472
PUBLIC
RECORD OFFICE
C.O.
Reference -
882/10
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHONOGRAPHIC | COPYRIGHT PHOTO GRAPH -NOT TO
PUBLIC RECORD OFFICE, LONDON
Qualification of joint owners.
Qualification of European
(Urban) Voters.
Qualification of
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otherwise than separately by reason only that the occupier is entitled to the joint use of some other part.
(4) Residence in an electoral district or the occupation of a house shall not be deemed to be interrupted for the purposes of this article by reason only of permission being given for the occupation of the house as a furnished house by some other person on a monthly tenancy or on a tenancy at will, or on a lease for a period not exceed- ing five months in the whole, or by reason only of notice to quit being served and possession being demanded by the landlord of the house or by reason only of the fact that such residence has been interrupted by absence in the performance of any duty accruing from or incidental to any office, service or employment held or under- taken by any person otherwise qualified to have his name entered on any register.
(5) The commencement of the preparation of the Register of Voters shall be deemed to be the date on which a notification is published in the Government Gazette calling upon all persons desirous of having their names entered in the Register of Voters to forward their claims to the registering officer.
XXVII. In the case of qualifying property possessed or occu- pied jointly by two or more persons, each such person not being a usufructuary mortgagee shall be qualified to have his name entered on the register of voters, provided the number of persons does not exceed the number obtained by dividing the annual value of such property by four hundred if it is situated within the limits of any Municipal, Local Board or Sanitary Board town, or of any Urban District Council, and by two hundred if situated elsewhere.
XXVIII. Any European not otherwise disqualified shall be qualified to have his name entered on the register of voters for the European (Urban) Electorate if he is resident within the municipal limits of Colombo, Kandy or Galle.
XXIX. Any European, not otherwise disqualified, shall be European (Rural) qualified to have his name entered on the register of voters for the European (Rural) Electorate if he is resident in Ceylon outside the Municipal limits of Colombo, Kandy or Galle.
Voters,
Qualification of voters for Com. mercial Con- stituency.
Qualification of Burgher Voters.
Qualification for
the Western
Province (Ceylon
Tamil) Con-
stituency.
Qualification of
constituencies.
XXX. Every Member of the Ceylon Chamber of Commerce, not otherwise disqualified, shall be qualified to have his name entered on the register for the Commercial Electorate.
XXXI. Any person, not otherwise disqualified, shall be qualified to have his name entered on the register of voters for the Burgher Electorate if he
(a) is the descendant in the male line of a European who, on or before the Fifteenth day of February, 1796, was in the service or under the rule of the Dutch East India Company of Ceylon, or is descended from any such descendant in the female line by marriage with a European; or
(b) is of legitimate birth, and is descended in the female line from any such descendant as aforesaid, and is able to speak, read and write the English language.
XXXII. Any Ceylon Tamil, not otherwise disqualified, shall be qualified to have his name entered on the register of voters for the Western Province (Tamil) Constituency if he is resident within the Western Province.
XXXIII. Any person, not otherwise disqualified, shall be voters for general qualified to have his name entered on the register of voters for any constituency mentioned in subheads (v) to (ix) (both inclusive) and (xi) to (xxviii) (both inclusive) of Article 19 (1) of this Order.
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جه نبار
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XXXIV. 1) The Governor shall from time to time appoint Returning
a fit and proper person to be the returning officer of each constituency, Officers. and may at any time cancel any such appointment.
(2) If any returning officer shall, by sickness or other cause, be prevented or disabled from acting, or shall refuse or neglect to act at any election, the Governor may at any time appoint some fit and
proper person to act in the place of such returning officer at such election.
(3) Every appointment of a returning officer shall be valid until his death, or until such appointment shall be cancelled by the Governor.
(4) Every appointment or cancellation of appointment of a returning officer shall be notified in the Government Gazette.
XXXV. (1) For the purpose of every general election of Notifications of Members of the Council, and for the purpose of the election of Members Election. to supply vacancies caused by death, resignation, or otherwise, the Governor shall, by notification in the Government Gazette, appoint
a convenient date, not being less than fourteen days after the publi- cation of the notification.
(2) Every such notification shall specify the place or places of election.
XXXVL--(1) Such elections shall be by ballot, and shall be held Procedure at in accordance with the procedure prescribed by the rules contained Elections. in Schedule II of this Order.
(2) The returning officer or any officer presiding at a polling booth may in his discretion, and shall, if required by any candidate, put to any voter, at the time of his applying for a ballot paper, the following questions or either of them, and no other :--
1st. Are you the same person whose name appears as A.B. on the Register of Voters now in force for this electorate? 2nd. Have you already voted, either here or elsewhere, for the election of a member for this electorate?
(3) If any person refuses to answer any such question so put to him, the returning or presiding officer may refuse to give him a ballot
paper.
(4) If any person wilfully makes a false answer to any such ques- tion so put to him, he shall be guilty of an offence and shall be liable on conviction to imprisonment of either description for any term not exceeding one year.
XXXVII.—(1) A petition complaining of an undue return or Eleation undue election of a Member of the Council, in this Order called an petitions. election petition, may at any time within fifteen days of the publica- tion of the result of such election in the Government Gazette, be presented to the Supreme Court by any one or more of the following persons, that is to say :-
i. Some person who voted or had a right to vote at the election to which the petition relates;
ii. Some person claiming to have had a right to he returned or elected at such election;
iii. Some person alleging himself to have been a candidate
at such election.
(2) Every election petition shall be tried by a Judge of the Supreme Court; and, at the conclusion of the trial, the Judge shall determine whether the Member of the Council whose return or election is complained of, or any other or what person, was duly returned or elected, or whether the election was void. and shall certify such determination to the Governor. Upon such certificate being given, such determination shall be final; and the return shall be confirmed or altered, or the Governor shall by notification, in manner herein- before provided, appoint another date for the election of a Member
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