a local authority, theMayor and the Deputy Mayor of such

First meetingof the LocalAuthority.


40

local authority shall be elected at the firstmeeting of such local authority.

(2) The first meeting of the Council shallbe convened by the Commissioner of LocalGovernment within one week of the publicationby the Commissioner under subsection (2) ofsection 66, of the names of the candidateselected and returned as members of any localauthority, by notice published in that behalf.Such notice shall be given not less than sevendays before the date fixed for the meeting andshall be:—

(a) published in the Gazette and in onenewspaper each, in all three languages;and

(b) dispatched by registered post to each ofthe members of that Council.

(3) Every notice published undersubsection (1), shall specify the date, time andplace of the first meeting and the date to beso specified shall be a date within one monthnext succeeding the date appointed for thecommencement of the term of office of theCouncil or in the case of a Council elected assuccessor to a Council going out of officeotherwise than by effluxion of time, withinone month next succeeding the date on whichthe election or nomination of the members ofthe new Council is completed.

(4) Where for any reason the meeting is notheld on the date specified in the noticepublished under subsection (1), theCommissioner of Local Government may, byfurther notice or notices published in that


behalf, convene the meeting for any other date,so however that such other date is within onemonth next succeeding the date specified inthe notice published under subsection (2).

66D. (1) The first meeting and any othermeeting that may be convened under section66C until the election of a Mayor, shall bepresided over by the Commissioner of LocalGovernment (in this section referred to as the“presiding officer”).

(2) The members of the Council shall at itsfirst meeting, elect one of their members to bethe Mayor of the Council.

(3) The election of the Mayor of theCouncil under subsection (2) shall not takeplace, unless there is present at such meeting aquorum consisting of not less than half themembership of the Council.

(4) Any member of the Council may, withhis consent, be proposed and seconded forelection as Mayor by any other member presentat the meeting.

(5) Where only one name of the member isproposed and seconded for election as Mayor,the presiding officer of the meeting at whichthe election takes place, shall declare thatmember elected as the Mayor.

(6) Where two or more names of membersare proposed and seconded for election asMayor, the mode of election shall be by openvoting, and the presiding officer shall take thevotes by calling the name of each memberpresent and asking him how he desires to voteand recording the votes accordingly. Amember may decline to vote and in such a case,

Procedurefor theelection ofMayor andDeputyMayor at thefirst meetingor othermeeting of alocalauthority.


42

the presiding officer shall record the fact ofsuch member declining to vote.

(7) Where it is determined under subsection(6) that the election of the Mayor shall be byopen voting, the pesiding officer shall take thevotes by calling the name of each memberpresent and asking him how he desires to voteand recording the votes accordingly. A membermay decline to vote and in such a case, thepresiding officer shall record the fact of suchmember declining to vote.

(8) Where it is determined under subsection(6) that the election of a Mayor shall be bysecret voting, the election shall be by ballotpapers.

(9) At the end of the proceedings for theelection of a Mayor, the presiding officer shalldeclare the result of the voting.

66E. (1) Where the names of more than twomembers are proposed and seconded forelection as Mayor and no single memberreceives at the first voting more votes than theaggregate of the votes received by theremaining members, one member shall beexcluded from the election as hereinafterprovided, and the voting shall proceed in thesame manner, one member being excludedfrom the election after each subsequent voting,until a member receives more votes than theaggregate of the votes received by theremaining members at that voting or untilvoting in respect of two members only is heldand completed, as the case may be.

(2) The manner in which a member may beexcluded from the election as referred to insubsection (1), shall be as follows :—

Where nomemberobtain therequirednumber ofvotes.


(a) if the number of votes received by onemember is lower than the number ofvotes received by each of the remainingmembers, the candidate receiving thelowest number shall be excluded; and

(b) if each of all the members receive anequal number of votes or if each of twoor more members receives an equalnumber of votes which is less than thenumber of votes received by theremaining member or each of theremaining members, one of the membersreceiving the equal number of votesshall be excluded and the determinationas to which of the members is to beexcluded, shall be made by lot to bedrawn in the presence of the presidingofficer, in such manner as he shalldetermine.

(3) Where there are two members at anyvoting and the number of votes cast is equallydivided and the addition of one vote wouldentitle one of the members to be elected asMayor, the determination of the member towhom the additional vote shall be deemed tohave been given, shall be made by lot to bedrawn in the presence of the presiding officer,in such manner as he shall determine.

