Sri Lanka Consolidated Acts

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Parliament Elections Act (No. 1 of 1981) - Sect 104

Power of the Supreme Court in appeal

104.
(1) The Supreme Court may, upon any appeal preferred under section 102 affirm, vary or reverse the determination or decision of the Election Judge to which the appeal relates.
(2) Where the Supreme Court reverses on appeal the determination of the Election Judge under section 100, that Court shall decide whether the Member whose return or election was complained of in the election petition, was duly returned or elected, or whether the election was void, and a certificate of such decision shall be issued by that Court.
(3) The Supreme Court may, in the case of any appeal under section 102, order that the election petition to which the appeal relates shall be tried anew in its entirety or in regard to any matter specified by that Court and give such directions in relation thereto as that Court may think fit.
(4) The Supreme Court may make any order which it may deem just as to the costs of the appeal and as to the costs of, and incidental to, the presentation of the election petition and of the proceedings consequent thereon, and may by such order reverse or vary any order, as to costs made by the Election Judge; and the provisions of the Parliamentary Election Petition Rules set out in the Fourth Schedule to this Act as to the award, taxation and recovery of costs shall, mutatis mutandis, apply in relation to the award of such costs by the Supreme Court and the taxation and recovery thereof.


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