Sri Lanka Consolidated Acts

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Presidential Elections Act (No. 15 of 1981) - Sect 88

Report exonerating Candidates in certain cases of corrupt and illegal practice by agent

88. Where, upon the trial of an election petition respecting an election under this Act, the Supreme Court reports that a candidate at such election has been guilty by his agents of the offence of treating or undue influence or of any illegal practice in reference to such election, and the Supreme Court farther reports, after giving the Attorney- Genera' an opportunity of being heard, that the candidate has proved to the court
(a) that no corrupt or illegal practice was committed at such election by the candidate or his agents and the offences mentioned in the said report were committed contrary to the orders and without the sanction or connivance of such candidate or his authorized agent; and
(b) that such candidate and his agents took all reasonable means for preventing the commission of corrupt and illegal practices at such election; and
(c) that the offences mentioned in the said report were of a trival, unimportant and limited character ; and
(d) that in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and of his agents,
then the election of such candidate shall not, by reason of the offences mentioned in such report, be void, nor shall the candidate be subject to any incapacity under this Act.


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