38.
| (1) No ballot paper shall be delivered to a voter at an election
| | (a) if he refuses to allow the presiding officer or a person acting under his authority to make the appropriate inspection ; or | | |
| | (b) if, having allowed such inspection, it discloses that such voter has already been marked with the appropriate mark ; or | | |
| | (c) if, having allowed such inspection, it discloses that such voter has not already been marked with the appropriate mark, but such voter refuses to allow such officer or person to mark such voter with the appropriate mark, | | |
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| (2) The presiding officer of a polling station shall enter on a list, substantially in form D set out in the First Schedule to this Act, the following particulars relating to each voter to whom a ballot paper was not delivered at such station under subsection (1)
| | (a) the number of such voter in the register of electors; | | |
| | (b) the name of such voter as it appears in such register ; and | | |
| | (c) the ground on which a ballot paper was not delivered to such voter. | | |
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| (3) In this section
| | (a) the expression " appropriate mark" means a mark made with indelible ink ; | | |
| | (b) the term " appropriate" with reference to any con- text connected with or relating to the inspection or marking of a voter, means
| | | (i) the little finger of his left hand or, if such finger is missing, any other finger of his left hand; or |
| (ii) if all the fingers of his left hand are missing, the little finger of his right hand or , if such finger is missing, any other finger of his right hand ; or |
| (iii) if all the fingers of his left and right hands are missing, such extremity of his left, or right hand as such voter possesses. |
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Sri Lanka Consolidated Acts