69. Section 65 of the principal enactment is hereby repealed and the following section substituted therefor:-
| 65.
| | (1)
| | | (a) After the receipt of. the documents refined to in section 64, the returning officer shall determine in the manner hereinafter provided in this section the candidates to be declared members. |
| (b) The returning officer shall from the statements of the number of votes given at each polling station, add up and determine the number of votes given for each recognized political party and independent group. |
| (c) The candidates whose names appear first and second in the nomination paper of the recognized political party or independent group to which the highest number of votes has been given shall be declared elected by the returning officer as Mayor and Deputy Mayor, respectively. |
| (d) When an equality of votes is found to exist between two or more recognized- political parties or two or more independent groups or two or more such parties or groups and the addition of a vote shall entitle the candidates of one such recognized political party or independent group to be elected, the determination of the recognized political party or independent group to which such additional vote shall be deemed to have been given shall be made by lot drawn in the presence of the returning officer in such manner as he shall determine. |
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| | (2)
| | | (a) Every recognized political party and independent group polling less than one-eighth of the total votes polled at the election shall be disqualified from having any candidates elected as the other members of the local authority. |
| (b) The votes, polled by the disqualified parties and independent groups, if any, shall be deducted from the total votes polled PA the election and the number of votes resulting from such deduction are hereinafter referred to as the " relevant number of votes.". |
| (c) The relevant number of votes shall be divided by the number of members, other than the Mayor and Deputy Mayor, to be elected at that election for that local authority. The whole number resulting from such division (any balance votes not being taken into account) is hereinafter referred to as the " resulting number ". |
| (d) The number of votes polled by each recognized political party and independent group (other than those parties or groups disqualified under paragraph (a) ), beginning with the party or group which polled the highest number of votes, shall then be divided by the resulting number and the returning officer shall declare as elected from each such party and group in the order in which their names appear in the nomination paper. such number of candidates (excluding the candidates declared elected as Mayor and Deputy Mayor) as is equivalent to the whole number resulting from the division by the resulting number of the votes polled by such party or group. The remainder of the votes, if any, after such division, shall be dealt with, if necessary, under paragraph (e). |
| (e) Where after the declaration of the election of members as provided in para- graph (d) there are one or more members still to be declared elected, such member or number of members shall be declared elected on, the remainder of the votes referred to in paragraph (d) to the credit of each party or group after the declaration made under that paragraph and the votes polled by any party or group not having any of its candidates declared elected under paragraph (d), the candidate next in the order of priority in the nomination paper of the party or group having the highest of such votes being declared elected the next member and so on until all the members to be elected are declared elected. |
| (f) Where an equality of votes is found to exist in the balance number of votes to the credit of one or more parties and groups referred to in this subsection and the addition of a vote would entitle any candidate of such party or group to be declared elected under this subsection the determination of the party or group to which such one additional vote shall be deemed to have been given shall be made by lot drawn in the presence of the returning officer in such manner as he shall determine. |
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| | (3) For the purpose of this section the number of votes polled at any election shall be deemed to be the number of votes actually counted and shall not Include any votes rejected or void.'. | | |
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Sri Lanka Consolidated Acts