Sri Lanka Consolidated Acts

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Provincial Councils Elections Act (No. 2 of 1988) - Sect 13

Nomination papers

13.
(1) Any recognized political party or any group of persons contesting as independent candidates (hereinafter referred to as an " independent group") may for the purpose of an election of members from an administrative district to a Provincial Council submit one nomination paper setting out the names, of such number of candidates as is equivalent to the number of members to be elected from that administrative district, increased by three. Such nomination paper shall be substantially in form A set out in the First Schedule to this Act.
(2) The written consent of each candidate to be nominated by a recognized political party or an independent group shall be endorsed on the nomination paper, and there shall be annexed to such nomination paper, 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 every such candidate, and in the case of an independent group, a receipt acknowledging the receipt of the deposit made by such group under section 14.
(3) Each nomination paper shall be signed by the Secretary of a recognized political party or in the case of an independent group, by the candidate whose name appears first in the nomination paper (hereinafter referred to as the "group leader") and shall be attested by a Justice of the Peace or by a notary public.
(4) Such nomination paper together with a copy thereof shall be delivered to the returning officer at his office during normal office hours within the nomination period by the secretary of a recognized political party or by the candidate whose name appears first in such nomination paper (hereinafter referred to as the " authorized agent") in the ease of a recognized political party, or by the group leader in the case of an independent group.
(5) Where, due to any reason whatsoever, the secretary of a recognized political party or the authorized agent or the group leader is unable to deliver a nomination paper, the candidate whose name appears second on such nomination paper shall deliver such nomination paper to the returning officer as required by subsection (4).
(6) The returning officer shall display a copy of each nomination paper received by him on his notice-board.
(7) The returning officer shall, on application made at any date after the publication of the notice of nomination and before the expiry of the nomination period, supply free of charge a nomination paper to any recognized political party or any independent group ; but nothing in this Act shall be deemed to preclude the use of any form of nomination paper not supplied by the returning officer, so long as such form does not differ substantially from form A set out in the First Schedule to this Act.
(8)
(a) Where it appears to the secretary of a recognized political party or an authorized agent or a group leader that there is any omission or clerical error in a nomination paper submitted by such party or independent group he may make an application to the returning officer before the expiry of the nomination period to correct such omission or error on such paper.
(b) Where the returning officer is satisfied that such omission or error is due to inadvertence, the returning officer may allow such secretary or authorized agent or group leader to correct such omission or error in his presence.
(c) For the purposes of this subsection the omission of the name of a candidate, or the failure of a candidate to endorse his consent on a nomination paper, or the failure of the secretary of a recognized political party or a group leader to sign a nomination paper or the failure of a Justice of the Peace or a notary public to attest such signature shall be deemed not to be an omission or a clerical error due to inadvertence.


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