11. Section 31 of the principal enactment is hereby amended as follows:
| (1) in sub-section (1) of that section
| | (a) by the substitution, in paragraph () of that sub-section, for the word " observed. ", of the word " observed ; "; and | | |
| | (b) by the insertion, immediately after paragraph {d) of that sub-section, of the following new paragraph:
| | | " (e) that, by reason of his conviction for a corrupt or illegal practice or by reason of the report of an Election Judge in accordance with the law for the time being in force relating to the election of Members of Parliament, the candidate is not capable of being elected as such a Member, and, for the purposes of this paragraph, a copy of the judgment or order of the court by which he was so convicted certified by the officer of the court having custody of such judgment or order supported, in any case where there was an appeal against such conviction, by a copy of the order of the Supreme Court on such appeal affirming such judgment or order, or a copy of or an extract from the Gazette in which such report is published as required by sub-section (2) (a) of section 82d, shall be conclusive proof of such incapacity."; |
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| (2) in sub-section (2) of that section by the substitution, for the expression " twelve noon and one-thirty o'clock in the afternoon ", of the expression " ten o'clock and eleven-thirty o'clock in the morning "; |
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| (3) by the substitution, for sub-section (4) of that section, of the following new sub-section:
| | (4) The returning officer shall with the least possible delay decide on the validity of every objection, other than any objection taken on any ground referred to in paragraph (e) of sub-section (1), and inform the candidate concerned of his decision, and of the grounds therefor if such decision allows the objection. "; and | | |
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| (4) by the insertion, immediately after sub-section (4) of that section, of the following new subsections :
| | " (5) The decision of the returning officer if disallowing the objection taken on any ground, other than any ground referred to in paragraph (e) of sub-section (1), shall be final; but if allowing such objection shall be subject to reversal on an election petition. | | |
| | (6) The returning officer shall refer any objection taken on any ground referred to in paragraph (e) of sub-section (1) for the decision of the Supreme Court. | | |
| | (7) Every reference under sub-section (6) on any objection taken to the nomination of the candidate concerned
| | | (a) shall be made by petition in writing which shall be free of stamp duty; |
| (b) shall be made within a period of three days after the day of nomination; |
| (c) shall specify the names and addresses of the returning officer, the objector and the candidate concerned; |
| (d) shall be accompanied by a copy or copies of the relevant document or documents on which the objection is based; and |
| (e) shall be heard and decided by a Judge of the Supreme Court after such summary inquiry as that Judge may deem requisite within a period of ten days after the date of the receipt of such reference. |
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| | (8) Where the returning officer is required by sub-section (6) to refer any objection taken under paragraph (e) of sub-section (1) to the nomination of the candidate concerned for the decision of the Supreme Court, such candidate shall, for the purposes of this Order, be a candidate who stands nominated on the day of nomination, and shall cease to be a candidate so nominated if, but only if, the decision, if any, of that Court which becomes final as herein before provided allows the objection. The returning officer shall so act under this Order as to give force and effect to the preceding provisions of this sub-section. | | |
| | (9) The provisions of sub-sections (6) to (8) shall not apply in the event of the returning officer allowing any objection against the candidate concerned on any ground, other than the ground referred to in paragraph (e) of sub-section (1). ". | | |
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Sri Lanka Consolidated Acts