13. Section 34 of the principal enactment is hereby repealed and the following new section substituted therefor:-
| 34 The following provisions shall apply if on the day or nomination m any electoral district no more candidates stand nominated for that district than there are vacancies to be filled:
| | (a) Subject to the provisions of paragraph (6), the returning officer shall forthwith declare the nominated candidate or candidates to be elected and shall forthwith make a return, which shall be substantially in the form H in the First Schedule to this Order, to the Commissioner who shall cause the name or names of the Member or Members so elected to be published in the Gazette. | | |
| | (b) Where the returning officer is required by sub-section (6) of section 31 to make a reference to the Supreme Court for a decision on any objection taken to the nomination of such candidate or any such candidate,
| | | (i) the returning officer shall not act under paragraph (a) unless as a result of such reference being deemed to have abated or the decision of that Court on such reference which becomes final no such candidate or candidates cease to be nominated by virtue of the operation of subsection (8) of section 31; or |
| (ii) the returning officer shall, if as a result of such decision which becomes final such candidate or all such candidates so cease to be nominated, instead of acting under paragraph (a) commence or cause to be commenced all proceedings relating to the election afresh; or |
| (iii) the returning officer shall, if as a result of such decision which becomes final less candidates continue to stand nominated than there are vacancies to be filled, act under paragraph (a) only in respect of the candidates who so continue to stand nominated and commence or cause to be commenced all proceedings relating to the election afresh in respect of any vacancy that still remains to be filled.". |
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Sri Lanka Consolidated Acts