Election department eken gatte meka. lawata terunata legal wachana ekka nikan ana panath kiyanne apita andara demala wagene. meka pehediliwa therum karala denna puluwan law side eke kenek innawanam goda denekta prayojanawath wei api dena chandayen kohomada mantri waru theeranaya karanne kiyala...
Article 99 of Fourteenth
Amendment to the Constitution
99 (1) At any election of Members
of Parliament. The total number of
members which an electoral district is
entitled to return shall be the number
specified by the Commissioner of
Elections in the Order published in
accordance with the provisions of
paragraph (8) of Article 98.
(2) Every elector at an election
of Members of Parliament shall, in
addition to his vote, be entitled to indicate
his preferences for not more than three
candidates nominated by the same
recognized political party or independent
group.
(3) Any recognized political
party or any group of persons contesting as
independent candidates (hereinafter
referred to as an “independent group”)
may for the purpose of any election of
members of Parliament for any electoral
district, submit one nomination paper
setting out the names of such number of
candidates as is equivalent to the number
of members to be elected for that electoral
district, increased by three.
(4) Each elector whose name
appears in the register of electors shall be
entitled to only one vote notwithstanding
that his name appears in the electoral
register in more than one electoral district.
(5) The recognized political
party or independent group which polls the
highest number of votes in any electoral
district shall be entitled to have the
candidate nominated by it who has secured
the highest number of preferences,
declared elected
(6) (a) Every recognized
political party and independent group
polling less than one eighth of the total
votes polled at any elections in any
electoral district shall be disqualified from
having any candidates of such party or
group being elected for that electoral
district.
(b) The votes polled by the
disqualified parties and independent
groups, if any, shall be deducted from the
total votes polled at the election in that
electoral district and the number of votes
resulting from such deduction is
hereinafter referred to as the “relevant
number of votes”
(7) The relevant number of
votes shall be divided by the number of
members to be elected for that electoral
district reduced by one. If the number
resulting from such division is an integer,
that integer, or if that number is an integer
and fraction, the integer immediately
higher to that integer and fraction is
hereinafter referred to as the “resulting
number”
(8) The number of votes polled
by each recognised political party and
independent group (other that those parties
or groups disqualified under paragraph (6)
of this Article) beginning with the party or
group which polled the highest number of
votes shall then be divided by the resulting
number and the returning officer shall
declare elected from each such party or
group, in accordance with the preferences
secured by each of the candidates
nominated by such party or group (the
candidate securing the highest number of
preferences being declared elected first,
the candidate securing the next highest
number of preferences being declared
elected next and so on) such number of
candidates (excluding the candidate
declared elected under paragraph (5) of
this Article) as is equivalent to the whole
number resulting from the division by the
resulting number of the votes polled by
such party or group. The remainder of the
votes, is any, after such division, shall be dealt with if necessary, under paragraph
(9) of this Article.
(9) Where after the declaration
of the election of members as provided in
paragraph (8) of this Article there are one
or more members yet to be declared
elected, such member or members shall be
declared elected by reference to the
remainder of the votes referred to in
paragraph (8) to the credit of each party or
group after the declaration made under that
paragraph and the votes polled by any
party or group not having any of its
candidates declared elected under
paragraph (8) the candidate nominated by
the party or group having the highest of
such votes, who has secured the highest or
next highest number of preferences being
declared elected a member and so on until
all the members to be elected are declared
elected.
(10) (a) Where the number of
votes polled by each recognized political
party or independent group is less than the
resulting number referred to in paragraph
(7) of this Article the party or group which
has polled the highest number of votes
shall be entitled to have the candidate
nominated by that party or group
(excluding the candidate declared elected
under paragraph (5) of this Article) who
has secures the highest number of
preferences declared elected and if there
are one or more members yet to be
declared elected, the party or group having
the next highest number or votes polled
shall be entitled to have the candidate
nominated by that party or group who has
secured the highest number of preferences
declared elected and so on, until all the
members to be elected for that electoral
district are declared elected under the
provisions of this paragraph.
(b) After the determination under
paragraph (a) if there are one or more
members yet to be declared elected in
respect of that electoral district the
provisions of that paragraph shall, mutatis
mutandis, apply to the election of such
members.
