6. The following new Part is hereby added immediately after section 61, and shall have effect as Part V of the principal enactment;
| 61A. A Referendum petition may be whole Republic, shall be declared to be void on a Referendum petition on any of the following grounds which may be proved to the satisfaction of the Supreme Court, namely |
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| 61B. The hearing and determination of proceeding relating to a Referendum petition shall be by at least five judges of the Supreme Court of whom, unless he otherwise directs,. the Chief Justice shall be one. |
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| 61C, A Referendum petition may' be presented to the Supreme Court by a secretary of a recognized political party or by any elector. |
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| 61D. All or any of the following reliefs, to which the petitioner may be entitled, may be claimed in a Referendum petition namely
| | (a) a declaration that the Referendum in respect of the whole Republic is void ; or | | |
| | (b) a declaration that the Referendum in respect of any electoral district is void | | |
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| 61E. A Referendum petition-
| | (a) shall state the right of the petitioner to petition under section 61C of this Act.
| | | (b) shall state the holding and result of the Referendum ;
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| (c) shall contain a concise statement of the material facts on which the, petitiontioner relies ;
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| (d) shall set forth full particulars of any corrupt or illegal practice that the petitioner alleges, as full a statement as possible of the names of the parties alleged to have committed such corrupt or illegal practice and the date and place of the commission, of such practice, and shall also be accompanied by an affidavit in support of the allegation of such corrupt or illegal practice and the:date and place of the commission of such practice;
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| (e) shall conclude with a prayer as, for instance, that the Referendum in respect of any electoral district should be declared void, and shall be signed by all the petitioners; |
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| 6lF. (1) The Supreme Court may, upon such terms as to costs or otherwise as the Court may deem fit, allow the particulars of any corrupt or illegal practice specified in a Referendum petition to be amended or amplified in such manner as may in the opinion of the Court, be necessary for ensuring a fair or effective trial of the petition so, however, that the Court shall not . allow such amendment or amplification if it will result in the introduction of particulars of any corrupt or illegal practice not pre- |
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| 61G. At the conclusion of the trial of a Referendum petition the Supreme Court shall determine whether the Referendum in respect of the whole Republic or the Referendum in respect of any electoral district, as the case may, be was void, and shall certify such determination in writing. |
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| 61H. At the conclusion of the trial of a Referendum petition the Supreme Court shall also make a report setting out the names and descriptions of all persons, if any, who have been proved at the trial to have been guilty of any corrupt or illegal practice: |
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| 61J. The Supreme Court shall transmit to the President the certificate of the Supreme Court issued under section 61g together with the report made under section 61H The President shall thereupon transmit to the Commissioner such certificate together with such
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| 61K. Upon the transmission to the Commmissioner of the certificate of the determination of the Supreme Court as required by section 61J the determination, shall take and accordingly-
| | (a) the Referendum in respect of the whole Republic shall be confirmed; or
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| | (b) the Referendum in respect of the whole Republic shall be declared void; or | | |
| | (c) where the determination or the decision is to the effect that the Refer endum in respect of any electoral district is to be declared void, the Commissioner shall, within one month of the receipt of such certificate, by notice published in the Gazette, require the holding of a Referendum in respect of that electoral district
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| 61L.(1)(a) The Commissioner shall, upon receipt of the report of the Supreme Court transmitted to him under section 6lJ, forthwith cause a copy of the report to be published in the Gazette,
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| (b) Where the report referred to in paragraph (a) is to the effect that a corrupt or illegal practice has been committed by any person, that person shall be. subject to the same incapacities as if at the date of the said report he had been convicted of that practice. |
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| (2) It shall be the duty of every registering officer forthwith to peruse every such report which is published in the Gazette under subsection (1), and forthwith . to delete from the register of electors the name of every person appearing from the report to be incapable of voting at a Referendum .
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| 61M. (1) Every Referendum petition shall be presented within twenty-one days of the date of publication of the result of the Referendum in the Gazette : |
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| (2) A referendum petition presented in due time may, for the purpose of questioning the validity of such Referendum upon an allegation of a corrupt or illegal practice, be amended with the leave of a Judge of the Supreme Court within the time within which a Referendum petition questioning the validity of a Referendum upon that ground may be presented.
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| 6JN. No elector who has voted at a Referendum shall, in any proceeding to question the validity of such Referendum, be required to state how he voted at such Referendum.
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| 61P. (1) On a scrutiny at the trial of a Referendum petition the following votes only shall be struck off, namely : -
| | (a) the vote of any person whose name was not on the register of electors assigned to the polling station at which the vote was recorded;
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| | (b) the vote of any person whose vote was procured by bribery, treating, or undue influence; | | |
| | (c) the vote of any person who committed or procured the commission of personation at the Referendum; | | |
| | (d) the vote of any person, who, by reason of the operation of paragraphs (e), (f), (g), (h), (i) and (j) of Article 89 of the Constitution, was incapable of voting at the Referendum ; | | |
| | (e) the vote of any person who, not being entitled to vote in person at the Referendum by reason of subsection (1) of section 9, voted in person at the Referendum. | | |
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| (2) The vote of a registered elector shall not, except in the case specified in paragraph (d) of subsection (1), be struck off at a scrutiny by reason only of the voter not having been or not being qualified, to have his name entered on the register of electors. |
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| (3) On a scrutiny, any tendered vote proved to be a valid vote shall, on the application of any party to the petition, be added to the poll. |
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| 61R. On a Referendum petition the deci-rendum petitions under this Act, shall be in accordance with Rules made by the Supreme Court under Article 136 of the Constitution. |
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| 61Q. The procedure and practice on Refesion of a counting officer whether or not a ballot paper shall be rejected under section 35 shall not be questioned..
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Sri Lanka Consolidated Acts