PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
LOCAL AUTHORITIES ELECTIONS
(AMENDMENT)
ACT, No. 22 OF 2012
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Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of November 16, 2012

1 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
Short title and
date of
operation.
[Certified on 15th November, 2012] L.D.—O. 54/2007.
A
N ACT TO AMEND THE LOCAL AUTHORITIES ELECTIONS ORDINANCE
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :—
1.(1) This Act may be cited as the Local Authorities
Elections (Amendment) Act, No. 22 of 2012.
(2) The provisions of sections 3
A, 3B, 3c, 3 D and 3 E of this
Act, shall come into operation on the date of commencement
of this Act.
(3) The provisions of all other sections of this Act, other
than the section referred to in subsection (2) shall come into
operation on such date as the Minister may appoint by Order
published in the Gazette.
2.The following new Part is hereby inserted
immediately after section 3 of the Local Authorities Elections
Ordinance (chapter 262) as last amended by Act, No. 14 of
2004 (hereinafter referred to as the “principal enactment”)
and shall have effect as Part I of that enactment :—
“PART I
E
STABLISHMENT OF A NATIONAL DELIMITATION COMMITTEE
3A. (1) The Minister shall, upon the coming
into operation of this section, by Order
published in the Gazette, establish a National
Delimitation Committee (in this Part referred
to as the “National Committee”) which shall
consist of five persons to be appointed by the
Minister, one of whom shall be nominated by
him to be the Chairman of the National
Committee. Establishment
of a National
Delimitation
Committee.
2—PL 005293—4190 (10/2010)
Insertion of new
part I to the
Chapter 262.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 2
(2) In the event of any vacancy occurring in
the membership of the National Committee
during their term of office, the Minister shall
appoint another person to fill in such vacancy.
(3) The quorum, for any meeting of the
National Committee shall be three members
and its Chairman shall preside at all meetings
of such Committee. In the absence of the
Chairman from any meeting of the National
Committee, the members present at the meeting
shall nominate a member from among
themselves to preside at such meeting.
(4) Subject to the provisions of subsection
(3) of this section, the National Committee may
regulate the procedure in regard to the conduct
of its meetings and the transaction of business
at such meetings.
3
B. (1) The mandate of the National
Committee shall be to make recommendations
to the Minister for the division of each local
authority area into wards, taking into
consideration the requirements set out in
subsection (2) and to determine the boundaries
of each ward and assign a name and a number
to each such ward.
(2) The National Committee shall, in
making its recommendation for the division of
a local authority area into wards, take into
consideration:—
(a) the ratio of the ethnic composition of
the local authority area concerned, and
the need to ensure representation on the
basis of ethnic ratio; The mandate
of the
National
Committee
and the
reports to be
submitted.

3 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
(b) the geographical area of the local
authority and its physical features;
(c) the population of the local authority
area and the density of such population;
and
(d) the level of ecnomic development of
the local authority area.
(3) Where the National Committee is of the
view that having taken into consideration the
requirements specified in subsection (2), it is
appropriate to create a ward which shall be
entitled to return more than one member, the
National Committee shall recommend the
creation of a multi member ward or wards, as
the case may be, for any local authority area.
(4) The proceedings of the National
Committee shall be conducted in such manner
as shall be prescribed.
(5) The National Committee established
under section 3
A shall be required to fulfill its
mandate by such date as shall be determined
by the Minister and on the completion of
such mandate, submit a report on its
recommendations to the Minister.
3
C.(1) Upon the receipt of the report on the
recommendations of the National Committee,
the Minister shall forthwith submit such report
on the recommendation to the President.
(2) Upon the receipt of such report on the
recommendations, the President shall by Order
published in the Gazette, publish the number Order to be
published of
all
boundaries,
names and
numbers or
letters of
each ward
created for
each local
authority.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 4
of wards, the boundaries, names, number
alphabetical letter in English assigned to each
ward so created on the recommendations made
by the National Committee in respect of each
local authority. Where the National Committee
has recommended the creation of multi member
wards, the name and the number or the
alphabetical letter assigned to each such multi
member ward, the name of the respective local
authority and the total number of members to
be elected to each such multi member ward,
shall also be so specified.
3
D. (1) The Minister may cause an alteration
to be made to the boundaries of the wards as
published in the Order made under section 3
C.
Further the alterations shall be made on the
recommendations of a Committee consisting
of five persons appointed by the Minister and
the requirements specified in section 3
B shall
apply to and in respect of any such alterations
being made.
(2) The new boundaries, names, numbers
or letters of each ward boundaries of which are
altered under subsection (1), shall be published
in the Gazette by the Minister and take effect
in respect of an election held under this
Ordinance immediately after such alterations
are effected.
3
E. (1) For the purpose of assisting a
National Committe in fulfilling its mandate,
the Minister shall appoint a Delimitation
Committee at each district level, (hereinafter
referred to as a “District Committee”) which Establishment
of District
Delimitation
Committees
at district
levels. Minister to
alter the
boundaries of
any ward.

