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LOCAL AUTHORITIES ELECTIONS ORDINANCE

LOCAL AUTHORITIES ELECTIONS ORDINANCE

Arrangement of Sections

1. Short title.

2. Application of Ordinance.

3. Electoral areas.

PART I
Establishment of a National Delimitation Committee

3A. Establishment of a National Delimitation Committee.

3B. The mandate of the National Committee and the report to be submitted.

3C. Order to be published of all boundaries, names and numbers or letters of each ward created for each local authority.

3D. Minister to alter the boundaries of any ward.

3E. Establishment of District Delimitation Committees at District level.

 

PART IA
SUPERVISING STAFF

4. Officers and staff.

5. Powers and Duties of Officers.

PART II
QUALIFICATIONS OF VOTERS AND MEMBERS, AND VACATION OF OFFICE BY MEMBERS
QUALIFICATIONS OF VOTERS

6. Disqualifications of voters.

7. Insertion of names in electoral lists of electoral areas.

8. General qualifications for membership.

9. Disqualifications for membership.

VACATION OF OFFICE

10. Vacation of membership.

10A. Vacation of office on ceasing to be member of recognised political party.

11. Penalty for acting as member after office is vacated.

PART III
DIVISION INTO POLLING DISTRICTS AND PREPARATION OF ELECTORAL LISTS
DIVISION INTO POLLING DISTRICTS

12. Parliamentary polling district deemed to be polling district for local elections.

12A. Alteration of the administrative limits of a local authority or of a ward.

PREPARATION OF LISTS

12B. Parliamentary registers to be used for local elections.

12C. Repealed.

12D. Electoral list open for inspection.

12E. District Returning Officer to correct clerical error.

12F. Application of provisions relating to preparation of lists.

13. Repealed.

14. Repealed.

15. Repealed.

NOTICE OF COMPLETION OF PREPARATION OF LISTS

16. Notice of completion of preparation of electoral lists.

CLAIMS AND OBJECTIONS

17. Claims and objections.

18. Publication and hearing of claims and objections.

19. Special provision regarding the appearance of a person’s name in the electoral lists.

APPEALS

20. Appeals from decision of district returning officer.

21. Order of the Supreme Court.

CERTIFICATION OF LISTS

22. Certification of electoral list.

23. Date on which electoral list comes into force.

PART IV
ELECTIONS

24. Elections to be held under this Ordinance.

25. Date of holding elections.

NOTICE OF NOMINATIONS

26. Notice of nomination period.

APPOINTMENT OF RETURNING OFFICERS

27. Appointment of returning officers.

RECOGNISED POLITICAL PARTIES

27A. Recognised political parties.

27B. Repealed.

27C. Repealed.

27D. Repealed.

27E. Power of Commissioner in case of rival sections of a recognised party for the purpose of local elections.

27F. Total number of women members.

NOMINATION PAPERS

28. Nomination papers.

29. Deposits to be made on behalf of candidates.

30. Disposal of deposits.

PROCEEDINGS AFTER NOMINATION PERIOD

31. Rejection of nomination papers.

32. Repealed.

33. Repealed.

34. Repealed.

35. Procedure where no nomination papers are received.

UNCONTESTED ELECTIONS

36. Uncontested elections.

CONTESTED ELECTIONS

37. Contested elections.

38. Notice of poll.

39. Death of candidate after nomination.

39A. Notice to voter regarding his number, polling station, time of the poll.

39B. Voting by post.

40. Appointment of presiding officers.

41. Hours of poll.

42. Votes to be given by ballot.

43. Electoral list to be conclusive evidence of right to vote.

44. Supply of ballot boxes.

45. Notices to be exhibited at polling stations.

46. Ballot boxes.

47. Ballot papers.

48. Official mark.

49. Appointment of Polling agents.

50. Admission to polling station.

51. Sealing of ballot boxes.

52. Power to require voter to make declaration and produce a valid identity document.

53. Manner of voting.

53A. Inspection of voter and marking with the appropriate mark.

54. Assistance to voters to enable them to vote.

55. Voting by proxy forbidden.

56. Tendered ballot papers.

57. Spoilt ballot papers.

CLOSURE OF POLL

58. Closure of poll.

59. Procedure on closure of the poll.

59A. Counting of votes.

59B. Change of venue for counting of votes.

60. Appointment of counting agents.

61. Time of count and declaration of result.

61A. Counting of postal ballots.

62. The count.

63. Rejected ballot papers.

63A. Special provisions relating to powers, duties or functions under section 62 or section 63.

