80
The Constitution of the Democratic Socialist Republic of Sri Lanka
75
[CHAPTER XIVA
ELECTION COMMISSION
Election
Commission
103. 76[(1) There shall be an Election Commission (in
this Chapter referred to as the “Commission”) consisting
of five members appointed by the President subject to the
provisions of Article 41A, from amongst persons who have
distinguished themselves in any profession or in the field of
administration or education. One of the members so appointed
shall be a retired officer of the Department of Elections or
Election Commission, who has held office as a Deputy
Commissioner of Elections or above. The President shall
appoint one member as its Chairman.]
(2) The object of the Commission shall be to conduct free
and fair elections and Referenda.
(3) No person shall be appointed as a member of the
Commission or continue to hold office as such member if he is
or becomes a member of Parliament, a Provincial Council or a
Local Authority, or is or appointed a judicial officer or public
officer, or is or enters into the employment of the State in any
capacity whatsoever.
(4) The provisions of the Constitution and any other
law relating to the removal of judges of the Supreme Court and
the Court of Appeal from office shall, mutatis mutandis, apply to
the removal of a member of the Commission from office.
(5) A member of the Commission who without obtaining
prior leave of the Commission, absents himself from three
consecutive meetings of the Commission, shall be deemed to
have vacated office with effect from the date of the third of
such meetings.
(6) A member of the Commission shall hold office for a
period of five years from the date of appointment, unless he
becomes subject to any disqualification under paragraph (3) of
this Article or earlier resigns from office by writing addressed
to the President or is removed from office under paragraph (4)
of this Article, or is convicted by a court of law of any offence
involving moral turpitude, or if a resolution for the imposition
of civic disability upon him has been passed in terms of Article
81 or is deemed to have vacated office under paragraph (5) of
this Article.
75 - New Chapter XIVA (Articles 103-104J) inserted by the Seventeenth Amendment to the Constitution Sec. 9.
76 - Substituted by the Twentieth Amendment to the Constitution Sec. 18(1).
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