| 48A.
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| (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 electoral district, the Commissioner may, after 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. | | |
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| (3) Where the Commissioner makes an Order under subsection (2) in respect of a polling static" in an electoral district, the provisions of Part IV shall, mutatis mutandis, apply to the counting of votes polled in the election for such electoral district and the declaration of the result of such election, subject to the modifications set out in this section. | | |
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| (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 52. 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. | | |
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| (5) The returning officer shall, from the statements under subsection (7) of section 53 furnished to him by all the counting officers, add up and ascertain the voles polled by each recognized political party and independent group and the preferences secured by each candidate nominated by each such party or group at the election for such electoral district (other than 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. | | |
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| (6) Where the Commissioner is of the opinion, upon receipt of a statement under subsection (5) that the result of the election for such electoral district will not be affected 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 direct the returning officer to make a declaration under subsection (2) of section 60 in accordance with such statement and the provisions of that subsection, and the returning officer shall make a declaration accordingly. | | |
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| (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 electoral district 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 forthwith appoint a date for taking a fresh 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 section 28 to 47 (both inclusive) 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 sections 73, 74 and sub section (2) of section 79 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. |
| (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 55 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 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 subsection (2) of section 60, in accordance therewith. | | |
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| (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 that purpose by such Secretary or group leader, before giving a direction under subsection (6) or appointing a date under subsection (7) of this section, or marking an Order under subsection 3 of section 24.". | | |
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Sri Lanka Consolidated Acts