64. Closure of the count.

65. Declaration of candidate obtaining highest votes as a member.

65A. Declaration of members to be elected to a multi member ward.

65AA. Apportionment of women members.

65B. Candidates entitled to be elected or returned.

66. Publication of the result.

66A. Filling of vacancies in local authorities.

66B. Declaration of Mayor, where a recognised political party or independent group receives over fifty per centum of the votes.

66C. First meeting of the local authority.

66D. Procedure for the election of Mayor and Deputy Mayor at the first meeting or other meeting of a local authority.

66E. Where no member obtains the requird number of votes.

66F. Election of Deputy Mayor.

66G. Vacancy in the office of Mayor or Deputy Mayor.

67. Disposal of ballot papers after poll.

68. …

GENERAL PROVISIONS AS TO ELECTIONS

69. Non- compliance with provisions of this Ordinance.

69A. …

70. Use of schools as polling stations.

71. Repealed.

72. Presiding officer may act through officers.

72A. Disturbances at polling stations.

73. Candidate may act as his own counting agent or assist such agent.

74. Non-attendance of the agents of candidates.

75. Prohibition of disclosure of vote.

75A. Group leader.

76. Maintenance of secrecy at elections.

76A. Commissioner to issue directions.

OFFENCES RELATING TO ELECTIONS

77. Contravention of provisions regarding secrecy.

78. Offences in respect of nomination papers, ballot papers.

79. Repealed.

80. Repealed.

81. Repealed.

81A. Prohibition of certain acts on the date of poll.

81B. Provisions relating to display of handbills, posters.

81C. Repealed.

81D. Repealed.

82. Plural voting.

CORRUPT PRACTICES

82A. Personation.

82B. Treating.

82C. Undue influence.

82D. Bribery.

82E. Punishment and incapacities for corrupt practice.

82F. Special provisions relating to punishment and incapacity for a corrupt practice by an unsuccessful candidate at an election.

ILLEGAL PRACTICES

82G. Certain expenditure to be illegal practice.

82H. False reports newspaper electronic media.

82J. Certain employment to be illegal.

82K. Printing of election publications.

82L. Punishment on conviction for illegal practices.

82M. Special provisions relating to punishment and incapacity for an illegal practice by an unsuccessful candidate at an election.

82N. Additional penalty for certain offences.

PART IVA
ELECTION PETITIONS

82O. Avoidance by conviction of candidate.

82P. Avoidance of election.

82Q. High Court established by Article 154P to try election petitions.

82R. Who may present petition.

82S. Relief which may be claimed.

82T. Parties to a petition.

82U. Contents of the petition.

82V. Special provision relating to the procedure before an Election Judge.

82W. Determination of Election Judge.

82X. Report of Judge as to corrupt or illegal practice.

82Y. Appeal against determination under section 82W and any other decision or order of Election Judge.

82Z. Security by applicant for cost of application.

82AA. Hearing of appeal.

82AB. Power of the Supreme Court in appeal.

82AC. Transmission to President of certificate and report.

82AD. Effect of Certificate.

82AE. Effect of report.

82AF. Time for presentation.

82AG. Prohibition of disclosure of vote.

82AH. Votes to be struck off at a scrutiny.

82AJ. Procedure and practice on election petitions.

82AK. Rejection of ballot paper by counting officer to be final.

82AL. Report Exonerating candidate in certain cases of corrupt or illegal practices.

82AM. Power of Court to innocent act from being illegal.

83. Repealed.

PART V
MISCELLANEOUS

84. Power to modify or supplement Ordinance.

84A. Duty of employers to grant leave to employees to vote.

84B. Inaccurate description of persons and places.

84C. Requisitioning of premises for use as polling stations.

84D. Compensation for requisitioning of premises.

85. Publication of notices.

85A. Destruction of notices or documents.

86. Expenses of elections.

87. Fines to be credited to the Consolidated Fund.

88. Repealed.

89. Interpretation.

SCHEDULE

53 of 1946,

24 of 1977,

35 of 1978,

5 of 1949,

25 of 1953,

22 of 1955,

60 of 1961,

9 of 1963,

15 of 1965,

30 of 1970,

9 of 1972,

48 of 1983,

20 of 1987,

24 of 1987,

25 of 1990,

1 of 2002,

14 of 2004,

16 of 2007,

28 of 2011,

22 of 2012,

1 of 2016,

16 of 2017,

31 of 2017,

21 of 2023.

AN ORDINANCE to amend and consolidate the law relating to the election of members of local authorities.

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