66F. (1) The first Deputy Mayor of a localauthority shall be elected at the first meetingof the Council held under section 66C, presidedover by the newly elected Mayor.

(2) The provisions of sections 66c and 66D

shall apply in respect of the election of aDeputy Mayor, in like manner as though every

Election ofDeputyMayor.


44

reference in those sections to “Mayor” were areference to Deputy Mayor.

66G. Whenever the office of Mayor orDeputy Mayor of a Council falls vacant duringthe term of office of such Council, theCommissioner of Local Government shall,within two weeks of his receiving notice fromthe Council of such vacancy and by notice ornotices served in accordance with theprovisions of subsections (2) or (4) of section66C, convene a meeting for the election of anew Mayor or Deputy Mayor, as the case maybe, and the date specified for the meeting insuch notice or notices shall be such as to ensurethat the new Mayor or Deputy Mayor, as thecase may be, is elected within six weeks nextsucceeding the occurrence of the vacancy.”.

49. Section 67 of the principal enactment is herebyamended by the repeal of subsection (2) of that section, andthe substitution therefor of the following subsection:—

“(2) The returning officer shall forward to the electionsofficer of the district in which the electoral area is situated,all the ballot papers, a statement of the number of votesgiven to each candidate, the ballot paper account, tenderedvotes list, packets of counterfoils and the marked copiesof electoral lists sent by the counting officers undersection 64, endorsing on each packet a description of itscontents, the date of the election to which they relate andthe names of the wards in which the election was held.”.

50. Section 68 of the principal enactment is herebyrepealed.

51. Section 69A of the principal enactment is herebyrepealed.


Repeal ofsection 68 of theprincipalenactment.

Repeal ofsection 69A ofthe principalenactment.

Vacancy inthe office ofthe Mayor orDeputyMayor.


52. The following new section is hereby insertedimmediately after section 72 of the principal enactment andshall have effect as section 72A of that enactment :—

72A. (1) Where due to the occurrence ofcertain events of such a nature :—

(a) it is not possible to commence the pollat a polling station at the hour fixed forthe commencement of the poll;

(b) the poll at such polling stationcommences at the hour fixed for theopening of the poll, but cannot becontinued until the hour fixed for theclosing of the poll;

(c) it is not possible to conduct the poll atthat polling station, due to any reasonbeyond the control of presiding officer;

(d) one or more polling agents are threatened,executed or chased out of the pollingstation during a disturbance at the poll;

(e) the polling staff is unable to arrive atthe polling station due to anyobstructions on the way;

(f) any disturbance of peace at the pollingstation makes it impossible to conductthe poll at such polling station;

(g) any stuffing of ballot papers is forciblycarried out by any person; or

(h) there is no genuine, free, fair and secretpoll at any polling station,

the presiding officer of that polling station shallforthwith inform the returning officer, who in

"Disturbancesat pollingstations.

Insertion of newsection 72A inthe principalenactment.


46

turn shall inform the Commissioner of suchevent.

(2) The Commissioner may upon receivingany information under subsection (2) and aftermaking such inquiries as he may considernecessary to ascertain the accuracy of suchinformation received, by Order published inthe Gazette declare the poll taken at suchpolling station void.”.


73. A candidate for election at any electionunder this Ordinance may himself do any actor thing which a counting agent of his, ifappointed, would have been required orauthorized to do or may assist such agent indoing any such act or thing. However prior toacting under this section, the candidate shallmake the declaration required to be made bysuch an agent.”.

54. Section 74 of the principal enactment is herebyrepealed and the following section substituted therefor :—

74. Where under this Ordinance any act orthing is required or authorized to be done inthe presence of any agent or agents of thecandidate at any election under this Ordinance,the non-attendance of any such agent or agentsat the time and the place appointed for thepurpose shall not, if that act or thing is otherwiseduly done, invalidate the act or thing done.”.

55. Section 75 of the principal enactment is herebyrepealed and the following section substituted therefor :—

75. Any person who has voted at anyelection under this Ordinance shall not, in any

"Nonattendance ofthe agents ofcandidates.

Replacement ofsection 75 of theprincipalenanctment. "Prohibition

of discloserof vote.


"Candidatesmay act ashis owncountingagent oragent orassist suchagent.



legal proceeding instituted to question suchelection, be required to state for whom hevoted.”.

