Sri Lanka Consolidated Acts

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Parliament Elections Act (No. 1 of 1981) - Sect 64

Filling of vacancies

64.
(1) Where the seat of a Member of Parliament becomes vacant as provided in Article 66 of the Constitution (other than paragraph (g) of that Article) or by virtue of the provisions of paragraph 13 (a) of Article 99 of the Constitution, the Secretary-General of Parliament shall inform the Commissioner who shall direct the returning officer of the electoral district which returned such Member to fill the vacancy as provided for under paragraph 13 (b) of Article 99 of the Constitution within one month of such direction.
(2) The returning officer shall forthwith after complying with the direction of the Commissioner, make a return, substantially in form M set out in the First Schedule to this Act to the Commissioner who shall cause the name of the Member so declared elected to be published in the Gazette.
(3) Where all the candidates whose names appear in the nomination paper submitted by any recognized political party or independent group in respect of an electoral district 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 electoral district 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.
(4) 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 electoral district 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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