5 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
shall consist of the District Secretary of the
relevant district who shall be the Chairman of
such District Committee and the following
members to be appointed by the Minsister:—
(a) a representative of the Department of
Elections;
(b) a representative of the Provincial
Ministry of Local Government of the
Provincial Council within which such
district is situated;
(c) a representative of the Survey-
General’s Department;
(d) a representative of the Department of
Census and Statistics; and
(e) a public officer nominated by the
Minister.
(2) A District Committee shall carry out
such functions as may be assigned to it by the
National Committee and shall act under the
direction and the supervision of such National
Committee.
(3) The provisions of subsection (3) and
(4) of section 3
A shall mutatis mutandis apply
to and in regard to the conduct of meetings of
District Committee.”.
3.The heading “PART I” appearing immediately after
section 3 of the principal enactment, is hereby repealed and
the heading “Part 1
A” is substituted therefor.
Part I of the
principal
enactment to be
renumbered as
Part IA.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 6
4.Section 4 of the principal enactment is hereby
amended by the repeal of subsection (1) of that section, and
the substitution therefor of the following subsection :—
“(1) The Commissioner may appoint by name or
by office for each district in Sri Lanka, a fit and proper
person to be or to act as district returning officer and
one other person to be or to act as the returning officer
for each of the local authority area or of any particular
local authority, as the case may be, in a district, and
such number of other persons as may become necessary
to be or to act as assistant returning officers for that
district.”.
5. Section 5 of the principal enactment is hereby
amended by the repeal of subsection (2) of that section and
the substitution therefor of the following subsection:—
“(2) Subject to the general supervision and control
of the Commissioner, each assistant returning officer
and assistant elections officer may exercise or perform
the powers or duties conferred or imposed by this
Ordinance upon an election officer.”.
6.Section 7 of the principal enactment as amended by
Law, No. 24 of 1977 is hereby further amended in paragraph
(b) of subsection (1) of that section, by the substitution for
the words “resident in any electoral area”, of the words
“resident in any ward”.
7. Section 9 of the principal enactment as last amended
by Act, No. 25 of 1990 is hereby further amended in
subsection (1) of that section, as follows:—
(1) in paragraph (d) of that subsection —
(i) by the substitution in sub-paragraph (v) (A) of
that paragraph, for the words “created prior to
November 18, 1970, the initial salary scale of
Amendment of
section 9 of the
principal
enactment. Amendment of
section 7 of the
principal
enactment. Amendment of
section 5 of the
principal
enactment. Amendment of
section 4 of the
principal
enactment.

7 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
which was on November 18, 1970, not less
than Rs. 6,720 per annum”, of the words
“created prior to June 01, 2007, the initial
salary scale of which was on January 01, 2007,
not less than Rs. 2,27,280 per annum”;
(ii) by the substitution in sub-paragraph (v) (B) of
that paragraph, for the words “created after
November 18, 1970”, of the words “created
after June 01, 2007,”;
(iii) by the substitution in sub-paragraph (vi) (A)
of that paragraph, for the words “created prior
to November 18, 1970, the initial salary scale
of which was, on November 18, 1970, not less
than Rs. 7,200 per annum”, of the words
“created prior to January 01, 2009, the initial
salary scale of which was, on January 01, 2009,
not less than Rs. 2,46,300 per annum”; and
(iv) by the substitution in sub-paragraph (vi) (B)
of that paragraph, for the words “created after
November 18, 1970,” of the words “created
after January 01, 2009,”;
(2) by the repeal of paragraph (i) of that subsection,
and the substitution therefor of the following
paragraph :—
“(i) is serving or has during the period of seven
years immediately preceding, completed
serving a sentence of imprisonment for an
offence punishable with imprisonment for a
term exceeding twelve months or is under a
sentence of death or is serving or has during
the period of seven years immediately
preceding, completed serving a sentence of

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 8
imprisonment awarded in lieu of execution of
a sentence of death ; or”; and
(3) in the proviso to paragraph (j) of that subsection :—
(i) by the substitution in paragraph (i) of that
proviso, for the words “a post created prior to
November 18, 1970, less than Rs. 6,720 per
annum” of the words “a post created prior to
June 01, 2007, less than Rs. 2,27,280
per annum”; and
(ii) by the substitution in paragraph (ii) of that
proviso, for the words “created after November
18, 1970,”, of the words “created after June
01, 2007.”.
8.Section 12 of the principal enactment is hereby
amended as follows:—
(1) in subsection (1) of that section, by the addition
immediately after the proviso to that section of the
following:—
“Provided further,
(i) each ward of a local authority shall be
deemedto be a polling area for the purposes
of an election to that local authority; and
(ii) each ward shall be identified by a name andan
alphabetical letter in English.;
(2) by the repeal of subsection (2) of that section and
the substitution therefor, of the following
subsection :—
“(2) The district returning officer shall—
(a) divide the polling area of a local
authority, into one or more polling
Amendment of
section 12 of the
principal
enactment.

9 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
districts in accordance with directions
as may be issued by the Commissioner;
(b) assign to each polling district a
distinguishing letter or letters;
(c) determine with respect to each such
polling district, the location in which
the polling station in respect of that
district shall be situated; and
(d) publish in the Gazette, a notice
containing the particulars referred to in
paragraphs (a), (b) and (c) above.”;
(3) by the insertion immediately after subsetion (2) of
that section, of the following new subsections:—
“(2
A) Unless the Commissioner directs, otherwise
the division of a polling area into polling districts
shall be so made, that each polling district at the
time of such division, shall consist of not more than
one thousand five hundred voters.
(2
B) Subject to the provisions of subsection (2 A),
the division of a polling area into polling districts
may be altered by the district returning officer as the
occasion may require, and upon such alteration being
made, he shall publish in the Gazette a notice
specifying the particulars referred to in paragraphs
(a), (b) and (c) of subsection (2) and the date on
which such alteration shall come into effect.
(2
C) A notice published in the Gazette under
paragraph (d) of subsection (2) or under
subsection (3), as the case may be, may be amended
from time to time in regard to the particulars referred
to in paragraph (c) of subsection (2) which is required
to be specified in that notice, after notifying to the
public of the proposed amendments in such manner
as the Commissioner may determine, and after

