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PUBLIC RECORD OFFICE
Reference :-
ELEC.O. 882/11
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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22. Article 19 reproduces old Article XIX (2) to (7) as amended by the Ceylon (Legislative Council) Amendment Order in Council, 1924.
23. Articles 20 to 24 represent old Articles XXVIII to XXXII. "Burgher" is now defined in Article 3.
24. In Articles 22 and 23 residence in Ceylon has been made a necessary qualification of a voter for the Commercial and Burgher Electorates.
25. Article 25 gives effect to the ruling under the present Order that a Muslim qualified to vote for the Indian Electorate cannot also vote for the Muslim Electorate.
26. Article 27 reproduces old Article XXXIII and gives effect to the ruling under the old Order that a voter for a communal constituency may also vote for a territorial constituency.
27. In Article 28 (1) (d) (Old Article XXVI) the literary qualification for Indian voters for the Indian Electorate has been modified by including ability to read and write an Indian vernacular language coupled with ability to speak and understand English, Sinhalese or Tamil. Article 28 (1) (ƒ) has been re-drafted so as to conform to Article 14 (1) (k). Article 28 (1) (g) gives effect to the disqualifica- tion resulting from the commission of a corrupt or illegal practice under Articles 77. 91 and 101 (3).
28. Article 29 reproduces old Article XXVII as amended by the Ceylon Legislative Council) Amendment Order in Council, 1924.
29. Article 30 gives effect to the ruling under the present Order that at a general election no person may vote in more than one territorial constituency.
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30. Article 31 reproduces old Article XX in a simplified form. The expres sion "registration district" has been substituted for electoral district" throughout, the latter expression being more usually used to designate the area of a constituency.
31. Old Article XXI is omitted as obsolete.
32.
33.
Article 32 represents old Article XXII.
Article 33 enabling a registering officer to seek the advice of Indians in compiling the Indian register is new.
34. Article 34 represents old Article XXIII (1) and (2). Paragraph (3) of old Article XXIII is incorporated in new Article 43 where it more properly belongs.
Article 35 reproduces old Article XXIV.
35.
36. Old Article XXV has been transferred to Article 57.
37. Article 36 reproduces rules 9 and 1 (b) and (e) and Form A in Schedule I to the old Order.
38. Article 37 reproduces rule 10 in the said Schedule I.
39. Article 38 reproduces rule 4 in the said Schedule I.
40. Article 39 reproduces rule 5 in the said Schedule I.
41. Articles 40 and 41 represent rules 6 and 7 in the said Schedule I. Para- graph (6) of Article 40 defines what is to be deemed prima facie proof of an objection following section 28 (10) of the Registration Act, 1878. Paragraph (8) specifically requires that in all cases, except claims with regard to the Burgher and Commercial Constituencies, the claimant must appear in person. Paragraph (9) is new, and gives power for the registering officer, where an objection which fails was frivolous and made without reasonable cause, to order the objector to pay compensation up to twenty rupees for the loss of time or expenses incurred by the person objected to.
42. Article 41 reproduces rule 7 in the First Schedule to the old Order. 43. Article 42 providing for sending notice by registered letter is new.
Article 43 reproduces old Article XXIII (3).
44.
45.
46.
Article 44 reproduces rule 11 (c) in the old First Schedule.
Article 40 giving power to appoint assistants to registering or revising
officers is new.
47. Article 46 reproduces old Article XVII (2) and Article XXXV.
The provision as to the 48. Article 47 reproduces old Article XXXIV.
appointment of a deputy returning officer on an emergency is new.
49. Article 48 reproduces rules 1 to 5 in Schedule TT to the present Order. Rule 6 is incorporated in Article 50 (2). It is now made clear that any number of nomination papers may be presented.
50. Article 49 reproduces rule 6A (as amended by the notification of 18th March, 1924). The deposit will be paid to the Colonial Treasurer through the returning officer, the present procedure of direct payment to the Colonial Treasurer By Article 49 (3) a candidate's being inconvenient in the case of late nominations.
