462
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FORM A. (RULE 1.)
To the registering officer of.........................
I claim to have my name inserted in the list of persons entitled to vote for the election of a member to represent...
The following are particulars of my qualifications :—
Name in full
Nationality and Box
Address and Occupation
Age last Birthday
Qualifications*
Dated the...................
day of
19...... Signed
A.B.,
Claimant.
a.g., in case of European (Urban) Elastorats :-----
1. I have resided in the electoral district of Colombo for the whole of a period of six
months immediately prior to the...... day of 19...
• Here insert date
of notification in
Government
Casette calling
upon persons to send in claims for
registration under Rule 1.
2. I am pomosed of a clear annual income of not less than Rs. 600, and have possessed and enjoyed the same for the whole of the period of six months immediately prior to the said date.
3. I am able to read and write English,
SCHEDULE II.
RULES FOR THE ELECTION OF MEMBERS. (Article 36.)
1. Any person not ineligible for election under this order may be nominated as a candidate fo election.
2.--(a) Each candidate shall be nominated by means of a separate nomination paper signed by two persons, whose names are on the register of voters for the electorate for which the candidate seeks election, na proposer and seconder respec. tively: Provided that in the case of the Commercial Electorate, the duly appointed representative of any company or firm under rule 21 of this Schedule may sign a nomination paper as proposer or seconder, and shall thereupon be deemed, for the purpose of these rules, to be proposer or seconder, as the case may be.
(b) The written consent of the candidate must be annexed to, or endorsed on, the nomination paper.
3. The signatures of the proposer and seconder shall be attested by a Justice of the Peace or by a notary public.
4. Every nomination paper shall be in the form A annexed to these rules.
5. The returning officer shall, at any time between the date of the notification published under Article 35 of this Order and one o'clock in the afternoon of the day of election, supply a form or nomination paper to any registered voter requiring the same; but nothing in these rules shall render obligatory the use of a nomination paper supplied by the returning officer, so, however, that the paper be substantially in the form prescribed by these rules.
6. Every nomination paper subscribed and attested as aforesaid must be delivered] to the returning officer by the candidate or by his proposer or seconder on the day and at the place appointed for the election between 12 noon and 1 p.m.; and nomination. papers which are not duly delivered within that hour shall be rejected.
7. On the date appointed for the election of a member for any electorate, every candidate and his proposer and seconder and one other person selected by the candi. date, and no person other than the aforesaid, shall, except for the purpose of assisting the returning officer, be entitled to attend the proceedings during the time appointed
for the election.
8. The returning officer shall permit the candidates and their proposera and seconders and the person, if any, selected by the candidate as aforesaid to examine the nomination papers of candidates which have been received for their electorate,
9. Each candidate shall be described in the nomination paper in such a manner as in the opinion of the returning officer is calculated to sufficiently identify such candidate. No objection to a nomination paper on the ground of the description of the candidate therein being insufficient or not being in accordance with these rules shall be allowed or deemed valid, unless such objection is made to the returning officer or by some person at, or immediately after, the time of delivery of the nomination paper. The decision of the returning officer as to the sufficiency of any. nomination paper shall be final.
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10. If at one o'clock in the afternoon of the day appointed for the election for any electorate one candidate only is duly nominated, or if, in the case of the Bargher Electorate, there are two vacant seats, and only two candidates are duly nominated, the returning officer shall forthwith declare such candidate or candidates to be elected, and shall report such election to the Colonial Secretary, who shall cause the election to be published in the Government Gazette.
11. A candidate may before one o'clock on the day appointed for the election. but not afterwards, withdraw from the candidature by giving a notice to that effect signed by him to the returning officer.
12. If more candidates than one are duly nominated for any electorate, or if, in the case of the Burgher Electorate, there are two vacant seats, and more than two candidates are duly nominated, the returning officer shall adjourn the election for the purpose of taking a poll, and shall report to the Colonial Secretary the names of the candidates as described in their respective nomination papers.
