2023 Revised Edition

Contents

Constitution of the Democratic Socialist Republic of Sri Lanka · 2023 Revised Edition · Chapter XIV · The Franchise and Elections

89. Disqualification to be an elector

Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.

No person shall be qualified to be an elector at an election of the President, or of the Members of

Parliament or to vote at any Referendum, if he is subject to any of the following disqualifications, namely –

(a)

if he is not a citizen of Sri Lanka;

(b)

if he has not attained the age of eighteen years on the qualifying date specified by law under the provisions of Article 101;

(c)

if he is under any law in force in Sri Lanka found or declared to be of unsound mind;

(d)

if he is serving or has during the period of seven years immediately preceding completed serving of a sentence of imprisonment (by whatever name called)

for a term not less than six months imposed after conviction by any court for an offence punishable with imprisonment for a term not less than two years or is under sentence of death or is serving or has during the period of seven years immediately preceding completed the serving of a sentence of imprisonment for a term not less than six months awarded in lieu of execution of such sentence:

Provided that if any person disqualified under this paragraph is granted a free pardon such disqualification shall cease from the date on which the pardon is granted;

(e)

if a period of seven years has not elapsed since -

(i)

the last of the dates, if any, of his being convicted of any offence under section 52(1) or 53 of the Ceylon (Parliamentary

Elections) Order in Council, 1946, or of such offence under the law for the time being relating to Referenda or to the election of the President or of Members of

Parliament as would correspond to an offence under either of the said two sections;

(ii)

the last of the dates, if any, of his being convicted of a corrupt practice under the Ceylon (Parliamentary Elections)

Order in Council, 1946, or of such offence under the law for the time being relating to Referenda or to the election of the President or of Members of Parliament as would correspond to the said corrupt practice;

(iii)

the last of the dates, if any, being a date after the commencement of the

Constitution, of a report made by a

Judge finding him guilty of any corrupt practice under the Ceylon (Parliamentary

Elections) Order in Council, 1946, or under any law for the time being relating to Referenda or to the election of the

President or of Members of Parliament;

(iv)

the last of the dates, if any, of his being convicted or found guilty of bribery under the provisions of the

Bribery Act or of any future law as would correspond to the Bribery Act;

(f)

if a period of five years has not elapsed since -

(i)

the last of the dates, if any, of his being convicted of any offence under the provisions of sections 77 to 82 (both inclusive) of the Local Authorities

Elections Ordinance or for such offence under any future law as would correspond to any offence under the said sections; or

(ii)

the last of the dates, if any, of his being convicted of an offence under the provisions of sections 2 and 3 of the

Public Bodies (Prevention of Corruption)

Ordinance or of such offence under any future law as would correspond to the said offence;

(g)

if a period of three years has not elapsed since -

(i)

the last of the dates, if any, of his being convicted of an illegal practice under the Ceylon (Parliamentary Elections)

Order in Council, 1946, or of such offence under the law for the time being relating to Referenda or to the election of the President or of Members of

Parliament as would correspond to the said illegal practice;

(ii)

The last of the dates, if any, being a date after the commencement of the

Constitution, of a report made by a Judge finding him guilty of any illegal practice under the Ceylon (Parliamentary

Elections) Order in Council, 1946, or under any law for the time being relating to Referenda or to the election of the

President or of Members of Parliament;

(h)

if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81, and the period of such civic disability specified in such resolution has not expired;

(i)

if a period of seven years has not elapsed since -

(i)

the date of his being convicted of any offence under the provisions of sections 188 to 201 (both inclusive) of the Penal

Code or for such other offence under any future law as would correspond to any offence under the said sections; or

(ii)

the date of his being convicted of an offence of contempt against, or in disrespect of, the authority of any Special

Presidential Commission of Inquiry consisting of such member or members specified in Article 81 by reason of –

(1)

the failure of such person, without cause which in the opinion of such Commission is reasonable, to appear before such Commission at the time and place mentioned in any summons which such

Commission is empowered by law to issue; or

(2)

the refusal of such person to be sworn or affirmed, or the refusal or failure of such person, without cause which in the opinion of such Commission is reasonable, to answer any question put to such person touching the matters directed to be inquired into by such Commission; or

(3)

the refusal or failure of such person, without cause which in the opinion of such Commission is reasonable, to produce and show to such Commission any document or thing which is in the possession or power of such person and which in the opinion of such Commission is necessary for arriving at the truth of the matters to be inquired into by such Commission.

(j)

if the period of his disqualification imposed under 58[Article 116 or Article 111C, as the case may be] has not elapsed.

Read on from art 90

Chapter XIVA