231
6
6. As to paragraph 9 of the Chief Justice's letter, power to give relief against the consequences of treating and undue influence is contained in Article 92 of the draft Order.
7. As to paragraph 10 of the Chief Justice's letter, Article 96 (c) of the draft Order provides for the avoidance of an election by reason of an illegal practice, power to grant relief being contained in Articles 93 and 94.
8. As to paragraph 11 (a) of the Chief Justice's letter, power for a Judge of the Supreme Court to order the inspection and production of ballot papers and other documents relating to an election is given by Article 67 (10) of the new draft. The Chief Justice's reference to a ballot box seems to be a mistake, as counted ballot papers are not returned to the ballot box.
9. As to paragraph 11 (b), the error is corrected in Article 70 of the draft Order.
10. As to paragraph 12 (a) of the Chief Justice's letter, I think that in Ceylon seven years will be a sufficient period of disqualification for bribery. The limitation of the period of disqualification is, in my opinion, preferable to giving to the Court a discretion to grant relief against the consequence of bribery.
11. As to paragraph 12 (b), Article 77 (1) of the new draft fixes the period of disqualification for a corrupt practice at seven years the same period as under the present Order (Articles XLIV to XLVI). This will usually have the effect of dis- qualifying the unseated candidate for one general election only. I do not think it is advisable to reduce the period.
12. As to paragraph 12 (c), power to inflict a fine instead of imprisonment is given by Articles 71 and 72 of the draft Order.
13. As to paragraph 12 (d), these offences (corrupt practices) will under Article 77 of the draft Order he triable by a District Court only.
14. As to paragraph 13. the alterations required are so numerous that it is, in my opinion, impracticable to effect them by rules.
15. I suggest the draft should be dealt with as follows:-
(a) Circulate in Executive Council.
(b) Print both draft Order in Council and explanatory memorandum without
waiting for answers to the letters suggested in paragraph 2.
(c) Send draft Order in Council and explanatory memorandum to Secretary of State for approval of the draft Order in Council and of the procedure indicated below.
(d) After approval by Secretary of State. lav on table of Legislative Council with explanatory memorandum and an intimation that any observations thereon received within one month will be considered.
16. The draft Order in Council, so far as it relates to the procedure at elections, has heen settled after consultation with the Director of Statistics.
I am, &c..
Sub-enclosure 1 in Enclosure 2.
L. H. ELPHINSTONE,
Attorney-General.
DRAFT CEYLON (LEGISLATIVE COUNCIL) ORDER IN COUNCIL, 1926.
Explanatory Memorandum.
As a result of experience gained since the issue of the Ceylon (Legislative Council) Order in Council, 1923, it is considered advisable that the duties and liabilities of candidates and officials concerned with elections and the registration of voters should be more fully defined. Accordingly the new draft Order embodies considerably more registration and election law than was in the Order of 1923, and will, it is hoped, be found to be a sufficient guide for candidates and officials in all The new Order also remedies circumstances which are ordinarily likely to arise. various technical defects which were found to exist in the old Order, and consolidates in a condensed form the Ceylon (Legislative Council) Order in Council, 1923, the Ceylon (Legislative Council) Amendment Order in Council, 1924, His Excellency the Governor's five Proclamations dated 19th February. 1924, the rules, dated 17th March, 1924, made under Article XXXVIII. and the rules dated 16th May, 1924, as to election petitions.
7
2. In Article 3 the definition of "Indian" has been altered so as to include a person speaking an Indian vernacular language who or whose father or paternal grandfather was born in India.”
3. The definition of "candidate "is new, being adapted from Section 63 of the Corrupt Practices Act, 1883.
4. Old Article IV is omitted as spent.
5. In Article 6 (old Article VII)" thirty-four" is substituted for "twenty- nine" as the number of elected members in consequence of the provision made by the two Proclamations of 19th February, 1924, for the election of the Muslim and Indian members. For the same reason paragraphs (2) and (3) of old Article VII are omitted-see new Article 18 (v) and (vi).
6. Old Article VIII is reproduced in Article 10.
7. Article 7 (old Article IX) makes the following alterations in the precedence of members, viz. (a) A member who is re-elected or re-appointed will take precedence according to the date of his original election or appointment, notwithstanding that an interval may have elapsed between the time when he vacated his seat and the time of his re-election or re-appointment. (b) At meetings of Council the elected Vice- President is given precedence over all other members. Article 7 (3) incorporates the Order made by the Governor in Executive Council on 13th October, 1924, as to the designation of the communal members.
8. In Article 8, paragraph (2) of old Article X is omitted as obsolete.
Article 9 reproduces old Article XI.
9.
10. In Article 10 (old Article VIII) the words "in manner hereinafter men- tioned" have been substituted for "in pursuance of the power hereinafter vested in him." the latter words having the effect of restricting the Governor's power of making provisional appointments to the cases mentioned in old Article XIII (not reproduced in this Order).
11.
Article 11 reproduces old Article XII.
12. Old Article XIII (1), giving power to the Governor to make provisional appointments in the place of nominated members permanently vacating their seats, is omitted, such power being included in the wider power contained in Article 10. Old Article XIII (2) and (3) are incorporated in Article 13 (1) and (2).
13. Article 12 reproduces old Article XIV (1). Paragraphs (2) and (3) of old Article XIV are incorporated in Article 13.
14. Article 13 contains a general provision as to the manner and effect of pro- visional appointments.
15.
Article 14 reproduces old Article XV altered by incorporating the dis- qualifications imposed by old Article XVII. Under old Articles XV and XVII, while a person who, after election, became a Government contractor vacated his seat, yet a person who at the date of his election was a Government contractor was n disqualified for election. For a similar reason Article 14 (1) (d) renders citizenship of a foreign power a disqualification for election. Article 14 (1) (j) makes com- mission of a corrupt or illegal practice a disqualification for the prescribed period- see Articles 77 (1) and 91 (1). Article 14 (1) (k) is already covered by Articles 14 (1) (q) and 28 (1) (f). But in view of its importance it seems advisable that it should be repeated at length in Article 14. Article 14 (5) (defining Government contractor) is taken from old Article XVII (1).
16. Árticle 15 reproduces old Article XVII revised so as to fit new Article 14. The new Article makes it clear that subsequent disqualification on any ground vacates the seat.
17. Old Article XVII (2) is reproduced in Article 46.
18. Article 16 reproduces old Article XVIII. Paragraph (2) of Article XVIII is omitted, the matter being already provided for by Section 3 (19) of Ordinance No. 21 of 1901 and Article 3 (2).
19. Article 17 (old Article XVI) has been revised so as to impose a penalty for sitting or voting before taking the oath of allegiance. The penalty will now in all cases be recoverable in the District Court of Colombo.
20. In Article 18 (old Article XIX) the Muslim and Indian Constituencies are now included. The word "constituency" has been substituted for "electorate in the designations of the communal constituencies as being the more convenient word. The designations of the members for the various constituencies are also given in the new Article.
21. Article 18 (2) and (3) give effect to the ruling under the present Order that a communal electorate can only elect a member of their own community.
I
PUBLIC RECORD OFFICE
Reference :--
TTILIC.O.882/11
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-| COPYRIGHT PHOTOGRAPH-NOT TO
No comments yet.
Private notes are available after approval.