Sri Lanka Consolidated Acts

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Parliament Elections Act (No. 1 of 1981) - Sect 7

Recognized political parties for the purpose of elections

7.
(1) A political party shall, under and in accordance with the provisions of this Act, be entitled to be treated as a recognized political party for the purpose of elections.
(2) Subject to the other provisions of this Act, a political party entitled to be treated as a recognized political party under the Ceylon (Parliamentary Elections) Order in Council, 1946, on the day immediately preceding the date of coming into operation of this Act, shall be entitled to be treated as a recognized political party for the purpose of elections under this Act.
(3) Where a political party is entitled, by virtue of the operation of the provisions of subsection (2), to be treated as a recognized political party for the purpose of elections, the approved symbol allotted to such party under the said Order in Council shall be deemed to be the approved symbol allotted to that party for such purposes until the date on which such party ceases to be so entitled as hereinafter provided under this Act, or the date on which such party is allotted a new approved symbol by the Commissioner by order as hereinafter provided under this Act, whichever date is earlier.
(4)
(a) The Commissioner shall, before the thirty-first day of January of each year, publish a notice calling upon the secretary of any political party, other than a party which is already entitled to be treated as a recognized political party for the purpose of elections, to make on behalf of that party a written application to the Commissioner, within such period as may be specified in such notice, that such party be treated as a recognized political party for the purpose of elections. The application shall also specify which one of the approved symbols such party desires to be allotted to such party if so treated.
(b) The secretary of a political party shall, at the time an application is made under paragraph (a), furnish to the Commissioner a copy of the constitution of such party and a list of office-bearers of such party.
(5) Upon the receipt of an application duly made under subsection (4) on behalf of any political party, the Commissioner shall, after such inquiry as he may deem fit,
(a) if in his opinion such party is a political party and is organized to contest any election under this Act, make order
(i) that such party shall be entitled to be treated as a recognized political party for the purpose of elections, subject however, to the provisions of this Act; and
(ii) allotting an approved symbol to such party, being the approved symbol specified in the application or any other approved symbol determined by him in his absolute discretion, but not being the approved symbol of any other political party which is entitled to be so treated; or
(b) if in his opinion, such party is not a political party and is not organized to contest any election under this Act, make order disallowing the application.
(6) A political party shall not be entitled to be treated as a recognized political party under paragraph (a) of subsection (5) if its name is identical with the name of any party which is already entitled to be treated as a recognized political party, or in the opinion of the Commissioner so nearly resembles such name as to be calculated to mislead, confuse or deceive.
(7) The order of the Commissioner on any application made under subsection (4) shall be final and shall not be called in question in any court.
(8) A political party which is entitled to be treated as a recognized political party for the purpose of elections under this section shall hereinafter be referred to as a " recognized political party ".


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