Sri Lanka Consolidated Acts

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Presidential Elections Act (No. 15 of 1981) - Sect 14

Objections to nomination papers

14.
(1) Objection may be made to the nomination papers of a candidate by any rival candidate or the person who has signed the nomination paper of such rival candidate on the ground
(a) that it is apparent from the contents of the nomination paper that the candidate is not qualified to be elected as President;
(b) that, by reason of his conviction for a corrupt or illegal practice or by reason of the report of an Election Judge under the Ceylon (Parliamentary Elections) Order in Council, 1946, or the Parliamentary Elections Act, 1981, or by reason of the report of the Supreme Court under this Act, the candidate is not qualified to be elected as President, 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, or an order supported, in any case where there was an appeal against such conviction, by a copy of the order of the Court of Appeal or 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 the provisions of the aforesaid laws, shall be conclusive proof of such disqualification ;
(c) that civic disability has been imposed on the candidate by Parliament in terms of Article 81 (1) of the Constitution, and for the purposes of this paragraph a copy of the resolution referred to in that Article certified under the hand of the Secretary-General of Parliament shall be conclusive proof of such imposition.
(2) No objection to a nomination paper shall be allowed unless it is made to the Commissioner between 8 a.m. and 11.30 a.m. on the day of nomination.
(3) Every objection shall be in writing signed by the objector and shall specify the ground of objection.
(4) The Commissioner shall, with the least possible delay, decide on the validity of every objection taken on the ground referred to in paragraph (a) of subsection (1), and inform the candidate concerned of his decision, and of the grounds therefor if such decision allows the objection.
(5) The decision of the Commissioner if disallowing the objection taken on the ground referred to in paragraph (a) of subsection (1) shall be final; but if allowing such objection shall be subject to reversal on an election petition.
(6) The Commissioner shall refer any objection taken on any ground referred to in paragraph (b) or paragraph (c) of subsection (1) for the decision of the Supreme Court.
(7) Every reference under subsection (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 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 five Judges of the Supreme Court after such summary inquiry as the Supreme Court may deem requisite within a period of seven days after the date of the receipt of such reference.
(8) Where the Commissioner is required by subsection (6) to refer any objection taken under paragraph (b) or para graph (c) of subsection (1) to the nomination of the candidate concerned for the decision of the Supreme Court, such candidate shall for the purposes of this Act, be a candidate who stands nominated on the day of nomination and shall cease to be a candidate so nominated if, but only if, a decision if any, of that Court allows the objection. The Commissioner shall so act under this Act as to give force and effect to the preceding provisions of this subsection.
(9) The provisions of subsections (6) and (8) shall not apply in the event of the Commissioner allowing any objection against a candidate concerned on the ground referred to in paragraph (a) of subsection (1).


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