Sri Lanka Consolidated Acts

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Development Councils Elections Act (No. 20 of 1981) - Sect 65

Filling of vacancies-

65.
(1) Where the office of a member of a Development Council becomes vacant due to death, resignation or any other cause the District Secretary shall inform the returning officer of the Development Council area the fact of the occurrence of such vacancy. The returning officer shall fill such vacancy in the manner hereinafter provided.
(2) If the office of the Chairman falls vacant, the returning officer shall declare elected as the Chairman from the nomination paper of the recognized political party or independent group to which the Chairman who vacated office belonged, the member whose name appears next after the name of such Chairman who vacated office.
(3) If the office of a member falls vacant due to death, resignation or other cause the returning officer shall declare elected as member the candidate whose name appears next after the last of the elected members in the nomination paper of the recognized political party or independent group to which the member who vacated office belonged.
(4) Upon the declaration of the Chairman or a candidate elected under subsection (2) or subsection (3) the returning officer shall forthwith make a return substantially in from L set cut in the First Schedule to this Act, to the Commissioner who shall cause the name of the Chairman or the name or the names of the member or members so declared elected to be published in the Gazette.
(5) Where all the candidates whose names appear in the nomination paper submitted by any recognized political party or independent group in respect of a Development Council area have been exhausted by election or otherwise and thereafter a vacancy occurs to be filled by a member nominated by such party or group, the returning officer of such Development Council area shall inform the Commissioner that there remains no candidate on the nomination paper of the party or group to which the member who vacated the seat belonged, to be declared elected to fill such vacancy.
(6) Upon the receipt of such information the Commissioner shall require the secretary of the recognized political party or the group leader of the independent group to which the member who vacated the seat belonged, to nominate a member of such party or group to fill the vacancy. Upon the receipt of such nomination the Commissioner shall declare such person to be a member for the Development Council in respect of which the vacancy occurred, and cause the name of the member so declared to be published in the Gazette.


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