56. Section 75A of the principal enactment is herebyrepealed and the following section substituted therefor:–

75A. Where any person designated as thegroup leader of an independent group diesduring pendency of, or after, an election, to alocal authority, the person whose name hasbeen nominated by the group leader as hisauthorized agent shall be deemed to be thegroup leader of that independent group".

57. The following new section is hereby insertedimmediately after section 76 of the principal enactment andshall have effect as section 76A of that enactment :—

76A. If any difficulty arises in the conductof an election under this Ordinance, theCommissioner may by Order published in theGazette, issue all such directions as he mayconsider necessary, with a view to providingfor any special or unforeseen circumstances orfor the determination or adjustment of anyquestion or matter for the determination oradjustment of which, no provision or effectiveprovision is made by this Ordinance.”.

58. Section 78 of the principal enactment as lastamended by Act, No. 25 of 1990, is hereby further amendedin subsection (1) of that section by the repeal of paragraph(aa) of that subsection.

59. Section 81A of the principal enactment is herebyamended in subsection (1) of that section by the repeal ofparagraph (c) of that subsection and the substitution thereforof the following paragraph:—

Insertion of newsection 76A inthe principalenactment.



"Groupleader.

"Commissionerto issuedirections.



48

“(c) persuading any voter not to vote for a candidateof any particular political party or independentgroup.”.

60. Section 81B of the principal enactment is herebyamended as follows :—

(1) by the insertion immediately after subsection (1) ofthat section, of the following new subsection :—

“(1A) During the period commencing on thefirst day of the nomination period of any electionunder this Ordinance and ending on the dayfollowing the date on which the poll is taken atsuch election :—

(a) no ad-hoc appointments in anyGovernment institution or in any publicundertaking, which may have the effect ofinfluencing the voters to vote in favour ofany particular candidate contesting fromthe political party in power shall be made ;and

(b) no Minister or any Minister of the Board ofMinisters of any Provincial Council, shallenter any polling station during the poll orduring the counting of votes, except forthe purpose of casting his vote.”;

(2) in subsection (2) of that section, by the substitutionfor the words “provisions of subsection (1)”, of thewords “provisions of subsections (1) or (1A)”; and

(3) in subsection (5) of that section, by the substitutionfor the words “the provisions of subsection (1)”, ofthe words “the provisions of subsection (1) or (1A)”.

61. Section 82 of the principal enactment is herebyamended by the substitution for the words “whether in the




same electoral area”, of the words “whether in the same ward,the same electoral area”.

62. Section 82c of the principal enactment is herebyamended in subsections (2), (3) and (4) of that section, bythe substitution for the words “any recognized political partyor independent group”, wherever those words appear in thosesubsections, of the words “for a candidate of any recognizedpolitical party or independent group”.

63. Section 82D of the principal enactment is herebyamended in paragraphs (h) of that section, by the substitutionfor the words “recognized political party or independentgroup” wherever those words appear in that paragraph, ofthe words “candidate of a recognized political party orindependent group”.

64. Section 82P of the principal enactment is herebyamended in subsection (1) of that section, as follows :—

(1) by the substitution for the words “in respect of anyelectoral area”, of the words “in respect of any wardof any electoral area”;

(2) in paragraph (a) of that subsection, by thesubstitution for the words “for the recognizedpolitical party or independent group which itpreferred”, of the words “for the candidate of anyrecognized political party or independent groupwhich it preferred”.

65. Section 82Q of the principal enactment is herebyamended by the substitution for the words “election petitionis in relation to an election for any electoral area”, of thewords “election petition is in relation to an election for anyward of an electoral area”.

66. Section 82R of the principal enactment is herebyamended as follows:—

Amendment ofsection 82P ofthe principalenactment.

Amendment ofsection 82D ofthe principalenactment.

Amendment ofsection 82Q ofthe principalenactment.

Amendment ofsection 82R ofthe principalenactment.

Amendment ofsection 82C ofthe principalenactment.


50

(1) in paragraph (a) of that section, by the substitutionfor the words “elected at such election”, of the words“elected for any ward at such election”; and

(2) in paragraph (b) of that section, by the substitutionfor the words “a candidate at such election”, of thewords “a candidate for any ward at such election”.

67. Section 82S of the principal enactment is herebyamended in paragraph (a) of that section, by the substitutionfor the words “in respect of any electoral area”, of the words“in respect of any ward of any electoral area”.

68. Section 82U of the principal enactment is herebyamended in paragraph (e) of that section, by the substitutionfor the words “in respect of any electoral area”, of the words“in respect of any ward of any electoral area”.

