30
The Constitution of the Democratic Socialist Republic of Sri Lanka
may be, Parliament may by a resolution passed by not less than
two-thirds of the whole number of Members (including those not
present) voting in its favour remove the President from office.
Determination by
the Supreme Court
that the President
was not duly
elected or the
election of the
President was void
39. (1) Where the Supreme Court in the exercise of its
jurisdiction under Article 130 determines –
(a)
that the election of the President was void and
does not determine that any other person was
duly elected, then, a poll for the election of the
President shall be taken not later than three
months from the date of the determination; or
(b) that any other person was duly elected as
President, then, such other person shall
assume the office of President within one
month of the date of the determination.
For the purposes of Article 38(1)(d), the date of
commencement of the term of office of the new President shall
be the date of his election or the date of the determination, as the
case may be.
(2) Upon the Supreme Court making any such
determination as is referred to in paragraph (1) of this
Article, the person who was exercising, performing and
discharging the powers, duties and functions of the office of
President shall forthwith cease to exercise, perform and
discharge such powers, duties and functions. During the
period intervening between the date of such determination and
the assumption of office by the new President, the Prime
Minister shall act in the office of President and shall appoint one
of the other Ministers of the Cabinet to act in the office of the
Prime Minister:
Provided that if the office of Prime Minister be then
vacant or the Prime Minister is unable to act, the Speaker shall act
in the office of the President.
(3) For the purposes of Article 30(2) and notwithstanding
the provisions of Article 31(4), the term of office of the new
President shall be deemed to have commenced on the date
on which the term of office of the person whose election was
determined to have been void or undue would, but for such
determination, have commenced.
(4) The exercise, performance and discharge by any
person of the powers, duties and functions of the office of