65.
| (1) Where the office of a member of a Provincial Council becomes vacant due to death, resignation or any other cause the Secretary of the Provincial Council shall inform the Commissioner the fact of the occurrence of vacancy. The Commissioner shall fill such vacancy the manner hereinafter provided. |
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| (2)If the office of a member falls vacant due to death, resignation or for any other cause, the Commissioner shall all upon the secretary of the recognized political party or the group leader of the independent group to which the member vacating office belonged, to nominate within a period to be specified by the Commissioner, a person eligible under this Act for election as a member of that Provincial Council, to fill such vacancy. If such secretary or group leader nominates within the specifics period an eligible person to fill such vacancy and such nomination is 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, the Commissioner shall declare such person elected as a member of that Provincial Council from the administrative district in respect of which the vacancy occurred. If on the other hand, such secretary or group leader fails to make s nomination within the specified period, the Commissioner shall declare elected as member, from the nomination paper submitted by that party or group for the administrative district in respect of which the vacancy occurred, the candidate who has secured the highest number of preferences at the election of members to that Provincial Council, nest to the last of the members declared elected to that Provincial Council from that party or group. The Commissioner shall cause the name of the member as declared elected to be published in the Gazette. |
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| (3) Where all the candidates whose names were on such nomination paper have been declared elected or where none of the candidates whose names remain on such nomination paper, have secured any preferences or where the member vacating office was not elected from an administrative district, the Commissioner shall forthwith inform the President who may, on receipt by him of such information and at any stage when he considers, it expedient to dc so, by Order published in the Gazette, direct the Commissioner to hold an election to fill such vacancy. The provisions of this Act shall apply to, and in relation to, an election held under this section. Every person elected as a member of a Provincial Council at an election held in pursuance of an Order made by the President under this section shall hold office for the unexpired period of the term of office of the member whom he succeeds. |
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Sri Lanka Consolidated Acts