Sri Lanka Consolidated Acts

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Parliament Elections Act (No. 1 of 1981) - Sect 88

Special provisions relating to punishment and incapacity for an illegal practice by an un-successful candidate at any election

88.
(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 the High Court 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 Parliament, and if at that date he has been elected as a Member of Parliament, 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
(a) except within the period during which an election petition could, if such candidate had been elected as a Member at such election, have been presented against him in connection with his election ; and
(b) except by a person who would have had the right to present such petition under section 95; and
(c) 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 87


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