46. Insertion of new section 65B in the principal enactment

The following new section is hereby inserted immediately after section 65A of the principal enactment and shall have effect as section 65B of that enactment :—

65B. (1) Upon the declaration under section 65, all the members elected for all the wards of the electoral area, the number of members for that local authority to be returned under paragraph (b) of subsection (1) of section 5 of

"Declaration of members to be elected to a multi member ward.

"Candidates entitled to be returned to represent electors who have not secured any representaion the Municipal Councils Ordinance (Chapter

252) paragraph (b) of subsection (1) of section 5 of the Urban Councils Ordinance (Chapter

255) or paragraph (b) of subsection (1) of section 4 of the Pradeshiya Sabha Act, No. 15 of 1987, as the case may be, shall be apportioned in the manner hereinafter provided for in this section.

The total number of votes received by all the candidates of each recognized political party and independent group, excluding the votes polled by:—

those candidates who were declared elected as members of each ward under section 65; and

those candidates of each recognized political party and independent group, who received less than one-twentieth of the total number of valid votes polled in the ward in which such candidate contested,

The number of members to be returned in terms of subsection (1) shall, where the percentage determined under subsection (2):—

exceeds thirty per centum, shall be thirty per centum of the total number of members to be elected to all the wards of that local authority area, under this section; or

is less than thirty per centum, shall be equal to that percentage of the number of members to be elected to all the wards of that local authority area, under this section.

Where the number constituting thirty per centum referred to in subsection (3) is an integer and fraction, the integer shall be deemed to be the number which shall constitute such thirty per centum, for the purpose of that subsection.

The number of members to be returned as determined under subsection (3), shall be apportioned among the recognized political parties and independent groups which contested in that election, by dividing the aggregate of the total valid votes polled by the balance candidates by the number of members entitled to be returned as determined under that subsection. 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”.

The aggregate of the votes received by 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. Where the number ascertained by this method is an integer and a fraction, the integer shall be deemed to be the number for the purpose of this subsection.

Where at the conclusion of ascertaining the number of members to be returned by any recognized political party or independent group on the method specified in subsection (5), there remains a further number of members to be returned under the proportional representation system as determined under subsection (3), such remaining number shall be allocated on the basis of the highest fraction received by each recognized political party or independent group, as ascertained under subsection (6).

The returning officer shall inform the secretary of the recognized political party or the leader of the independent group, as the case may be, which is entitled 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 under paragraph (b)

The names of the candidates who are returned under this section shall thereafter be declared by the returning officer of the respective electoral area.”.