76
The Constitution of the Democratic Socialist Republic of Sri Lanka
(11) Where under paragraph (5) or (9) or (10) of this
Article an equality is found to exist between the votes polled by
two or more recognized political parties or two or more
independent groups or any combination of them and the
addition of a vote would entitle the candidate of one such
party or group to be elected, the determination of the party or
group to which such additional vote shall be deemed to have
been given shall be made by lot.
(12) For the purposes of this Article the number of
votes polled shall deemed to be the number of votes counted
other than rejected votes.
(13) (a) Where a Member of Parliament ceases, by
resignation, expulsion or otherwise, to be a member of a
recognized political party or independent group on whose
nomination paper (hereinafter referred to as the “relevant
nomination paper”) his name appeared at the time of his
becoming such Member of Parliament, his seat shall become
vacant upon the expiration of a period of one month from the
date of his ceasing to be such member:
Provided that in the case of the expulsion of a
Member of Parliament his seat shall not become vacant if
prior to the expiration of the said period of one month he
applies to the Supreme Court by petition in writing, and the
Supreme Court upon such application determines that such
expulsion was invalid. Such petition shall be inquired into by
three Judges of the Supreme Court who shall make their
determination within two months of the filing of such petition.
Where the Supreme Court determines that the expulsion was
valid the vacancy shall occur from the date of such
determination.
(b) Where the seat of a Member of Parliament
becomes vacant as provided in Article 66 (other than paragraph
(g) of that Article) or by virtue of the preceding provisions of
this paragraph the candidate from the relevant recognized
political party or independent group who has secured the next
highest number of preferences shall be declared elected to fill
such vacancy.]
70
[(14) Repealed]
Election of
Members of
Parliament on the
basis of the total
number of votes
polled at a General
Election
71
[99A. After the one hundred and ninety six members
referred to in Article 98 have been declared elected at a General
Election of Members of Parliament, the Commissioner of
Elections shall forthwith apportion the balance twenty nine seats
among the recognized political parties and independent groups
70 - Article 99(14) Repealed by the Fifteenth Amendment to the Constitution Sec. 4(2).
71 - Article 99A inserted by the Fourteenth Amendment to the Constitution Sec. 8.
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