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 10
giving an opportunity to the public for making
representations in regard to the proposed
amendments.”; and
(4) by the substitution in subsection (3) of that section,
for the words “one polling station and no more.”, of
the words “not less than one polling station.”.
9. Section 12
A of the principal enactment is hereby
repealed and the following section is substituted therefor :—
12
A. Where the administrative limits of any
local authority is altered under any law under
which such local authority was established or
the boundaries of any ward into which a local
authority area is divided is altered by the
Minister under section 3
D of this Ordinance,
the provisions of section 12 shall mutatis
mutandis apply to and in relation to such local
authority or ward, as the case may be, whose
administrative limits or boundaries have been
so altered.”.
10. Section 12
B of the principal enactment is hereby
amended by the substitution for the words “and certify an
electoral list” and words “correspond to the electoral area”,
respectively of the words “and certify an electoral list for
each ward of such electoral area”, and the words “correspond
to the respective ward of such electoral area”.
11.Section 12
D of the principal enactment is hereby
amended by the substitution for the words “electoral list of
any electoral area”, of the words “electoral list of each ward
of any electoral area”.
12. Section 12
F of the principal enactment is hereby
amended by the substitution for the words “alteration of the
limits of the electoral area of any local authority”, of the words
“alteration of the limits of any ward or the limits of the electoral
area of any local authority, as the case may be,”.
Amendment of
section 12 D of
the principal
enactment.
Amendment of
section 12
F of
the principal
enactment. Amendment of
section 12
B of
the principal
enactment.“Alteration
of the
administrative
limits of a
local
authority or
of a ward. Amendment of
section 12
A of
the principal
enactment.

11 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
13. Section 16 of the principal enactment is hereby
amended by the substitution for the words “electoral list of
any electoral area,”, of the words “electoral lists of the wards
of any electoral area,”.
14.Section 17 of the principal enactment as amended
by Law, No. 24 of 1977 is hereby further amended in
subsection (1) of that section, by the substitution for the
words “the electoral list of”, of the words “the electoral lists
of the wards”.
15.Section 18 of the principal enactment as amended
by Law, No. 24 of 1977, is hereby further amended as
follows:—
(1) in subsection (1) of that section, by the substitution
for the words “electoral list of any electoral area,”,
of the words “electoral lists of the wards of any
electoral area,”; and
(2) in subsection (5) of that section, by the substitution
for the words “electoral list, make such amendment
in the list” of the words “electoral lists, make such
amendments in the lists”.
16.Section 19 of the principal enactment as last
amended by Law, No. 24 of 1977, is hereby further amended
as follows :—
(1) in subsection (1) of that section, by the repeal of
paragraph (a) of that subsection and the substitution
therefor of the following paragraph :—
“(a) in more than one electoral list, whether of
the wards of the same electoral area or of
different electoral areas; or”;
(2) in subsection (3) of that section, by the substitution
in paragraph (b) of that subsection, for the words
“in which the electoral area”, of the words “in which
the ward”.
Amendment of
section 16 of the
principal
enactment.
Amendment of
section 19 of the
principal
enactment. Amendment of
section 17 of the
principal
enactment.
Amendment of
section 18 of the
principal
enactment.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 12
“Notice of
nomination
period. Replacment of
section 26 of the
principal
enactment.
17. Section 20 of the principal enactment as amended
by Law, No. 24 of 1977, is hereby further amended in
subsection (1) of that section, by the substitution for the
words “electoral list of any electoral area”, of the words
“electoral lists of the wards of any electoral area,”.
18.Section 22 of the principal enactment is hereby
amended by the substitution for the word “list” wherever
that word appears in that section, of the word “lists”.
19.Section 23 of the principal enactment is hereby
amended by the substitution for the words “electoral list of
any electoral area,”, of the words “electoral lists of the wards
of any electoral area,”.
20.Section 26 of the principal enactment is hereby
repealed and the following section substituted therefor–
26. Whenever a general election of the
members of a local authority is due to be held
in any year, the returning officer of the district
in which the electoral area of such local
authority is situated, shall publish a notice of
his intention to hold such election. The notice
shall specify the name of the returning officer
who is appointed to receive nomination papers
of the recognized political parties and
independent groups whose candidates are
contesting in each ward of that electoral area,
the period (hereinafter referred to as the
“nomination period”) and the office hours
during which nomination papers shall be
received by the respective returning officer
in his office and the place where such
nomination papers shall be so received. Such
nomination period shall commence on the
fourteenth day after the date of the
publication of the notice and shall expire at
twelve noon on the seventeenth day after the
date of publication of the notice. The notice
shall also specify the date, time and place at Amendment of
section 20 of
the principal
enactment.
Amendment of
section 22 of the
principal
enactment.
Amendment of
section 23 of the
principal
enactment.

