Provincial Councils Elections (Amendment) Act 2017 · As enacted
22. Insertion of new sections 58A and 58B in the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The following new sections are hereby inserted immediately after section 58 of the principal enactment and shall have effect as sections 58A and 58B of that enactment:—
58A .
Upon the declaration under section 58, the additional members elected for all the electorates of the administrative district shall be apportioned in the manner hereinafter provided for in this section.
The total number of valid votes received by all the candidates of each recognized political party and independent group in the administrative district shall be divided by the total number of members to be elected and returned to Provincial Council from such
Administrative District. 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”.
“Election of members of
Provincial
Councils.
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The aggregate of the votes received by the candidates of each recognized political party and independent group in the respective electorates 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 the Provincial Council, from such administrative district. 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.
Upon ascertaining the number of candidates entitled to be elected and returned from such administrative district, as members of that Provincial Council, 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 from such administrative district for that
Provincial Council—
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
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 on the
Electorate List or the District List,
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other than the candidates who have been elected or are not qualified to be a member.
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 (3), there remains a further number of members to be returned under the proportional representation system as determined under subsection (4), 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 (3).
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 such number of members as ascertained under subsection (3) of this section, 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 Electorate List or the District List other than the candidates who have been elected or are not qualified to be members. The Secretary or Independent Group Leader as the case may be shall accordingly nominate the names of persons who are to be returned as members under that subsection.
The names of the candidates who are returned under this section shall thereafter be declared by the returning officer of the respective administrative district.
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The Commissioner shall ensure that twenty five per centum of the total number of members to be elected and returned from each administrative district within a Province shall be women members:
provided that, where the number constituting twenty five per centum of the total number of members is an integer and fraction, the integer shall be deemed to be the number which shall constitute twenty five per centum for the purpose of this section :
Provided further that a Provincial Council constituted in terms of this Act, shall not be deemed to be unlawful only by virtue of an inability to comply with the provisions of this subsection.
58B.
Number
Where the number of members elected from any recognized pilitical party or independent group for an administrative district results in an overhang and thereby exceeds the number ascertained to be elected and returned as members under subsection (3) of section 58A, the provisions of subsections (3) and (4) of this section shall not apply to such recognized political party or independent group.
Where any recognized political party or independent group has received less than twenty per centum of the total number of votes polled in an administrative district, then the provisions of subsections (3) and (4) of this section shall not apply to such recognized political party or independent group.
of members to be returned.
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the apportionment of women members to be elected and returned from each administrative district to each Provincial
Council from the recognized political parties and independent groups other than the political parties and the independent groups referred to in subsections (1) and (2) of this section, shall be determined by the Elections Commission, taking into consideration the number of valid votes polled by the other recognized political parties and independent groups within such administrative district, and the method of apportionment set out in Article 99A of the
Constitution of the Democratic Socialist
Republic of Sri Lanka shall mutatis mutandis apply thereto.
Where the number of women members elected for all electorates within an administrative district from any recognized political party or independent group, is less than the number apportioned in terms of subsection (3) of this section, then the shortfall in the number of members shall be returned from among the women candidates in the
Electorate List or the District List other than the women condidates who have been elected or are disqualified to be a member.”.