Sri Lanka Consolidated Acts

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Presidential Elections Act (No. 15 of 1981) - Sect 87

Special provisions relating to punishment and incapacity for an illegal practice by an unsuccessful candidate at an election

87.
(1) Where an illegal practice is committed in connection with an election under this Act by any candidate who was not elected to the office of President at the election or with his knowledge or consent or by any of his agents, such candidate shall, on conviction by a Magistrate be liable to a fine not exceeding three hundred rupees :
(2) Every person who is convicted of an illegal practice under this section shall, by conviction, become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Act.
(3) A prosecution for an illegal practice under this section shall not be instituted against any candidate at an; election under this Act who was not elected to the office of President at such election
(a) except within the period during which an election petition could, if such candidate had been elected to the office of President at such election, have been presented against him in connection with his election ; and
(b) except by a person who would have the right to present such petition under section 93 ; and
(c) except with the sanction of the Attorney-General.
(4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected to the office of President at an election under this Act from being prosecuted for ass illegal practice in connection with such election under section 86.


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