16. The following new section is hereby inserted immediately after section 46 of the Provincial Councils Elections Act, No.2 of 1988 (hereinafter in this Part referred to as 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 counting officer, |
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| | (2) On receipt of an information under subsection (1) in relation to a polling station in an administrative 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 administrative district; the provisions of Part IV shall, mutatis mutandis, apply to the counting of votes polled in the election for such administrative district and the declaration of the result of such election, subject to the modification 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 sub section (2) has been made, is assigned shall notwithstanding anything in section 50, commence the counting of votes after he has received all the ballot boxes 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) The returning officer shall, from the statements under subsection (7) of section 51 furnished to him by all the counting officers, add up and ascertain the number of votes polled by each recognized political party and independent group and the number of preferences secured by each candidate nominated by each such party or group at the election for such administrative district other than the votes polled at the polling station in respect of which an Order under subsection (2) has been made and shall forthwith forward a statement to that effect to the Commissioner. | | |
| | (6) Where the Commissioner is of the opinion, on receipt of a statement under subsection (5), that the result of the election for such administrative district will not be affected by the failure to count the votes polled, or the votes that would have been polled, at the polling station in respect of which an Order under subsection (2) has been made he shall direct the returning officer to make a declaration under section 58 in accordance with that statement and the provisions of that section, and the returning officer shall make a declaration accordingly | | |
| | (7)
| | | (a) Where the Commissioner is of the opinion, on receipt of a statement under subsection (5). that the result of the election for such administrative district will be affected by the failure to count; the voles 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 forthwith appoint a fresh date for taking a poll at such polling station. |
| (b) The Commissioner shall give notice of the new date of poll in at least one news paper in each of the National Languages and by notices conspicuously displayed in the polling district in which such polling station is situated. |
| (c) The provisions of sections 26, 27, 28, 29, 30, 31. 32, 33, 34, 35, 36, 37, 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. |
| (d) For the purposes of the application of the provisions of section 73, 74 and subsection (2) of section 80 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 follow- in the date appointed for the taking of such poll. |
| (e) 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. |
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| | (8) Upon receipt of the documents referred to in section 53 in respect of the poll ordered under subsection (7). the returning officer shall add the votes polled by each recognized political party and independent group and the preferences secured by each candidate nominated by each such party or group and set out in the statement forwarded to the Commissioner under subsection (5) to the votes polled by each such party or group and the preferences secured by each such candidate at the poll ordered under subsection (7) and shall make a declaration under section 58 in accordance therewith. | | |
| | (9) The Commissioner shall consult the Secretary of every recognized political party and the group leader of every independent group contesting an election held under this Act, or an agent authorized for this purpose by such Secretary or group leader, before Riving a direction under subsection (6) or appointing a date under subsection (7) of this section, or making an Order under subsection (6) of section 22. ". | | |
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Sri Lanka Consolidated Acts