Sri Lanka Consolidated Acts

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Provincial Councils Elections Act (No. 2 of 1988) - Sect 84

Special provision relating to punishment and incapacity for a corrupt practice by an unsuccessful candidate at an election

83.
(1) Where a corrupt practice is committed in connection with an election under this Act by any candidate who was not elected as a member at the election or with his knowledge or consent or by any of his agents, such candidate shall on conviction by a Magistrate be liable, in the case of the offence of personation, to imprisonment for a term not exceeding twelve months, and, in any other case, to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment:
(2) Every person who is convicted of a corrupt practice under this section shall, by conviction become incapable for a period of seven years from the date of his conviction of being registered as an elector or of voting at an election under this Act or of being elected as a member of a Provincial Council, and if at that date he has been so elected, his election shall be vacated from the date of such conviction.
(3) A prosecution for a corrupt practice under this section shall not be instituted against any candidate at an election under this Act who was not elected as a member at such election except with the sanction of the Attorney- General.
(4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected as a member at an election under this Act from being prosecuted for a corrupt practice in connection with such election under section 82.


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