69. Section 82AD of the principal enactment is herebyamended in paragraph (c) of that section, by the substitutionfor the words “election in respect of any electoral area is tobe declared void”, of the words “election in respect of anyward of any electoral area is to be declared void.”.

70. Section 82AG of the principal enactment is herebyrepealed and the following section is substitutedtherefore:—

82AG. No elector who has voted at anelection shall, in any proceeding to questionsuch election, be required to state for whichcandidate he has voted.”.

71. Section 84 of the principal enactment is herebyamended by the substitution for the words “electoral lists ofany electoral area”, of the words “electoral list of each wardof any electoral area”.

Amendment ofsection 82U ofthe principalenactment.

✝

Amendment ofsection 82AD ofthe principalenactment.

Replacement ofsectin 82AG ofthe principalenactment.

Replacement ofsectin 84 of theprincipalenactment.

"Expensesof election.

Amendment ofsection 87S ofthe principalenactment.


72. Section 86 of the principal enactment is herebyrepealed and the following section is substitutedtherefore:—

86. All expenses incurred under thisOrdinance in the preparation of the electorallist of each ward of any electoral area, inconnection with the nomination of candidatesfor the purpose of any election of any localauthority and in the conduct of a generalelection, shall be defrayed out of theConsolidated Fund.”.

73. Section 89 of the principal enactment as lastamended by Act, No.25 of 1990, is hereby further amendedas follows :—

(1) immediately after the definition of the expression“appointed date”, of the following new definition:

“approved symbol” means a symbol approvedby the Commissioner for the purposes of thisOrdinance, by notification published in theGazette.”;

(2) by the repeal of the definition of the expresion“authorized agent”; and

(3) by the insertion immediately after the definition ofthe expression “Commissioner of Elections”, of thefollowing new definition :—

“Council” means a Municipal Council, an UrbanCouncil or a Pradeshiya Sabha, as the casemay be;”;

Replacement oftsection 89 ofthe principalenactment.

"Expenses ofelection.

Replacement ofsectin 86 of theprincipalenactment.


52

74. The First Schedule to the principal enactment ishereby repealed and the following Schedule is substitutedtherefor :—

“FIRST SCHEDULE [Section 28 (2)]

FORM OF NOMINATION PAPER

...................................Council/Pradeshiya Sabha

The...........Party, being a recognized political party/independentgroup of candidates [of which (in the case of an independentgroup).................... is the group leader], hereby nominates thefollowing persons as candidates for election of members ofthe................. Municipal Council/Urban Council/Pradeshiya Sabha.

GROUP I – CANDIDATES

1 2 3 4 5 6 7

Name Name Address Occupation Women (W) Pollingand and NIC Youth (Y) District Signature

Number Number Number Signifyingof and Serial consent

ward✝ Number ofof candidate

candidate

GROUP 1I – ADDITIONAL PERSONS

1 2 3 4 5 6

Name Address Occupation Women (W) Polling Signatureand NIC Youth (Y) District SignifyingNumber Number consent

and Serial NumberNumber of ofadditional additional

person person

I do hereby certify that all the youth candidates whose namesappear in this nomination paper are within the age stipulated in section89 of the Ordinance.

Replacement ofthe first sectionto the principalenactment.


Signature of Secretary of recognized political party/group leader.

Name :..........................................................................................

Address :.......................................................................................

Signed by the above named

...........................................

Secretary of recognized political party/group leader in my presence

at...................... on this...................day of...............2010.

State whether it is a multi member ward, indicating by theinclusion of one asterisk * in the case of election of twomembers and by two (**) in the cause of election of threemembers.

Before me

(Justice of the Peace/Commissioner for Oath)

75. The Second Schedule to the principal enactment ishereby repealed and the following Schedule is substitutedtherefor :—

“SECOND SCHEDULE [Section 45]

FORM OF DIRECTIONS FOR THE GUIDANCE OF A VOTER INVOTING, WHICH SHALL BE EXHIBITED OUTSIDE EVERYPOLLING STATION AND IN EVERY COMPARTMENT OF EVERY

POLLING STATION

Every voter shall have one vote, which may be given to thecandidate of a recognized political party or independent group, of hischoice.

. The voter will go into one of the compartments and place a cross(X) on the right hand side of the ballot paper opposite the symbol ofthe recognized political party or the independent group as the casemay be.