13 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
which the approved symbols shall be allotted
and in respect of a local authority area.”.
21.Section 27
A of the principal enactment is hereby
amended by the repeal of subsections (3), (4) and (5) of that
section.
22.Section 28 of the principal enactment as last
amended by Act, No. 25 of 1990, is hereby further amended
as follows :—
(1) by the repeal of subsection (1) of that section and
the substitution therefor of the following
subsection:—
“(1) Any person who is qualified under
section 8 of this Ordinance to be elected as a
member of a local authority, may be nominated
as a candidate for election for any ward of the
electoral area of such authority, provided that
no such person shall be nominated as a candidate
for election in respect of more than one ward of
any electoral area of a local authority.”;
(2) by the repeal of subsections (1
A) and (1 B) of that
section;
(3) by the repeal of subsection (2) of that section and
the substitution therefor of the following
subsection :—
“(2) 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
election as members of any local authority,
submit one single nomination paper in respect
of all the wards of such local authority,
substantially in the Form set out in the First
Schedule, setting out the names:—
Amendment of
section 27 A of
the principal
enactment.
Amendment of
section 28 of the
principal
enactment.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 14
(a) of candidates being nominated in respect
of each ward of that local authority and
which number shall be equivalent to the
number of members to be elected as
elected members in respect of those several
wards; and
(b) of such number of additional persons as is
equivalent to thirty per centum of the total
number of persons being nominated as
candidates to be elected under paragraph
(a), from among whom the members of that
local authority who shall be returned under
section 65
A of this Ordinance, shall be
appointed:
Provided that where the number
constituting thirty per centum referred to
in this paragraph is an integer and fraction,
the integer shall be deemed to be the
number which shall constitute thirty per
centum, for the purpose of this paragraph.
The returning officer shall as soon as is
practicable make a copy of each nominaiton
paper received by him and display such copies
of the nomination papers on his notice board.
The nomination paper shall be prepared in
duplicate, with the word “copy” being written
clearly on the duplicate copy.”.
(4) by the insertion immediately after subsection (2) of
that section, of the following new subsections :—
“(2
A) A nomination paper referred to in
subsection (1), shall—
(a) in the case of a recognized political party,
be submitted by the secretary or an
authorized agent of such party or the

15 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
candidate whose name appears in the
nomination paper being submitted and
who is nominated for such purpose by the
secretary; and
(b) in the case of an idependent group, be
submitted by the group leader of the
independent group or his authorized agent,
so however the group leader shall at the
time of the deposit of the legal tender with
the returning officer under section 29 of
the Ordinance nominate a person from
among the candidates as an authorized
agent.
(2
B) Notwithstanding any provision to the
contrary in this Ordinance, twenty-five per
centum of the total number of candidates and
additional persons whose names appear in each
nomination paper submitted under subsection
(2) of this section, may consist of women and
youth.
(2
C) Where the number constituting the
twenty – five per centum, referred to in
subsection (2
B) is an integer and fraction, the
integer shall be deemed to be the number which
shall constitute twenty five per centum for the
purpose of that subsection.”.
(5) in subsection (4) of that section, by the substitution
for the words “consent of each candidate to be
nominated”, of the words “consent of each
candidate and each person being nominated”;
(6) in subsection (4
A) of that section, by the substitution
for the words “youth candidate”, where ever it
appears in that subsection, of the words “youth”;

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 16
(7) by the insertion immediately after subsection (4 A)
of that section, of the following new subsection:—
“(4
B) A declaration of the assets and
liabilities under the Declaration of Assets and
Liabilities Law, No. 1 of 1975 in the form as
prescribed under that Law, shall be required to
be submitted in respect of each candidate and
persons whose names appear in a nomination
paper, within three months of the submission of
such nomination paper.”.
23. Section 29 of the principal enactment as last
amended by Act, No. 24 of 1977, is hereby further amended
as follows :—
(1) by the repeal of subsection (1) and subsection (2)
of that section, and the substitution therefor of the
following subsections :—
“(1) (a) Every recognized political party and
independent group shall, between the date of
the publication of the notice under section 26
and the submission of the nomination paper and
in any case not later than twelve noon on the
day immediately preceding the end of the
nominaiton period, deposit the legal tender with
the returning officer to whom the nomination
paper is to be submitted, a sum of:—
(i) five thousand rupees in respect of each
candidate and each additional person
being nominated by a recognized political
party; and
Amendment of
section 29 of the
principal
enactment.

17 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
(ii) twenty thousand rupees in respect of each
candidate and each additional person
being nominated by an independent group.
(b) The deposit the legal tender shall—
(i) in the case of a recongnized political
party, be submitted by the secretary
of the recognized political party or
his authorized agent; and
(ii) in the case of an independent group,
be submitted by the leader of the
independent group.
(2) No deposit made on behalf of a candidate
under subsection (1) shall be accepted by the
returning officer, unless it is made within the
time specified in that subsection.”;
(2) by the substitution for the marginal note to that
section, of the following marginal note:—
“Deposits
to be made
on behalf
candidates.”.
24.Section 30 of the principal enactment as last
amended by Act, No. 25 of 1990, is hereby further amended
by the repeal of subsection (4) of that section, and the
substitution therefor of the following subsection:—
“(4) Where the candidate of a recognized
political party or independent group on whose
Amendment of
section 30 of the
principal
enactment.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 18
behalf a deposit was made is not elected and where
the number of votes polled by such candidate
does not exceed one-twentieth of the total number
of valid votes polled in the ward in which he
contested, the deposit made on behalf of such
candidate shall be declared forfeit. The returning
officer with whom it was deposited, shall transfer
such amount from the deposit account to the
Consolidated Fund and in every other case the
deposit shall be returned to the candidate who
made the deposit, as soon as may be after the
result of the election is declared :
Provided that, where any recognized political
party or independent group fails to obtain more
than one twentieth of the total number of valid
votes which contested the election in such local
authority area, the deposit made by each such
recognized political party or independent group,
in respect of all the additional persons whose
names appear in the nomination paper submitted
by such recognized political parties or
independent group, shall be declared forfeit and
the provisions of this subsection shall apply in
regard to the transfer of such deposit.”.
25. Section 31 of the principal enactment as last
amended by Act, No. 25 of 1990, is hereby further amended
as follows :—
(1) in subsection (1) of that section :—
(a) by the repeal of paragraphs (bb) and (bbb) of
that subsection; and
Amendment of
section 31 of the
principal
enactment.

