Parliamentary Elections (Amendment) Act 2009 · As enacted
2. Amendment of section 7 of Act…
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
Section 7 of the Parliamentary Elections Act, No. 1
of 1981 (hereinafter referred to as the “principal enactment”)
is hereby amended by the repeal of subsections (4), (5), (6)
and (7) of that section and the substitution therefore of the following:—
“(4) (a) The Commission shall, before the thirty-first day of January of each year, publish a Notice calling upon the Secretary of a political party, other than a party which is already entitled to be treated as a recognized political party for the purpose of elections, to make a written application to the Commission, on behalf of that party within such period as may be specified in such notice, subject to the provisions of paragraphs (d)
and (e), that such party be treated as a recognized political party for the purpose of elections. The application shall also specify the approved symbol which such party wishes to have allocated to it, out of the available approved symbols, in the event such party is to be so treated.
The Commission shall at the beginning of every calendar year, cause to be published in the Gazette a
Notification containing a list of the names of all political parties entitled to be treated as recognized political parties for the purpose of elections.
The Secretary of a political party shall, at the time an application is made under paragraph (a), furnish to the Commission a copy of the Constitution of such party and a list of office bearers, an audited statement of accounts and the contemporary policy statement of such party.
In order to guarantee better representation of women in political parties and in politics, every recognized political party shall ensure the inclusion of one or more women office bearers in the list of office-bearers of such party.
Nothing in paragraph (a) of this subsection shall be read or construed as enabling the Commission to call for applications from political parties for recognition for the Secretary of a political party to make an application under that paragraph at any time during any of the following periods, that is to say, the period—
commencing on the date of a Proclamation dissolving Parliament or of an Order requiring the holding of an election under this Act and ending on the date of poll specified in such
Proclamation or Order ; or
commencing on the date of an Order made under section 2 of the Presidential Elections
Act, No. 15 of 1981 and ending on the date of poll fixed by that Order ; or
commencing on the date of a Notice under section 10 of the Provincial Councils
Elections Act, No. 2 of 1988, relating to an election under that Act and ending on the date of poll specified for that election in an
Order made under section 22 of that Act ; or
commencing on the date of a Notice under section 26 of the Local Authorities Elections
Ordinance (Chapter 262) relating to an election under that Ordinance and ending on the date of poll specified in a Notice under section 38 of that Ordinance ; or
commencing on the date of a Proclamation issued under section 2 of the Referendum Act,
No. 7 of 1981 and ending on the date of poll appointed by that Proclamation.
If paragraph (d) is in operation during the month of January of any year Commission shall publish the Notice as specified in paragraph (a) after the expiration of a period of thirty days from the date of poll, calling for applications for the recognition of eligible political parties.
Where an application made under paragraph (a)
in respect of a political party is disallowed by the
Commission, no application shall be made under that subsection in respect of that political party until after the expiration of a period of one year from the date of the Order disallowing the such application.
Upon receipt of an application duly made under subsection (4) on behalf of any political party, the
Commission shall, after such inquiry as it may deem fit —
if in the opinion of the Commission such party is a political party and is capable of contesting elections under this Act ; and
if the Commission is satisfied that—
such party has been engaged in political activities for a continuous period of at least four years prior to the date of the making of such application; or
(A) out of at least two candidates nominated by such party at least one was successful at the last Parliamentary general election held immediately preceding the date of the application of such party; or
out of at least five candidates nominated by such party for five different Provincial
Councils at least three were successful at the last provincial elections held immediately preceding the date of application of such party, the Commission may make Order—
that such party shall be entitled to be treated as a recognized political party for the purpose of elections, subject however, to the provisions of this Act ;
allotting an approved symbol to such party, being the approved symbol which the political party wishes to have allocated to it out of the approved symbols, determined by the
Commission in its absolute discretion, but not being the approved symbol of any other political party which is entitled to be so treated.
A political party shall not be entitled to be treated as a recognized political party under paragraph (a) of subsection (5) if its name is identical with the name of any party which is already entitled to be treated as a recognized political party or in the opinion of the
Commission so nearly resembles such name as to be calculated to mislead, confuse or deceive.
The Order of the Commission made under subsection (5) on any application made under subsection (4) shall be final and shall not be called in question in any court.
For the purposes of subsection (5) of this section, the words “such party” shall include a constituent party of a party which is formed, based on a political alliance.”.