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deposit will be forfeited if the number of votes polled by him does not exceed one- eighth of the total number of votes polled, for all constituencies except the Muslim Constituency, and one-eighth the total number of votes polled divided by the number of members to be elected in the case of the Muslim Constituency. The proportion of one-fourth originally fixed by the old Order was found to be too high. One-eighth was substituted by the notification dated 1st April, 1925. The new provision follows the English law (Representation of the People Act, 1918-Section 26).
The former Article 49 (5) reproduces the notification dated 1st April, 1925. provision, rule 6A (5), was found to give rise to difficulty in the case of the Indian and Muslim Constituencies where the cumulative vote is allowed.
51. Article 50 represents rules 6, 7 and 8 in Schedule 11 to the old Order. Article 50 (4) extends the time for examination of nomination papers until 1.30 p.m. Paragraph (3) requiring a copy of the nomination paper to be publicly posted is new, being founded on Rule 11 in the First Schedule to the Ballot Act, 1872.
The grounds on
52. Article 51 represents Rule 9 in the said Schedule II. which objection may be made to a nomination paper are now definitely stated. By paragraph (4) the decision of the returning officer allowing an objection will be subject to reversal on election petition. This follows Rule 13 in Schedule I to the Ballot Act. 1872.
Article 53 (2;
53. Article 52 represents the latter part of Rule 7 in the said Schedule II. 54. Article 53 (1) represents Rule 11 in the said Schedule II. requiring publication of the notice of withdrawal is new, being founded on Rule 10 in the First Schedule to the Ballot Act, 1872.
55. Article 54 represents Rule 10 in the said Schedule II as amended by the notification dated 19th February, 1924, and Rules 13 and 14.
56. Article 55 reproduces Rules 12. 13 and 14 in the Second Schedule to the old Order.
57. Article 56 reproduces Rule 15 in the Second Schedule to the old Order as amended by the notification dated 10th September, 1924, published in the Gazette Extraordinary of 11th September, 1924. Paragraph (2) is new, and enables several polling stations to be located in one building. Paragraph (3) conferring power for presiding officer to appoint a deputy in an emergency is new. Paragraph (4) con- ferring power on a returning officer to preside is new, being taken from Rule 47 in Schedule I to the Ballot Act, 1872.
58. Article 57 (1) reproduces old Article XXV. Article 57 (2) is necessary to give effect to Articles 77 (1), 91 (1), and 101 (3) imposing disqualifications for voting as a result of the commission of a corrupt or illegal practice. Following the English practice, the presiding officer will have no power to reject the vote (Article 57 (1)) which, however, will be struck off on an election petition (Article 104 (1) (e)).
59. Article 58 represents Rules 16. 17 and 18, in the said Schedule II as amended by the notifications of 4th and 30th April. 1924, and Rule 18 as amended by the notification of 18th March, 1924. Paragraph (5) giving power for the pre- siding officer to reject disturbers of the peace is new, being taken from Section 9 of the Ballot Act, 1872.
Article 59 represents Rule 20 in the said Schedule II.
60.
61.
Article 60 represents Rules 19 and 21 and Form B in the said Schedule II. 62.
Article 61 represents Rule 22 in the said Schedule TT as amended by the notification of 19th February. 1924. The wording of Article 61 (1) has been altered so as to confirm the legality of the use of the hallot stalls invented by Mr. Turner, C.C.S., and used in Colombo town at the last general election. Following the ruling given under the present Order, it has been expressly provided that a voter for the Burgher. Muslim, or Indian Constituencies may, if he so desires, give only one vote. Article 61 (3) is new, being taken from Rule 26 in Schedule I to the Ballot Act, 1872,
63. Article 61 (4) is new.
The third 64. Article 62 reproduces old Article XXXVI (2), (3) and (4). permissible question is added in consequence of Article 30 restricting plural voting.
65. Articles 63, 64 and 66 reproduce Rules 23 to 25 in the said Schedule TT. 66. Article 65 allowing a voter who has received his ballot paper before the closing of the poll to record his vote after the close of the poll gives effect to the decision in the Islington Election Petition (Rogers (Petitions) at page 109).
67. Article 67 elaborates and reproduces "Rules 26 and 28 to 33 in the said Second Schedule, paragraphs (3) and (4) being taken from Rules 33 and 34 in the