89.
| (1) Where an illegal practice is committed in connection with an election under this Act by any candidate who was not elected as a member at the election or with his knowledge or consent or by any of his agents, such candidate shall on conviction by a Magistrate be liable to a fine not exceeding three hundred rupees: Provided, however, that such candidate shall not be convicted of such illegal practice under this section committed by any of his agents if he proves to the Magistrate
| | (a) that no corrupt or illegal practice was committed at the election by such candidate and the illegal practice which is the subject-matter of the prosecution was committed contrary to the orders and without the sanction or connivance of such candidate ; and | | |
| | (b) that such candidate took all reasonable means for preventing the commission of corrupt and illegal practices at the election : and | | |
| | (c) that the offence or offences constituting such illegal practice was or were of a trivial, unimportant and limited nature; and | | |
| | (d) that in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and his agents. | | |
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| (2) Every person who is convicted of an illegal practice under this section, shall, by conviction, become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Act or of being elected as a member of a Development Council, and if at that date he has been elected as a member of a Development Council, his election shall be vacated from the date of such conviction. |
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| (3) A prosecution for an illegal practice under this section shall not be instituted against any candidate at an election under this Act who was not elected as a member at such election except with the sanction of the Attorney-General. |
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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 an illegal practice in connection with such election under section 88. |
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Sri Lanka Consolidated Acts