152
The Constitution of the Democratic Socialist Republic of Sri Lanka
immediately preceding the Constitution and on
the basis of such part of the register, prepared
under the Registration of Electors Act, No. 44 of
1980, and in operation, as corresponds to such
electoral district. The aforesaid parts of the
Ceylon (Parliamentary Elections) Order in
Council, 1946, shall, for the purposes of such
election and notwithstanding the repeal of such
Order in Council, be deemed to be in force and
shall, mutatis mutandis and except as otherwise
expressly provided in the Constitution, apply to
such election.
The law applicable to election petitions in relation
to such electoral district shall be the aforesaid
parts of such Order in Council as applied
aforesaid and in the event of such election being
declared void and no other person is determined to
have been duly returned or elected, the election to
fill such vacancy shall be held in accordance
with the provisions of this proviso.]
151
[(iv) Where a Member nominated or elected
to fill any such vacancy as is referred to in
sub-paragraph (i) or sub-paragraph (ii), being a
Member who has taken and subscribed or made
and subscribed an oath or affirmation in the
form set out in the Seventh Schedule, directly or
indirectly, in or outside Sri Lanka, supports,
espouses, promotes, finances, encourages or
advocates the establishment of a separate State
within the territory of Sri Lanka, any person may
make an application to the Court of Appeal for a
declaration that such member has directly or
indirectly, in or outside Sri Lanka, supported,
espoused, promoted, financed, encouraged or
advocated the establishment of a separate State
within the territory of Sri Lanka.
If the Court of Appeal makes, on such application,
a declaration that such Member has directly or
indirectly, in or outside Sri Lanka, supported,
espoused, promoted, financed, encouraged or
advocated the establishment of a separate State
within the territory of Sri Lanka, the seat of such
151 - Inserted by the Sixth Amendment to the Constitution Sec. 4(3).
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