5. Section 65A of the principal enactment is hereby amended by the repeal of subsections (5) and (6) of that section, and the substitution of the following subsections therefor :-
| '(5) Upon the receipt of such information, the Minister shall call upon the secretary of such recognized political party or the group leader of such independent group to nominate a person who is eligible under this Ordinance for election as member of that authority, to fill such vacancy. A nomination made under this subsection, by the secretary of such recognized political party or group leader of such independent group shall be accompanied by an oath or affirmation, as the case may be, in the form set out in the Seventh Schedule to the Constitution, taken and subscribed or made and subscribed, as the case may be, by the person nominated to fill such vacancy. Upon receipt of such nomination, accompanied by such oath or affirmation, the Minister shall by Order published in the Gazette, appoint such person as a member of that local authority to fill such vacancy and the person so appointed shall be deemed, for all purposes, to be a member under the provisions of this Ordinance, and shall hold office only until the expiry of the current term of office of the members elected at the last preceding general election; |
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| (6) The provisions of this Ordinance relating to the holding of a general election of members of a local authority shall apply to, and in relation to, every election held under subsection (5) subject to the modifications set out in the Eighth Schedule. |
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| (7) Where the offices of the Mayor and Deputy Mayor in any local authority are vacant when an election is held under subsection (5) to fill a vacancy in such local authority, the elections officer shall, after such election, declare elected as Mayor and Deputy Mayor of such local authority, the members whose names appear first and second in the nomination paper of the recognized political party or the independent group, which has a majority of the members in such local authority after such election. |
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| (8) Where more than one recognized political party or independent group has a majority of the members in a local authority after an election held under subsection (5) to fill a vacancy in such local authority, the determination of the nomination paper of the recognized political party or independent group from which the Mayor and Deputy Mayor shall be declared elected under subsection (7) shall be made by lot drawn in the presence of the elections officer in such manner as may be determined by him. |
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| (9) In subsections (7) and (8) "nomination paper" in relation to a recognized political party or independent group means the nomination paper submitted by such recognized political party or independent group at the general election of members of mat local authority or where the candidates whose names appear in such nomination paper have all been elected or where such recognized political party or independent group had not submitted a nomination paper at such general election, the nomination paper submitted by such recognized political party or independent group at the election held under subsection (5).'. |
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Sri Lanka Consolidated Acts