19 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
(b) by the repeal of paragraph (d) of that
subsection;
(2) by the addition immediately after subsection (2) of
that section the following new subsection :—
“(3) Where a candidate or any person whose
name appears on a nomination paper submitted by
a recognized political party or an independent
group, as the case may be, is found to be disqualified
due to the failure of such candidate or person:—
(a) where the candidate or person concerned is a
youth, to have attached to the nomination
paper a certified copy of his Certificate of
Birth or in the event the Certificate of Birth is
not available an affidavit signed by such
youth certifying his date of birth; or
(b) to have his consent which is required to be
included in such nomination paper to be
endorsed on the nomination paper, and to
have annexed to the nomination paper his
oath or affirmation in the form set out in the
Seventh Schedule to the Constitution,
the nomination paper so submitted shall not be
rejected, but the name of the candidate or the person
concerned who is found to be disqualified due to
any of the reasons specified in this subsection, shall
be removed from the nomination paper so submitted.
Where a name of any candidate or any person is
removed from a nomination paper, the political

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 20
party or the independent group, as the case may be,
which submitted such nomination paper, shall not
thereafter be entitled to replace the name so removed
with any other new name and the deposit made in
respect of the candidate or other person whose names
was removed, shall be forfeited.”.
26.Section 35 of the principal enactment as amended
by Act, No. 25 of 1990, is hereby further amended by the
repeal of subsection (1) of that section and the substitution
therefor of the following subsection:—
“(1) (a) Where in the case of any electoral area,
the returning officer finds at the expiry of the
nomination period:—
(i) that no nomination paper has been duly
received on behalf of any recognized
political party or independent group; or
(ii)that all the nomination papers received by
him have been rejected or that the names of
all the candidates appearing in such
nomination paper have been removed from
such nonination paper in terms of subsection
(3) of section 31, as the case may be,
the returning officer shall forthwith report to the
elections officer of the district in which the area is
situated the fact that no nomination papers have
been received, or that all the nomination papers
received by him have been rejected, or that the
names of all the candidates appearing in any
nomination paper have been removed from such
nomination paper under subsection (3) of section
31, as the case may be.
Amendment of
section 35 of the
principal
enactment.

21 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
(b) The election officer shall, not later than
seven days after the receipt of the report, publish a
notice prescribing a further nomination period. The
notice shall specify the period (hereinafter referred
to as the “second nomination period”) during which
the nomination papers are to be received by the
returning officer at his office and all the provisions
of this Ordinance shall thereupon apply.”.
27.Section 36 of the principal enactment as last
amended by Act, No. 25 of 1990, is hereby further amended
by the repeal of paragraph (b) of subsection (1) of that section
and the substitution therefor of the following paragraph:—
“(b) after the rejection of a nomination paper or papers
or where the names appearing in any nomination
paper or papers are removed under subsection (3)
of section 31 due to any reason specified therein,
the candidates of only one recognized political
party or an independent group stand nominated for
election, the returning officer shall inform the
Commissioner of such fact. The Commissioner shall
thereupon call the secretary of such recognized
political party or the leader of such independent
group, as the case may be, to specify which of the
candidates from among those whose names appear
in the nomination paper under paragraph (a) of
subsection (2) of section 28, shall be declared
elected as the Mayor and Deputy Mayor of that
local authority. Upon such secretary or the group
leader, as the case may be, communicating his
decision to the Commissioner, the Commissioner
shall declare the member so specified elected as the
Mayor and Deputy Mayor respectively, of that local
authority;”.
Amendment of
section 36 of the
principal
enactment.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 22
28.Section 37 of the principal enactment is hereby
amended by the repeal of subsection (1) of that section and
the substitution therefor of the following subsection:—
“(1) If at the expiry of the nomination period
appointed for each ward of an electoral area and
after the rejection of any nomination paper or
papers or the names appearing in any
nomination paper or papers is removed under
subsection (3) of section 31 due to any reason
specified therein, the candidates of more than
one recognized political party or of an
independent group stands duly nominated for
the election, the returning officer shall forthwith
allot for the purpose of that election:—
(a) to each candidate from a recognized
political party, the approved symbol of
that party; and
(b) to each candidate from an independent
group, any approved symbol and where
there are more than one independent
groups contesting such election, an
approved symbol determined :—
(i) in the first instance by agreement
among the independent groups
contesting; or
(ii) in the absence of such agreement, by
the draw of lots cast or drawn in such
manner as the returning officer may,
in his absolute discretion, determine,
and such symbol shall be printed on the
ballot paper opposite the name of the
respective recognized political party or the
independent group.”. Amendment of
section 37 of the
principal
enactment.