The voter who cast his vote by a ballot paper will then fold up theballot paper so as to show the official mark on the back to the presiding

Replacement ofthe SecondSchedule to theprincipalenactment.


54

officer and put the ballot paper into the ballot box, and forthwith quitthe polling station.

If the voter inadvertently spoils a ballot paper, he can return it tothe presiding officer, who will, if satisfied with such inadvertence,give him another ballot paper.

If the voter :—

(a) votes for more than one candidate, or

(b) places any mark on the ballot paper by which he may beafterwards identified,

his ballot paper will be void and will not be counted.

If the voter takes a ballot paper out of the polling station or puts

into a ballot box anything other than a ballot paper which he is

authorized to put into the box, he will be liable on conviction after

summary trial before a Magistrate to a fine not exceeding five hundred

rupees or to imprisonment of either description for a term not

exceeding six months or both such fine and imprisonment.”.

76. The Third Schedule to the principal enactment ishereby repealed and the following Schedule is substitutedtherefor :—

“THIRD SCHEDULE [Section 47]

FORM OF FRONT OF BALLOT PAPER

Counterfoil No.

PARTY “A” SYMBOLPARTY “B” SYMBOLPARTY “C” SYMBOL“INDEPENDENT GROUP” 1 SYMBOL“INDEPENDENT GROUP” 2 SYMBOL“INDEPENDENT GROUP” 3 SYMBOL

77. The Fourth Schedule to the principal enactment ishereby repealed and the following Schedule is substitutedtherefor :—

Replacement ofthe ThirdSchedule to theprincipalenactment.

Replacement ofthe FourthSchedule to theprincipalenactment.


“FOURTH SCHEDULE [Section 76(1) ]

FORM OF DECLARATION OF SECRECY

I ……………… (name), solemnly promise and declare that I willnot at this election for the ……………… ward of the electoral area ofthe ……… .. Municipal Council/Urban Council/Pradeshiya Sabha, doanything forbidden by section 76 of the Local Authorities ElectionsOrdinance, which has been read to me.……………........................ ...................................Name and designation Signature of declarant

of person taking the declaration

Note – This section must be read to the declarant by the persontaking the declaration.”.

78. The Seventh Schedule to the principal enactment ishereby repealed and the following Schedule is substitutedtherefor :—

“SEVENTH SCHEDULE [Section 53A]

FORM OF THE LIST

List of Voters to whom ballot papers were not delivered

Name of Local Authority:…………………………………………......

Ward No. : ………………………………………........

Date of Election : …………………………………………….Polling Station : …………………………………………….

No valididentitydocumentoridentitynotestablished

No.inelectoral

list

Nameof voter

Addressof

voter

Reason for not delivering ballot paper

Refusedappropriateinspection

A l r e a d ymarkedwithappropriatemark

Refuses tobe markedwithappropriatemark

Replacement ofthe SeventhSchedule to theprincipalenactment.


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79. The Eight Schedule to the principal enactment ishereby repealed.

80. In the event of any inconsistency between theSinhala and Tamil texts of this Act, the Sinhala text shallprevail.

81. (1) Every reference in the principal enactment to“elections officer of the district” and “elections officer”shall, after the commencement of this Act, be read andconstrued as a reference to the district returning officerappointed under subsection (1) of section 4 of the principalenactment, for the district within which the relevant electoralarea is situated.

(2) Section 34 of the Local Authorities Elections(Amendment) Act, No. 24 of 1987 is hereby repealed.

82. Where, as at the date of the coming into operationof this Act, the poll for the election of Chairman or membersto the Puthukudiruppu Pradeshiya Sabha and MaritimePaththu Pradeshiya Sabha was not taken due to the saidelection being postponed within the limits of the said Sabhasfor the reasons that the demining process has not beingcompleted and therefore resettlement had not beingcompleted then, notwithstanding anything to the contraryin any other written law for the time being in force, the pollfor the next elections in espect of the two Pradeshiya Sabhasmentioned above shall be taken in terms of the provisions ofthe Local Authorities Elections Ordinance (Chapter 262)which were in operation in respect thereof on the dateimmediately prior to the date of the coming into operationof this Act.

Interpretationand repeal.

Law applicableto the holding ofelections inrespect ofcertain localauthorities.

Repeal of theeight schedule tothe principalenactment.

Sinhala text toprevail in caseof inconsistency.


Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF

GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15thDecember each year in respect of the year following.

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