13. Upon the receipt of such report the Governor shall cause to be published in the Government Gazette and also in such local newspapers as the Governor shall think fit, a notice specifying-
(a) The constituency for which a poll shall be taken;
(6) The date on which the poll will be taken, which shall not be less than fourteen days later than the date of publication of the notice in the Govern- ment Gazette:
(c) The names of the candidates as described in their respective nomination papers, and the names of their proposers and seconders;
(d) The places at which the poll will be taken, and the districts allotted to each polling station.
14. If after an election has been adjourned for the purpose of taking a poll one of the candidates nominated shall die before the poll has commenced, the Governor shall, upon being satisfied of the fact of such death, countermand the notice for the poll, and shall appoint in manner prescribed by Article 35 of this Order a fresh date for the election. In such case all proceedings with reference to the election shall be commenced afresh, provided that no fresh nomination shall be necessary in the case of a candidate who stood nominated at the time of the countermand of the poll.
15. The Governor shall appoint one or more persons, in these rules called presiding officers," to preside at each polling station. Each presiding officer shall be supplied with a copy of the register of voters residing in the district assigned to his polling station.
16. No person shall be admitted to vote at any polling station except the one allotted to him.
17. Unless the Governor, by notification in the Government Gazette, appoint any other hour, the poll shall open at nine o'clock in the forenoon and shall close at five o'clock in the afternoon of the same day.
18. The presiding officer shall keep order in His station and shall regulate the number of electors to be admitted at a time, and shall exclude all other persons, except the clerks, an agent for each candidate, and the constables on duty.
19. (1) Every ballot paper shall contain a list of the candidates described as in their respective nomination papers, and shall be in the form B annexed to these rules, or as near thereto as oircumstances permit, and shall be capable of being folded up. Each ballot paper shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face.
(2) The names and descriptions of the candidates sball, in the case of the con- atituencies referred to in sub-heads (i), (ii), and (iii) or Article 19 (1) of this Order, be in English, and in the case of the other constituencies mentioned in the said clause be in English, Sinhalese and Tamil,
20. (1) Every ballot box shall be so constructed that the ballot papers can be introduced therein, but cannot be withdrawn therefrom without the box being unlocked.
(2) The presiding officer, immediately before the commencement of the poll, shall show the ballot box empty to such persons, if any, as may be present in the polling station, so that they may see that it is empty, and shall then look it up and place his soal upon it in such a manner as to prevent it being opened without breaking the real, and shall place it in his view for the receipt of ballot papers, and keep it so looked and sealed.
21. (1) Immediately before a ballot paper is delivered to a voter it shall be stamped on the back or perforated with an official mark; and the number, name, and description of the voter, as stated in the copy of the register of voters, shall be called out, and the number of such elector shall be marked on the counterfoil, and a mark shall be placed in the register against the number of the elector to denote that he has received a ballot paper "but without showing the particular ballot paper which he has received.
Cz
PUBLIC RECORD OFFICE
I. I I. b b T
Reference :--
C.O. 882/10
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH--NOT TO
PUBLIC RECORD OFFICE, LONDONPage 481
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(2) In the case of a poll for the election of a member for the Commercial Electorate, the ballot paper shall be delivered, on his applying for the same, to the duly appointed representative of any company or firm which is registered as an elector for such constituency, and such representative shall, for the purposes of any of the provisions of these rules as to the manner of voting, be deemed to be an elector. The appointment of every such representative shall be in writing under the common seal of the company or under the name of the firm, as the case may be.
22.--(1) The sleator on receiving the ballot paper shall forthwith proceed to s place screened from observation, which shall be provided by the presiding officer and there mark his paper by placing the mark X opposite the name of the candidate whom he prefers, and fold it up so as to conceal his vote, and shall then put his ballot paper so folded up into the ballot box; he shall vote without undue delay, and shall quit the polling place as soon as he has put his paper into the ballot box.
(2) In the case of the Burgher Electorate, if there are two seats to be filled, the elector may give a vote to each one of the two candidates whom he prefers or may only vote for one candidate and give two votes for such candidate.
23. A voter who has inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering to the presiding officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (in these rules called a "Spoilt ballot paper ") and the spoilt ballot paper shall be immediately cancelled.
