Sri Lanka Consolidated Acts

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Provincial Councils Elections Act (No. 2 of 1988) - Sect 90

Special provisions relating to punishment and incapacity for an illegal practice by an unsuccessful candidate at an election

89.
(1) Where an illegal 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 to a fine not exceeding three hundred rupees :
(2) Every person who is convicted of an illegal practice under this section, shall, by conviction, become incapable for a period of three 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 elected as a member of a Provincial Council, his election shall be vacated from the date of such conviction.
(3) A prosecution for an illegal 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 an illegal practice in connection with such election under section 88.


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