23. The following new section is hereby inserted immediately after section 58A, and shall have effect as section 58D, of the principal enactment:
| 58B.
| | (1) Where a corrupt practice is committed in connection with any election under this Order 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 a District Court be liable, in the case of the offence of personation, to imprisonment for a term not exceeding twelve months, and, in any other case, to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment: | | |
| | (2) Every person who is convicted of a corrupt practice under this section shall, by conviction, become incapable for a period of seven years from the date of his conviction of being registered as an elector or of voting at any election under this Order or of being elected or appointed as a Senator or Member of Parliament, and if at that date he has been so elected or appointed, his election or appointment shall be vacated from the date of such conviction. | | |
| | (3) A prosecution for a corrupt practice under this section shall not be instituted against any candidate at any election under this Order 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 a right to present such petition under section 79; and |
| (c) except with the sanction of the Attorney-General. |
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| | (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 any election under this Order from being prosecuted for a corrupt practice in connection with such election under section 58.". | | |
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Sri Lanka Consolidated Acts