Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Presidential Elections Act (No. 15 of 1981) - Sect 89

Power of Supreme Court to except innocent act from being illegal practice

89. Where on application made, it is shown to the Supreme Court by such evidence as seems to the Court sufficient
(a) that any act or omission of a candidate at an election under this Act or of his agents or of any other agent or person, would, by reason of being a payment, engagement, employment, or contract in contravention of this Act or of otherwise being in contravention of any of the provisions of this Act, be but for this section an illegal practice; and
(b) that any such act or omission arose from inadvertence or from accidental miscalculations or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith, and in the circumstances it seems to the Court, after giving the candidates, and any elector an opportunity of being heard, to be just that the candidate in question and his agent or other person, or any of them, should not be subject to any of the consequences under this Act of the said act or omission, the Court may make an order allowing such act or omission to be an exception from the provisions of this Act which would otherwise make the same an illegal practice, payment, employment, or hiring, and thereupon such candidate, agent or person shall not be subject to any of the consequences under this Act of the said act or omission.


[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]