83.
| (1) Where a corrupt practice is committed in connection with an election under this Act by any candidate who was not elected as a member at the election or with his knowledge or consent or by any of his agents such candidate shall on conviction by a Magistrate liable, in the case of the offence of personation, to imprisonment for a term not exceeding twelve months, and in any other case, to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment. Provided, however, that such candidate shall not be convicted of such corrupt practice under this section consisting of the offence of treating or undue influence committed by any of his, agents if he proves to the Magistrate
| | (a) that no corrupt or illegal practice was committed at the election by such candidate and any such offence was committed contrary to the orders and without the sanction or connivance of such candidate and | | |
| | (b) that such candidate took all reasonable means for preventing the commission of corrupt and illegal practice at the election , and | | |
| | (c) that any such offence was of trivala and limited character unimportant and | | |
| | (d) that in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and his agents. | | |
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| (2) Every person who is convicted of a corrupt practice under this section shall, by conviction become incapable for a period of seven years from the date of his conviction of being registered as an elector or of voting at an election under this Act or of being elected as a member of a Development Council, and if at that date he has been so elected, his election shall be vacated from the date of such conviction. |
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| (3) A prosecution for a corrupt practice under this section shall not be instituted against any candidate at an election under this Act who was not elected as a member at such election except with the sanction of the Attorney- General;. |
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| (4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected as a member at an election under this Act from being prosecuted for a corrupt practice in connection with such election under section 82. |
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Sri Lanka Consolidated Acts