The Constitution of the Democratic Socialist Republic of Sri Lanka
31
President shall not be invalid by reason only of the fact that the
Supreme Court subsequently determines that the election of
such person as President was void or undue.
(5) The
of
Article shall
notwithstanding anything to the contrary in Article 40.
apply
40. (1) (a) If the office of President shall become vacant
prior to the expiration of his term of office, Parliament shall
elect as President one of its Members who is qualified to be
elected to the office of President. Any person so succeeding to
the office of President shall hold office only for the unexpired
period of the term of office of the President vacating office.
(b) Such election shall be held as soon as possible
after, and in no case later than one month from, the date of,
occurrence of the vacancy. Such election shall be by secret
ballot and by an absolute majority of the votes cast in
accordance with such procedure as Parliament may by law
provide:
Provided that if such vacancy occurs after the dissolution
of Parliament, the President shall be elected by the new
Parliament within one month of its first meeting.
(c) During the period between the occurrence of
such vacancy 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 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 President.
(2) The provisions of the Constitution relating to the
President (other than the provisions of paragraph (2) of Article
32) shall apply, in so far as they can be applied, to an acting
President.
(3) Parliament shall by law provide for all matters relating
to the procedure for the election of the President by Parliament
and all other matters necessary or incidental thereto.
Vacation of office
by President
and election of
succeeding
President