128A. Notwithstanding anything in the preceding provisions for this Act, the provisions of this Act shall apply to the first elections to Provincial Councils to be held under this Act subject to the following modifications :"
| (a) as if for subsection (3) of section 15, there were substituted the following : "
| | " (3) Where none of the candidates nominated by an independent group for an administrative district are elected to the Provincial Council from that administrative district, he deposit made in respect of the candidates of such group shall be declared forfeit and shall be transferred by the returning officer from the deposit account to the Consolidated Fund, and in every other case, the deposit shall be returned to the person who made the deposit, as soon as may be after the result of the election is declared." ; and | | |
| | (b) as if for section 58 there were substituted the following section : | | |
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| | | "58. (1) (a) After the receipt of the documents -referred to in section 53 the returning officer shall, of the from the statements under subsection (7) of section 51 furnished to him by all the counting officers, (including the counting officers of the counting centre or centres where postal ballot papers were counted) add up and determine the number of votes given for each recognized political party and independent group in such administrative district and the number of preferences indicated for each candidate nominated by each such party or group. The returning officer shall, before he opens a sealed packet referred to in paragraph (h) of section 53, upon a request made by an agent appointed under section 56, permit such agent to inspect the seals on such packet.
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| (b) The total number of votes polled at the election is hereinafter referred to as the " relevant number of votes ". |
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| (c) The relevant number of votes shall be divided by the number of members to be elected from the administrative district. The whole number resulting from such division (any balance votes not being taken into account) hereinafter referred to as the " resulting number ". |
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| (d) The number votes polled by each recognised political party and independent group beginning with the party or group which received the highest number of votes, shall be divided by the resulting number and the returning officer shall declare elected from each such party or group, in accordance with the number of preferences secured by each of the candidates nominated by such party or group (the candidates securing the highest number of preferences being declared elected first, the candidate securing the next highest number of preferences being declared next and so on), such number of members 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 para graph (e). |
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| (e) Where after the declaration of the election of members as provided in paragraph (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 such 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 elected under paragraph (d), the candidate nominated by the party or group having the highest of such votes, who has secured the highest and next highest number of preferences being declared a member and so on until all the members to be elected are declared elected. |
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| (2) Where the number of votes polled by each recognized political party or independent group contesting on election is less than the resulting number referred to in paragraph (c) of subsection (1), the party or group which has polled the highest number of votes shall be entitled to have the candidate from that party or group who has secured the highest number of preferences declared elected and if there are one or more members yet to be declared elected, the party or group having the next highest number of votes polled shall be entitled to have the candidate from that party or group who has secured the highest number of preferences declared elected and so on until all the members to be elected for the Provincial Council from the administrative district are declared elected under the provisions of this subsection. |
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| (3) Where under subsection (1) or subsection (2) an equality of votes is found to exist between the votes polled by two or more recognized political parties or two or more independent groups or any combination of them and the addition of a vote would entitle the candidates of one such recognized political party or independent group to be elected, the determination of the party or 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 may, in his absolute discretion, determine. |
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| (4) For the purposes 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 as void. |
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| (5) Where a recognized political party or independent group is entitled, under the preceding pro visions of this section, to have one of the candidates nominated by it declared elected as a member but none of the candidates nominated by it or none of the candidates remaining on the nomination paper submitted by it, have secured any preferences. the returning officer shall call upon the secretary of such political party or the group leader of such group to decide within a period to be specified by the returning officer, which of the candidates nominated by such party or group or which of the candidate-remaining on the nomination paper submitted by it shall be declared elected as member. If such secretary or group leader communicates his decision to the returning officer within the period specified by the returning officer, the returning officer shall declare elected as member, the candidate specified, in, such decision- If on the other hand, such secretary or group leader fails to communicate his decision to the returning officer within the period specified, by the returning officer, the returning officer shall declare elected as member, the candidate whose name appear next in the nomination paper submitted by such party or group. |
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| (6) For the purposes of this section and section 65, where two or more candidates nominated for election to a Provincial Council from an administrative district, by a recognized political party or an Independent group, have secured an equal number of preferences at such election and the addition of a preference shall entitle one such candidate to be elected as a member of such Provincial Council, the determination of the candidate to whom such additional preference 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 may, in his absolute discretion, determine ". |
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Sri Lanka Consolidated Acts