Local Authorities (Special Provisions) Act 2007

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s 1Short title

This Act may be cited as the Local Authorities

(Special Provisions) Act, No. 55 of 2007.

s 2Provisions relating to nominations and deposits in respect of elections to a Municipal Council, and certain Urban Councils and Pradeshiya Sabhas

(1)

Nomination papers submitted, under section 28

of the Local Authorites Elections Ordinance (Chapter 262)

(hereinafter referred to as “the principal enactment”) in respect of elections to the Municipal Council, Urban

Councils and the Pradeshiya Sabhas specified respectively in Schedules I, II and III to this Act, in response to the

Notices published under section 26 of the principal enactment are hereby deemed to be of no force and effect and as if such nomination papers had never been submitted.

(2)

The Notices published under subsection (3) of section 38 of the principal enactment in respect of elections to the Municipal Council, Urban Councils and the Pradeshiya Sabhas specified respectively in Schedules

I, II and III to this Act, are hereby revoked.

(3)

Deposits made under section 29 of the principal enactment in respect of candidates nominated by an independent group for election to the Municipal Council the

Urban Councils or the Pradeshiya Sabhas specified respectively in Schedules I, II and III to this Act, shall notwithstanding anything to the contrary in section 30 of the principal enactment, be refunded, on the production by the person who made the deposit, of the receipt issued to such person under subsection (3) of section 29 of the principal enactment, together with interest on such deposit at the rate of twelve per centum, per annum, from the date of deposit to the date of refund.

s 3Steps to be commenced for holding of elections

Steps shall be commenced under the principal enactment, for the holding of elections to the Municipal

Council, Urban Councils and the Pradeshiya Sabhas specified respectively in Schedules I, II and III to this Act:

Provided that the notice of nomination in terms of the principal enactment shall be published on such date as the Minister may determine by Order published in the

Gazette. Such date shall however, be a date not later than six months from the date of the coming into operation of this Act.

s 4Displaced persons

(1)

Notwithstanding the provisions of any other law, any registered elector who reasonably fears that due to conditions prevailing in the area within which his polling station is situate, that he is unable to cast his vote freely at such polling station at an election held to elect members to the Municipal Council, five Urban Councils and twenty seven Pradeshiya Sabhas as specified respectively in Schedules I, II and III to this Act, may make an application in such format as specified by the

Commissioner of Elections (hereinafter referred to as the

“Commissioner”) within one week of notice of nominations, requesting that he be allowed to cast his vote at another polling station as may be determined by the

Commissioner in his absolute discretion.

(2)

The Commissioner shall within a week of receipt of an application, inform such elector whether such application is accepted or rejected. The decision of the

Commissioner shall be final and conclusive.

(3)

Upon the Commissioner deciding to accept the application of a registered elector made in terms of subsection (1) he shall forthwith inform such elector of the polling station at which he is eligible to cast his vote.

(4)

The Commissioner shall cause to be published a list of the names of the registered electors whose applications have been accepted in accordance with the provisions of subsection (2), by making copies thereof available for inspection at his office and at the relevant district offices.