Sri Lanka Consolidated Acts

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Parliament Elections Act (No. 1 of 1981) - Sect 25

Death of candidate or candidates after nomination

25.
(1) Whenever the death occurs of a candidate between the adjournment of the election for the purposes of the poll and the commencement of the poll, the Commissioner shall, upon being satisfied of the fact of such death, direct the returning officer to expunge the name of that candidate from the nomination paper and shall publish a notice in the Gazette stating the fact of such death and that, notwithstanding such death, the nomination paper with the omission of the name of the deceased candidate is valid in respect of the other candidates in the order in which their names appear in that nomination paper and that the poll shall be taken as specified in the notice published under section 24.
(2)
(a) Notwithstanding the provisions of subsection (1), where, between the adjournment of the election for the purposes of the poll and the commencement of the poll, the deaths occur of more than one-third of the number of candidates nominated by any recognized political party or independent group, the Commissioner shall, upon being satisfied of the fact of such deaths, direct in writing the secretary of such party or the group leader, as the case may be, by which the deceased candidates were nominated, to nominate such number of candidates as is equivalent to the number of deceased candidates.
(b) Upon the receipt of a direction under paragraph (a), the secretary of a recognized political party or the group leader shall, within three days of the receipt of such direction, inform the Commissioner of the names and addresses of the candidates nominated in pursuance of such direction, arranged in order of priority in such form as may be determined by the Commissioner.
(c) The Commissioner shall direct the returning officer to expunge the names of the deceased candidates from the nomination paper and to enter the names of the candidates nominated under paragraph (b) on such nomination paper immediately after the last name in such nomination paper. The Commissioner shall publish a notice in the Gazette stating the fact of the deaths of the candidates referred to in paragraph (a) and that, notwithstanding such deaths, the nomination paper with the omission of the names of the deceased candidates and with the inclusion of the names of the candidates nominated under paragraph (b) is valid and that the poll shall be taken as specified in the notice published under section 24.


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