Sri Lanka Consolidated Acts

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Registration of Electors Act (No. 44 of 1980) - Sect 14

Claims and objections at revision of register

14.
(1) Every person who is qualified in accordance with this Act to have his name entered or retained in any register at a revision of that register and whose name has been omitted from that register and from list B or whose name has been included in list A and who claims to have his name entered or retained, as the case may be, in the register (in this section and in section 15 referred to as the " claimant") may apply to the registering officer to have his name entered or retained in such register under a qualifying address. Every claim under this subsection shall be in writing and shall be substantially in form A set out in the Schedule to this Act.
(2) Where a person is entitled to claim under subsection (1) to have his name entered or retained in any register, any other person (in this section and in section 15 referred to as the " applicant") may apply to the registering officer to have the name of the first-mentioned person entered or retained in such register under a qualifying address. Every claim under this subsection shall be in writing and shall be substantially in form B set out in the Schedule to this Act.
(3) Every claim under subsection (1) or subsection (2) shall be made so as to reach the registering officer within four weeks from the date of the publication in the Gazette of the notice of completion of list A and list B. The registering officer shall from time to time exhibit in a conspicuous place at his office a notice containing the name and address of each claimant.
(4) Any person whose name appears in the register or in list B for any electoral district may object to the entry or retention in such register of -
(a) his own name; or
(b) the name of any other person appearing in such register or list B ; or
(c) the name of any claimant.
(5) In this section and in section 15 every person objecting to the entry or retention of any name in the register is referred to as the "objector",
(6) Every objection under paragraph (a) or paragraph (b) of subsection (4) to the entry or retention of any name in the register shall be made In writing in duplicate and shall be substantially in form C set out in the Schedule to this Act and shall be made so as to reach the registering officer within four weeks from the date of publication in the Gazette of the notice of completion of list A and list B. The registering officer shall from time to time exhibit in a conspicuous place at his office a notice containing the name and address of each objector and person in regard to whom such objection has been made.
(7) Every objection under paragraph (c) of subsection (4) to the entry of the name of any claimant in the register shall be made in writing in duplicate and shall be substantially in form D set out in the Schedule to this Act and shall be made so as to reach the registering officer within fourteen days from the date on which the notice containing the name of such claimant is exhibited under subsection (3). The registering officer shall from time to time exhibit in a conspicuous place at his office a notice containing the name and address of each objector and the person in regard to whom such objection has been made.
(8) The registering officer shall, as soon as practicable after receiving an objection under this section, send one copy of the objection to the person in regard to whom objection has been made.
(9) The registering officer shall, as soon as practicable, hold a public inquiry into all claims and objections which have been duly made, giving not less than seven clear days' written notice of the date on which, and the time and place at which, the inquiry will commence, to each claimant, applicant, objector and person in regard to whom objection has been made. At any such public inquiry, any person appearing to the registering officer to be interested in or affected by the subject-matter of the inquiry may appear and be heard either by himself or by any other person duly authorized by him in writing in that behalf :
(10) Where an objection is made under this section, the registering officer shall call upon the objector, or some person authorized in writing in that behalf by the objector, to give proof to the satisfaction of such registering officer, of the ground of the objection.
(11) If proof of an objection under this section is given to the satisfaction of the registering officer, the registering officer shall require proof of the qualification of the person in regard to whom the objection has been made, and
(a) if such person's qualification is not proved to the satisfaction of the registering officer, such officer shall expunge such person's name from, or, as the case may be, refuse to enter such person's name in the register;
(b) if such person's qualification is proved, such officer shall enter or retain such person's name in the register.
(12) If on the date fixed for inquiry into any objection, the objector or a person authorized in writing in that be half by the objector fails to appear, or appears but fails to give proof to the satisfaction of the registering officer, then-
(a) if the objection is to the retention in the register of the name of a person appearing therein, or to the entering therein of the name of a person whose name appears in List B, the registering officer shall retain or enter, as the case may be, such person's name in such register without calling upon such person to prove his qualification ;
(b) if the objection is to the entry in the register of the name of any claimant, the registering officer shall require proof of the qualification of the claimant, and -
(i) if the claimant's qualification is not proved to the satisfaction of the registering officer, he shall refuse to enter the claimant's name in such register ;
(ii) if the claimant's qualification is so proved, he shall enter the claimant's name in such register.
(13) If any objection is made and is overruled by the registering officer and, in his opinion, the objection was made without reasonable cause, the registering officer may, if he thinks fit, order the objector to pay to the person in regard to whom objection has been made such sum not exceeding fifty rupees as the registering officer considers reasonable compensation for any loss of time Incurred by such person in consequence of the objection.
(14) If upon an objection being overruled, the objector appeals under section 15 to the revising officer and the appeal is dismissed, and in the opinion of the revising officer the appeal was made without reasonable cause, the revising officer may, if he thinks fit, order the objector to pay to the person in regard to whom objection has been made such sum not exceeding fifty rupees as the revising officer considers reasonable compensation for any loss of time incurred by such person in consequence of the appeal. If any appeal as aforesaid is allowed by the revising officer he shall have power to revise or cancel any order made by the registering officer for the payment of compensation by the objector.
(15) Any sum awarded as compensation under this section shall be recoverable as though the order of the registering officer or revising officer were a decree of court.
16.Any decision made by a registering officer under this section in respect of any claim or objection shall be communicated in writing to each claimant, applicant, objector or person in regard to whom objection has been made. Such communication may be sent by ordinary letter post.


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