23 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
29.Section 38 of the principal enactment as amended
by Act, No. 25 of 1990, is hereby further amended in
subsection (1) of that section, by the repeal of paragraph (c)
of that subsection and the substitution therefor of the
following paragraph:—
“(c) the date of the poll, such date being a date other
than a Poya day or any public holiday as specified
in the First Schedule to the Holidays Act, No. 29 of
1971, but wherever possible a Saturday or a date or
dates determined by the returning officer with the
concurrence of the Commissioner and being a date
not less than five weeks and not more than seven
weeks from the date of the publication of the notice;
and”.
30.Section 39 of the principal enactment is hereby
repealed and the following section is substituted therefor :—
39. (1) Notwithstanding the death of a
candidate for election for any local authority
between the adjournment of the election for
the purposes of the poll and the commencement
of the poll, the poll shall be taken on the date
specified for the same under paragraph (c) of
subsection (1) of section 38.
(2) In the event a vacancy occurring due to
the death of a candidate, the secretary of the
recognized political party or the group leader
of the independent group or person whose name
appears in the second place in the nomination
paper submitted by such recognized political
party or independent group, to which such
candidate who died belonged, shall nominate
a person who is qualified to be elected as a
member under section 8 of this Ordinance, to
fill such vacancy.”.
Replacement of
section 39 of the
principal
enactment. Amendment of
section 38 of the
principal
enactment.
“Death of a
candidate
after
nomination.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 24
31.Section 39 A of the principal enactment as amended
by Law, No. 24 of 1977, is hereby further amended in
subsection (1) of that section as follows :—
(1) by the substitution for the words “in the electoral
list of that area”, of the words “in the electoral list
of any ward of that area,”; and
(2) by the repeal of paragraph (c) of that subsection
and the substitution therefor of the following
paragraph :—
“(c) the number of the ward;
(cc)the number of the polling districts.”
32.Section 40 of the principal enactment as amended
by Law, No. 24 of 1977, is hereby further amended by the
repeal of subsection (1) of that section and the substitution
therefor of the following subsection :—
“(1) For the purpose of each election for any
electoral area, the returning officer of that electoral
area shall appoint:—
(a) one or more persons (hereinafter referred to
as “presiding officer”) to preside at each
polling station in each polling district; and
(b) where more than one person is appointed as a
presiding officer in respect of a polling
station, appoint one of such presiding officers
to be the senior presiding officer of that
polling station and the senior presiding
officer shall exercise general supervision over
every other presiding officer, and overall
arrangments for the conduct of the poll in the
election.”.
t
2
Amendment of
section 40 of the
principal
enactment. Amendment of
section 39
A of
the principal
enactment.

25 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
33. Section 43 of the principal enactment is hereby
amended in subsection (1) of that section, by the substitution
for the words “in force for any electoral area” and for the
words “of that electoral area”, of the words “in force for any
ward of any electoral area” and of the words “for that ward”,
respectively.
34.Section 44 of the principal enactment is hereby
amended in paragraph (d) of that section, by the substitution
for the words “for that electoral area”, of the words “ for that
ward”.
35.Section 45 of the principal enactment as amended
by Law No. 24 of 1977, is hereby further amended in
subsection (1) of that section, by the repeal of paragraph (b)
of that subsection and the substitution therefor of the
following paragraph :—
“(b) outside the polling station, a notice specifying the
names of candidates as indicated by each
recognized political party and independent group,
in alphabetical order in Sinhala and the approved
symbol allotted to each such party or group.”.
36.Section 47 of the principal enactment as last
amended by Act, No. 25 of 1990 is hereby further amended,
in paragraph (a) of that section, by the substitution for all
the words from “set out against the distinguishing number”
to the end of that paragraph, of the words “set out against the
distinguishing number of such group.
37.Section 52 of the principal enactment as amended
by Act, No.14 of 2004 is hereby further amended in
subsection (1) of that section as follows :—
(1) by the substitution in the paragraph titled “First” of
that section, for the words “electoral list now in
force for this electoral area.”, of the words “electoral
list now in force for this ward.”; and
Amendment of
section 45 of the
principal
enactment. Amendment of
section 43 of the
principal
enactment.
Amendment of
section 44 of the
principal
enactment.
Amendment of
section 47 of the
principal
enactment.
Amendment of
section 52 of the
principal
enactment.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 26
(2) by the substitution in the paragraph titled
“Second:–” of that section, for the words “member
for this electoral area.”, of the words “member for
this ward.”.
38.Section 53
A of the principal enactment as amended
by Act, No. 14 of 2004 is hereby further amended in
paragraph (a) of subsection (2) of that section, by the
substitution for the words “list of the electoral area in which”,
of the words “list of the ward in which”.
39.Section 59
A of the principal enactment is hereby
repealed and the following section substituted therefor :—
59
A. (1) The counting of votes in each
polling station shall take place at each such
polling station.
(2) The senior presiding officer of each
polling station or where there is only one
presiding officer, such presiding officer shall
function as the counting officer of that station
and the staff at that polling station shall
function as the counting staff.
(3) Subject to the general or special
directions of the Commissioner, each returning
officer of an electoral area shall appoint one of
the senior presiding officers appointed under
paragraph (b) of subsection (1) of section 40,
or where only a single presiding officer is
appointed, such presiding officer, to be the chief
counting officer for each ward of that electoral
area. The returning officer may at the same
time appoint such number of assistants and
clerks and other officers as he may consider
necessary to assist the counting officer and the
Replacement of
section 59A of
the principal
enactment.
“Counting of
votes. Amendment of
section 53A of
the principal
enactment.

