26. Amendment of section 65B of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Section 65B of the principal enactment is hereby amended as follows:—

(1)

by the repeal of subsections (2), (3), (4) and (5)

and substitution therefor of the following subsection:—

“(2) The total number of valid votes received by all the candidates of each recognized political party and independent group in a local authority area shall be divided by the total number of members to be elected and returned to the Local

Authority Area. The number resulting from such division (any fraction not being taken into account) shall hereinafter in this section be referred to as “the qualifying number”;

(2)

(i)

by the renumbering of subsection (6) as subsection (3);

(ii)

in the renumbered subsection (3) by the substitution for the words “the balance candidates of each recognized political party and independent group, shall then be divided by the qualifying number, in order to ascertain the number of persons entitled to be returned as members of that local authority in terms of subsection (1)

by such recognized political party or independent group, as the case may be.”, of the words “the candidates of each recognized political party and independent group in the respective local authority area shall then be divided by the qualifying number, in order to ascertain the number of persons entitled to be elected and returned as members of that local authority.”;

(3)

by the insertion of the following sub section after sub section (3):—

“(4) Upon ascertaining the number of candidates entitled to be elected and returned as members of that local authority by each recognized political party or independent group, as the case may be, in terms of subsection (3), if it is found that the number of members elected from such recognized political party or independent group for that local authority—

(a)

exceeds the number ascertained to be elected and returned as members under subsection (3), then such overhang shall be determined by the Commissioner of

Elections; or

(b)

falls short of the number ascertained to be elected and returned as members under subsection (3), then such additional number of members, shall be returned by the respective secretary of the recognized political party or leader of the independent group from the candidates of the First Nomination

Paper or the Additional Nomination

Paper other than the candidates who have been elected or are not disqualified to be a member under section 9.”;

Local Authorities Elections

(4)

(i)

by the renumbering of subsection (7) as subsection (5) of that section;

(ii)

in the renumbered subsection (5)—

(a)

by the substitution for the words and figure “specified in subsection (5)”, of the words and figure “specified in subsection (3)”;

(b)

by the substitution for the words and figure “determined under subsection (3)”, of the words and figure

“determined under subsection (4)”;

(c)

by the substitution for the words and figure “ascertained under subsection (6)”, of the words and figure

“ascertained under subsection (3)”;

(5)

(i)

by the renumbering of subsections (8) and (9) respectively as subsections (6) and (7) of that section;

(ii)

in the renumbered subsection (6) by the substitution for the words and figure “to return a member as ascertained under subsection (5), of the number of members that such recognized political party or independent group, as the case may be, is entitled to return and request such secretary or leader, as the case may be, to nominate from among the persons, whose names were included in the nomination paper” of the following:—

“to return such number of members as ascertained under subsection (3) of this section and subsection (3) of section 65AA, of the number of members including women members that such recognized political party or independent group, as the case may be, is entitled to be elected and returned from the candidates of the First Nomination Paper or the Additional Nomination Paper other than the candidates who have been elected or are not disqualified to be a member under section 9.”;

(6)

by the repeal of the marginal note to that section and the substitution therefor of the following:—

“Candidates entitled to be elected or returned.”.

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