The Constitution of the Democratic Socialist Republic of Sri Lanka
78
[(4) (a) The Commission shall have the power during
the period of an election, to prohibit the use of any movable or
immovable property belonging to the State or any public
corporation (i) for the purpose of promoting or preventing
the 79[election of any candidate or any political
party] or independent group contesting at such
election;
(ii) by any candidate or any political party or
any independent group contesting at such
election,
by a direction in writing by the Chairman of the
Commission or of the Commissioner General of Elections on
the instructions of the Commission.
(b) It shall be the duty of every person or officer in
whose custody or under whose control such property is for
the time being, to comply with, and give effect to, such
direction.
80
[(4a) For the avoidance of doubt it is stated that any
guideline issued by the Commission during the period
commencing on the date of the making of an Order for the
holding of an election or the date of the making of a
Proclamation requiring the conduct of the Referendum, as the
case may be, shall –
(a) be limited to matters which are directly
connected with the holding of the respective election or the
conduct of the respective Referendum, as the case may be; and
(b) not be connected directly with any matter
relating to the public service or any matter within the ambit of
administration of the Public Service Commission or the Judicial
Service Commission, as the case may be, appointed under the
Constitution.]
(5) (a) The Commission shall have the power to issue
from time to time, in respect of the holding of any election or
the conduct of a Referendum, such guidelines as the
Commission may consider appropriate, to any broadcasting or
telecasting operator or any proprietor or publisher of a
newspaper, as the case may be, as the Commission may
consider necessary to ensure a free and fair election.
81
[(b) It shall be the duty of any broadcasting or
telecasting operator or any proprietor or publisher of a
newspaper, as the case may be, to take all necessary steps to
ensure compliance with any guidelines as are issued to them
under paragraph (a).]
78 - Substituted by the Nineteenth Amendment to the Constitution Sec. 23 for paras (4),(4a) and (5).
79 - Substituted by the Twentieth Amendment to the Constitution Sec. 19(1).
80 - Inserted by the Twentieth Amendment to the Constitution Sec. 19(2).
81 - Substituted by the Twentieth Amendment to the Constitution Sec. 19(3).
83
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