27 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
chief counting officer, as the case may be, in
the performance of their duties.”.
(4) Where there are any objections from the
authorized agents relating to the functioning
of any person as a counting officer of any
polling station, the Commissioner of Elections
may on being satisfied of the circumstances
appoint any other senior presiding officer to
function as a counting officer in the place of
the first mentioned person.”.
40.The following new section is hereby inserted
immediately after section 59
A of the principal enactment
and shall have effect as section 59
B of that enactment :—
59
B. (1) Notwithstanding the provisions of
section 59
A, where as a result of any incidents
or disturbances which took place at a polling
station during a poll or thereafter or due to any
other security reasons, the presiding officer of
such polling station is of the opinion that the
counting of votes shall not take place at the
polling station, he shall inform the assistant
returning officer appointed by the returning
officer to supervise the polling in the ward in
which such polling station is situated, of such
fact and such assistant returning officer shall
thereafter determine the new venue at which
the counting of votes shall take place.
(2) In the event of a change of venue of a
counting centre under subsection (1), adequate
notice of the new venue at which the counting
is due to take place and the time at which the
counting is due to commence, shall be notified
by the assistant returning officer, to the
counting agents appointed under section 60,
Insertion of new
section 59 B in
the principal
enactment.
“Change of
venue for
counting of
votes.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 28
who are present at the counting centre at the
particular time.
(3) The counting of votes at the new venue
as determined by the assistant returning officer
shall be conducted by the presiding officer of
the polling station, with the assistance of the
staff at that polling station.
(4) At the close of the counting of votes at
the new venue, the counting officer shall
submit to the returning officer of the electoral
area, a report on the incident, disturbance or
the security reason, as the case may be, which
warranted the change of the venue of the
counting centre and returning officer shall
communicate to the Commissioner the
information contained in such report.”
41.Section 60 and 61 of the principal enactment are
hereby repealed and the following sections substituted
therefor :—
60. Each authorized agent of a recognised
political party or group leader of an independent
group, as the case may be, shall be entitled to
appoint two agents (hereinafter referred to as
the “counting agents”) to attend the counting
of votes at each polling station. The names,
addresses and the National Identity Card
numbers of the agents so appointed shall be
given in writing to the counting officer before
the commencement of the count. A candidate
may remain in the polling station at the time of
the counting of votes, only as a counting agent.
61. (1) The counting officer of each polling
station shall make arrangements for the
counting of votes in the presence of the
“Appointment
of counting
agents. Replacement of
sections 60 and
61 of the
principal
enactment.
Time of
count and
declaration
of result.

29 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
counting agents, as soon as possible after the
close of the poll.
(2) The counting officer shall on
completing the counting of votes forward the
result of such count to the chief counting
officer appointed to the ward under
subsection (3) of section 59
A.
(3) The time of commencement of the count
and the time and place of declaration of the
result of such count, shall be intimated in
writing by the returning officer of the electoral
area to all the candidates who are contesting
in the particular ward.”.
42.Section 63 of the principal enactment as amended
by Act, No. 24 of 1987 is hereby further amended as
follows :—
(1) in subsection (1) of that section :—
(a) by the repeal of paragraph (b) of that
subsection and the substitution therefor of
the following paragraph :—
“ (b) on which votes are marked for more
than one recognized political party or
independent group;”;
(b) by the repeal of paragraph (d) of that
subsection and the substitution therefor of
the following paragraph:—
“(d) which is unmarked or void for
uncertainty as to which recognized
political party or independent group
the vote is marked;”;
Amendment of
section 63 of the
principal
enactment.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 30
(2) by the repeal of subsection (6) of that section and
the substitution therefor of the following
subsection :—
“(6) The counting officer shall prepare a
written statement in words as well as in figures,
of the number of votes given to each recognized
political party or independent group. The
statement so prepared shall be certified by the
counting officer and witnessed by one of his
clerks and the counting agents who are present
and who desires to sign.”; and
(3) by the repeal of subsections (6
A), (6 B) and (6c) of
that section.
43. Section 64 of the principal enactment as amended
by Act, No. 24 of 1987 is hereby further amended by the
repeal of subsection (2) of that section and the substitution
therefor of the following subsection :—
“(2) Each counting officer shall deliver to the chief
counting officer in charge of the ward appointed under
subsection (3) of section 59
A, the packets containing
unused ballot papers, spoilt ballot papers, tendered
ballot papers, marked copies of the electoral list,
counterfoils of the ballot papers issued, tendered votes
list, the list of voters to whom ballot papers were not
issued under section 53
A, the ballot paper account,
written statement of the number of votes given to each
recognized political party or independent group and
the record of the counting of votes under subsection
(2) of section 62, together with the sealed packets
referred to in subsection (1).”.
44.Section 65 of the principal enactment is hereby
repealed and the following section is substituted therefor :—
Replacement of
section 65 of
the principal
enactment. Amendment of
section 64 of the
principal
enactment.

