13- The following new section is hereby inserted immediately after section 46 of the principal enactment and shall have effect as section 46A of that enactment :
| 46A.
| | (1) Where due to the occurence of events of such a nature
| | | (a) it is not possible to commence the poll at a polling station at the hour fixed for the commencement of the poll; or |
| (b) the poll at such polling station commences at the hour fixed for the opening of the poll but cannot be continued until the hour fixed for the closing of the poll; or |
| (c) any of the ballot boxes assigned to the polling station cannot be delivered to the returning officer, |
|
| | (2) On receipt of an information under subsection (1) in relation to a polling station in an electoral district, the Commissioner may, after making such inquiries as he may deem necessary to ascertain the truth of such information by Order published in the Gazette, declare the poll at such polling station void. | | |
| | (3) Where the Commissioner makes an Order under subsection (2) in respect of a polling station in an electoral district the provisions of Part IV shall, mutatis mutandis, apply to the counting of votes in such polling station and the declaration of the result of the election, subject to the modifications set out in this section. | | |
| | (4) The counting officer in charge of the counting centre to which the polling station in respect of which the Order under subsection (2) has been made, is assinged shall notwithstanding anything in section 50, commence the counting of votes after he has received all the ballot boxes from the polling stations assigned to his centre, other than the ballot boxes from the polling station in respect of which the Order under subsection (2) has been made. | | |
| | (5) Where the Commissioner is of the opinion, upon receipt of the statement under section 55 furnished to him by all the returning officers, that the result of the election will not be effected by the failure to count the votes polled, or the votes which would have been polled, in the polling station in respect of which an Order under subsection (2) has been made, he shall proceed to make a declaration under section 56 or section 61. | | |
| | (6)
| | | (a) Where the Commissioner is of the opinion, upon receipt of the statements under section 55 furnished to him by all the returning officers, that the result at the election will be affected by the failure to count the votes polled, or the votes which would have been polled, at the polling station in respect of which an Order under subsection (2) has been made, he shall forth with appoint a date for taking a fresh poll at such polling station, and the date so appointed shall be not later than one month before the expiration of the term of office of the President in office. The Commissioner shall give notice of the new date of poll in at least one newspaper in each of the National language and by notices con speciously displayed in the polling district in which such polling station is situated. |
| (b) The provisions of section 25, 26, 27, 28, 29. 30, 31, 33, 34, 35, 36, 38, 39, 41, 42, 43. 44 and 45 shall, mutatis mutandis. apply to, and in relation to, voting, at a poll ordered under paragraph (a). The register of electors to be used at that poll shall be same as that used at the earlier poll. |
| (c) For the purpose of the application of the provisions of sections 73, 74 and subsection (2) of section 78 to a poll ordered under paragraph (a), the references in those sections to '" the day following the date on which a poll is taken at such election " shall be deemed to be a reference to the day following the date appointed for the taking of such poll. |
| (d) A person who votes more than once at an election by reason of his voting at a poll ordered under paragraph (a) shall be deemed not to be guilty of any offence under this Act. |
|
| | (7) Where a new date for taking a poll at a polling station has been appointed under subsection (6) no declaration shall be made by the Commissioner under section 56 or section 61 or section 63 until after the counting of the votes polled at such poll has been completed and a statement, under section 55, indicating the number of votes cast in favour of each candidate at such poll has been transmitted to the Commissioner. | | |
| | (8) The Commissioner shall consult every candidate contesting an election held under this Act, or an agent authorized for that purpose by such candidate, before making a declaration under subsection (5) or appointing a date, under subsection (6) of this section, or making an Order under subsection (2) of section 21. ". | | |
|
|
|
Sri Lanka Consolidated Acts