Constitution of the Democratic Socialist Republic of Sri Lanka · 2023 Revised Edition · Chapter XIV · The Franchise and Elections
99. Proportional Representation
Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.
Unofficial copyFrom Parliament of Sri Lanka, unchanged
73[(1) At any election of Members of Parliament, the total number of members which an electoral district is entitled to return shall be the number specified by the
Commissioner of Elections in the Order published in accordance with the provisions of paragraph (8) of Article 98.
Every elector at an election of Members of
Parliament shall, in addition to his vote, be entitled to indicate his preferences for not more than three candidates nominated by the same recognized political party or
Independent group.
Any recognized political party or any group of persons contesting as independent candidates (hereinafter referred to as an “independent group”) may for the purpose of any election of Members of Parliament for any electoral district, submit one nomination paper setting out the names of such number of candidates as is equivalent to the number of members to be elected for that electoral district, increased by three.
Each elector whose name appears in the register of electors shall be entitled to only one vote notwithstanding that his name appears in the electoral register in more than one electoral district.
The recognized political party or independent group which polls the highest number of votes in any electoral district shall be entitled to have the candidate nominated by it, who has secured the highest number of preferences, declared elected.
Every recognized political party and independent group polling 74[less than one twentieth of the total votes] polled at any election in any electoral district shall be disqualified from having any candidates of such 73 - Substituted by the Fourteenth Amendment to the Constitution Sec. 7.
74 - Substituted by the Fifteenth Amendment to the Constitution Sec. 4(1).
party or group being elected for that electoral district.
The votes polled by the disqualified parties and independent groups, if any, shall be deducted from the total votes polled at the election in that electoral district and the number of votes resulting from such deduction is hereinafter referred to as the “relevant numbers of votes”.
The relevant number of votes shall be divided by the number of members to be elected for that electoral district reduced by one, if the number resulting from such division is an integer, that integer, or if that number is an integer and fraction, the integer immediately higher to that integer and fraction is hereinafter referred to as the
“resulting number”.
The number of votes polled by each recognized political party and independent group (other than those parties or groups disqualified under paragraph (6) of this
Article) beginning with the party or group which polled the highest number of votes shall then be divided by the resulting number and the returning officer shall declare elected from each such party or group, in accordance with the preferences secured by each of the candidates nominated by such party or group (the candidate securing the highest number of preferences being declared elected first, the candidate securing the next highest number of preferences being declared elected next and so on)
such number of candidates (excluding the candidate declared elected under paragraph (5) of this Article) as is equivalent to the whole number resulting from the division by the resulting number of the votes polled by such party or group. The remainder of the votes, if any, after such division, shall be dealt with if necessary, under paragraph (9) of this Article.
Where after the declaration of the election of members as provided in paragraph (8) of this Article there are one or more members yet to be declared elected, such member or members shall be declared elected by reference to the remainder of the votes referred to in paragraph (8) to the credit of each party or group after the declaration made under that paragraph and the votes polled by any party or group not having any of its candidates declared elected under paragraph (8), the candidate nominated by the party or group having the highest of such votes, who has secured the highest or next highest number of preferences being declared elected a member and so on until all the members to be elected are declared elected.
Where the number of votes polled by each recognized political party or independent group is less than the resulting number referred to in paragraph (7) of this Article the party or group which has polled the highest number of votes shall be entitled to have the candidate, nominated by that party or group (excluding the candidate declared elected under paragraph (5) of this Article) who has secured the highest number of preferences declared elected and if there are one or more members yet to be declared elected, the party or group having the next highest number of votes polled shall be entitled to have the candidate nominated by that party or group who has secured the highest number of preferences declared elected and so on, until all the members to be elected for that electoral district are declared elected under the provisions of this paragraph.
After the determination under paragraph (a)
if there are one or more members yet to be declared elected in respect, of that electoral district the provisions of that paragraph shall mutatis mutandis, apply to the election of such members.
Where under paragraph (5) or (9) or (10) of this Article an equality is found to exist between the votes polled by two or more recognized political parties or two or more independent groups or any combination of them and the addition of a vote would entitle the candidate of one such party or group to be elected, the determination of the party or group to which such additional vote shall be deemed to have been given shall be made by lot.
For the purposes of this Article the number of votes polled shall deemed to be the number of votes counted other than rejected votes.
Where a Member of Parliament ceases, by resignation, expulsion or otherwise, to be a member of a recognized political party or independent group on whose nomination paper (hereinafter referred to as the “relevant nomination paper”) his name appeared at the time of his becoming such Member of Parliament, his seat shall become vacant upon the expiration of a period of one month from the date of his ceasing to be such member:
Provided that in the case of the expulsion of a
Member of Parliament his seat shall not become vacant if prior to the expiration of the said period of one month he applies to the Supreme Court by petition in writing, and the Supreme Court upon such application determines that such expulsion was invalid. Such petition shall be inquired into by three Judges of the Supreme Court who shall make their determination within two months of the filing of such petition. Where the Supreme Court determines that the expulsion was valid the vacancy shall occur from the date of such determination.
Where the seat of a Member of Parliament becomes vacant as provided in Article 66 (other than paragraph (g) of that Article) or by virtue of the preceding provisions of this paragraph the candidate from the relevant recognized political party or independent group who has secured the next highest number of preferences shall be declared elected to fill such vacancy.]
75 - Repealed by the Fifteenth Amendment to the Constitution Sec. 4(2).
76 - Inserted by the Fourteenth Amendment to the Constitution Sec. 8.
75[(14) Repealed]
Chapter XIVA
Election Commission
Chapter XV
The Judiciary
Chapter XVA
Judicial Service Commission
Chapter XVI
The Superior Courts
Chapter XVII
Finance
Chapter XVIIA
146[CHAPTER XVII a
Chapter XVIII
Public Security
Chapter XVIIIA
National Police Commission
Chapter XIX
The Parliamentary Commissioner for Administration
Chapter XIXA
Commission to Investigate Allegations of Bribery or Corruption
Chapter XIXB
National Procurement Commission
Chapter XX
General
Chapter XXI
Transitional Provisions
Chapter XXII
Interpretation
Chapter XXIII
Repeal
Chapter XXIV