(11) Where under paragraph (5)
of (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 be
deemed to be the number of votes counted
other than rejected votes.
Article 99 of Fourteenth
Amendment to the Constitution
99 (1) At any election of Members
of Parliament. The total number of
members which an electoral district is
entitled to return shall be the number
specified by the Commissioner of
Elections in the Order published in
accordance with the provisions of
paragraph (8) of Article 98.
(2) Every elector at an election
of Members of Parliament shall, in
addition to his vote, be entitled to indicate
his preferences for not more than three
candidates nominated by the same
recognized political party or independent
group.
(3) Any recognized political
party or any group of persons contesting as
independent candidates (hereinafter
referred to as an “independent group”)
may for the purpose of any election of
members of Parliament for any electoral
district, submit one nomination paper
setting out the names of such number of
candidates as is equivalent to the number
of members to be elected for that electoral
district, increased by three.
(4) Each elector whose name
appears in the register of electors shall be
entitled to only one vote notwithstanding
that his name appears in the electoral
register in more than one electoral district.
(5) The recognized political
party or independent group which polls the
highest number of votes in any electoral
district shall be entitled to have the
candidate nominated by it who has secured
the highest number of preferences,
declared elected
(6) (a) Every recognized
political party and independent group
polling less than one eighth of the total
votes polled at any elections in any
electoral district shall be disqualified from
having any candidates of such party or
group being elected for that electoral
district.
(b) The votes polled by the
disqualified parties and independent
groups, if any, shall be deducted from the
total votes polled at the election in that
electoral district and the number of votes
resulting from such deduction is
hereinafter referred to as the “relevant
number of votes”
(7) The relevant number of
votes shall be divided by the number of
members to be elected for that electoral
district reduced by one. If the number
resulting from such division is an integer,
that integer, or if that number is an integer
and fraction, the integer immediately
higher to that integer and fraction is
hereinafter referred to as the “resulting
number”
(8) The number of votes polled
by each recognised political party and
independent group (other that those parties
or groups disqualified under paragraph (6)
of this Article) beginning with the party or
group which polled the highest number of
votes shall then be divided by the resulting
number and the returning officer shall
declare elected from each such party or
group, in accordance with the preferences
secured by each of the candidates
nominated by such party or group (the
candidate securing the highest number of
preferences being declared elected first,
the candidate securing the next highest
number of preferences being declared
elected next and so on) such number of
candidates (excluding the candidate
declared elected under paragraph (5) of
this Article) as is equivalent to the whole
number resulting from the division by the
resulting number of the votes polled by
such party or group. The remainder of the
votes, is any, after such division, shall be dealt with if necessary, under paragraph
(9) of this Article.
(9) Where after the declaration
of the election of members as provided in
paragraph (8) of this Article there are one
or more members yet to be declared
elected, such member or members shall be
declared elected by reference to the
remainder of the votes referred to in
paragraph (8) to the credit of each party or
group after the declaration made under that
paragraph and the votes polled by any
party or group not having any of its
candidates declared elected under
paragraph (8) the candidate nominated by
the party or group having the highest of
such votes, who has secured the highest or
next highest number of preferences being
declared elected a member and so on until
all the members to be elected are declared
elected.
(10) (a) Where the number of
votes polled by each recognized political
party or independent group is less than the
resulting number referred to in paragraph
(7) of this Article the party or group which
has polled the highest number of votes
shall be entitled to have the candidate
nominated by that party or group
(excluding the candidate declared elected
under paragraph (5) of this Article) who
has secures the highest number of
preferences declared elected and if there
are one or more members yet to be
declared elected, the party or group having
the next highest number or votes polled
shall be entitled to have the candidate
nominated by that party or group who has
secured the highest number of preferences
declared elected and so on, until all the
members to be elected for that electoral
district are declared elected under the
provisions of this paragraph.
(b) After the determination under
paragraph (a) if there are one or more
members yet to be declared elected in
respect of that electoral district the
provisions of that paragraph shall, mutatis
mutandis, apply to the election of such
members.
(11) Where under paragraph (5)
of (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 be
deemed to be the number of votes counted
other than rejected votes.
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