24. If a person representing himself to be a particular voter named on the register applies for a ballot paper after another person has voted as such elector, the Applicant shall, making and subscribing a declaration in the form hereinafter pro. vided, be entitled to mark a ballot paper in the same manner as any other voter, but the ballot paper (in this Order called "a tendered ballot paper ") shall be of a colour different from the other ballot papers; and instead of being put into the ballot box. shall be given to the presiding officer and indorsed by him with the name of the voter and his number in the register of voters, and set aside in a separate packet, and sball not be counted by the returning officer, and the name of the voter and his number on the register shall be entered on a list, in these rules called the "tendered voter list."
FORM OF DECLARATION,
I, A.B., of ........
................, solemnly and sincerely declare that I am the same person whose name appears as A.B., No..........
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31. When the counting of the votes has been completed, the returning officer shall forthwith declare the candidate to whom the greatest number of votes is given to be elected; provided that upon the application of any candidate or his agent a recount shall be made before the returning officer makes the declaration.
32. When an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of the candidates to be declared elected, the determination of the candidate to whom such one additional vote shall be deemed to have been given shall be made by lot in the presence of the returning officer in such manner as he shall determine.
33. Upon the completion of the counting, and after the result has been declared by him, the returning officer shall seal up the voting papers and all other documents relating to the election, and shall retain the same for a period of six months, and thereafter cause them to be destroyed, unless otherwise directed by order of the Governor.
34. The returning officer shall without delay report the result of the election to the Colonial Secretary, who shall cause the name of the member or members elected to be published in the Government Gazette.
this
FORM A (RULE 4). Nomination paper for*.
1. Name of candidate in full
2. Address
3. Occupation
4. Name of proposer
5. Name of seconder
Signed by the above-named..
day of........
19......
........... (proposer) in my presence
A.B. (a Justice of the Pesce or a Notary Public). Signed by the above-named
day of
19......
(seconder) in my presence this ......
C.D. (a Justice of the Peace or a Notary Public).
* Here insert a description of constituency.
FORM B.
463
Signed,
4.8.
Witness, C.D.,
Presiding Officer.
25. The presiding officer of each polling station, as soon as practicable after the close of the poll, shall, in the presence of the agents of the candidates, make up into separate packets, sealed with his own seal and the seals of the agents of the candidates who desire to affix their seals---
(a) The ballot box, unopened, but with the key attached; and
(b) The unused and spoilt ballot papers placed together; and
(c) The marked copies of the register of voters and the counterfoils of
the ballot papers; and
(d) The packet containing the tendered ballot papers and the tendered votes list;
and shall despatch such packets in safe custody to the returning officer.
COUNTING VOTES.
26. The returning officer shall make arrangements for counting the votes in the presence of an agent for each candidate as soon as practicable after he has received all the ballot boxes relating to any electorate, and for that purpose shall give notice in writing to the agent of each candidate of the time and place at which he will begin to count the votes.
27. Any ballot paper which has not on its back an official mark, or, except as provided by rule 22 (2), on which votes are given to more than one candidate, or on which anything except the number on its back is written or marked by which the vote can be identified, shall be void, and shall not be counted.
28. The returning officer shall endorse " rejected " on any ballot paper whiob he may reject as invalid.
29. The returning officer shall not open the sealed packet of tendered ballot papers, but shall retain the same, unless it is required for the purposes of an election petition under Article 37 of this Order.
30. The decision of the returning officer as to any question arising in respect of any ballot paper shall be final.
No.
Counterfoil,
Form of Ballot Paper.
NOTE. The counterfoil is to have a number to correspond with that on the back of the ballot paper.
No.............
Election for
Front.
1. A.B., of
2. C.D., of
3. E.F., of
4. G.H., of..
Back.
19......
NOTE. The number is to correspond with that on the counterfoil.
SCHEDULE III.
RULES AND ORDERS OF THE COUNCIL.
(Article 59.)
RULES AND ORDERS IN SPECIAL CASES.
Usages of House of Commons.
1. In all cases not herein provided resort shall be had to the rules forms, usages, and practions of the Commons House of Parliament of Great Britain and Ireland. which shall be followed so far as the same may be applicable to this Council, and not inconsistent with the following Rules and Orders, nor with the practice of this Council.
MEETINGS.
Times and places of sittings.
2-(a) The Council shall hold its sessions at such times and places as the Governor shall from time to time appoint.