31 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
65. (1) Upon receipt of the documents
referred to in section 64, the chief counting
officer in charge of the ward appointed under
subsection (3) of section 59
A, shall declare as
elected as member of the ward, the name of the
candidate belonging to the recognized
political party or the independent group who
obtained the highest number of votes in that
ward and who was nominated by such
recognized political party or independent
group in its nomination paper as its candidates
for that ward. He shall also declare the number
of votes received by all the other recognized
political parties and independent groups,
which contested the election in that ward.
(2) Where an equality of votes is found to
exist between any two or more recognized
political parties or two or more independent
groups, and the addition of a vote would entitle
the nominated candidate of one such
recognized political party or independent
group to be elected, the determination of the
recognized political party or independent
group to which such additional vote shall be
deemed to have been given, shall be made by
lot drawn in the presence of the chief counting
officer, in such manner as he shall determine.
(3) After making the declaration of the
candidate who is elected as the member of the
ward, the chief counting officer shall,
immediately upon receipt of the documents
referred to in subsection (1) and (2) of section
64, deliver to the returning officer all such
documents so received.”.
“Declaration
of candidate
obtaining
highest votes
as a member.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 32
45.Section 65 A of the principal enactment is hereby
repealed and the following section substituted therefor :—
65
A. (1) In the case of a multi member ward.
The candidates to be declared as elected
members of that ward, shall be based on the
number of votes polled by each recognized
political party and independent group which
contested the election in such ward. The
counting officer shall declare first the candidate
of the recognized political party or the
independent group, who or whcih as the case
may be, who polled the highest number of
votes, an elected member for that ward and the
balance number of members required to be
elected as members of that ward, being declared
accordingly.
(2) If due to any reason whatsoever, a single
recognized political party or independent
group alone has contested at an election in
any multi member ward, the candidates to be
declared elected as members of such multi
member ward shall be nominated by the
secretary of the recognized political party or
the leader of the independent group, as the case
may be, from among the persons whose names
appear in the list of additional persons included
in the nomination paper submitted by such
recognized political party or independent
group, as the case may be.”.
46.The following new section is hereby inserted
immediately after section 65
A of the principal enactment
and shall have effect as section 65
B of that enactment :—
65
B. (1) Upon the declaration under section
65, all the members elected for all the wards of
the electoral area, the number of members for
that local authority to be returned under
paragraph (b) of subsection (1) of section 5 of
Replacement of
section 65 A of
the principal
enactment.
“Declaration
of members
to be elected
to a multi
member
ward.
“Candidates
entitled to be
returned to
represent
electors who
have not
secured any
representaion Insertion of new
section 65
B in
the principal
enactment.

33 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
the Municipal Councils Ordinance (Chapter
252) paragraph (b) of subsection (1) of section
5 of the Urban Councils Ordinance (Chapter
255) or paragraph (b) of subsection (1) of section
4 of the Pradeshiya Sabha Act, No. 15 of 1987,
as the case may be, shall be apportioned in the
manner hereinafter provided for in this section.
(2) The total number of votes received by
all the candidates of each recognized political
party and independent group, excluding the
votes polled by:—
(a) those candidates who were declared
elected as members of each ward under
section 65; and
(b) those candidates of each recognized
political party and independent group,
who received less than one-twentieth of
the total number of valid votes polled in
the ward in which such candidate
contested,
(hereinafter in this section referred to as
“balance candidates”), shall then be added and
the percentage of the aggregate, to the total
valid votes polled by all the candidates who
are elected to the serveral wards of the local
authority together with the votes polled by the
balance candidates shall be the criteria for
determining the number of members to be
returned in terms of subsection (1).
(3) The number of members to be returned
in terms of subsection (1) shall, where the
percentage determined under subsection (2):—
(a) exceeds thirty per centum, shall be thirty
per centum of the total number of members

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 34
to be elected to all the wards of that local
authority area, under this section; or
(b) is less than thirty per centum, shall be
equal to that percentage of the number of
members to be elected to all the wards of
that local authority area, under this section.
(4) Where the number constituting thirty
per centum referred to in subsection (3) is an
integer and fraction, the integer shall be
deemed to be the number which shall
constitute such thirty per centum, for the
purpose of that subsection.
(5) The number of members to be returned
as determined under subsection (3), shall be
apportioned among the recognized political
parties and independent groups which
contested in that election, by dividing the
aggregate of the total valid votes polled by the
balance candidates by the number of members
entitled to be returned as determined under that
subsection. The number resulting from such
division (any fraction not being taken into
account) shall hereinafter in this section be
referred to as the “qualifying number”.
(6) The aggregate of the votes received by
the balance candidates of each recognized
political party and independent group, shall
then be divided by the qualifying number, in
order to ascertain the number of persons
entitled to be returned as members of that local
authority in terms of subsection (1) by such
recognized political party or independent
group, as the case may be. Where the number
ascertained by this method is an integer and a
fraction, the integer shall be deemed to be the
number for the purpose of this subsection.
(7) Where at the conclusion of ascertaining
the number of members to be returned by any

35 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
recognized political party or independent
group on the method specified in subsection
(5), there remains a further number of members
to be returned under the proportional
representation system as determined under
subsection (3), such remaining number shall
be allocated on the basis of the highest fraction
received by each recognized political party or
independent group, as ascertained under
subsection (6).
(8) The returning officer shall inform the
secretary of the recognized political party or
the leader of the independent group, as the case
may be, which is entitled to return a member as
ascertained under subsection (5), of the number
of members that such recognized political party
or independent group, as the case may be, is
entitled to return and request such secretary or
leader, as the case may be, to nominate from
among the persons, whose names were included
in the nomination paper under paragraph (b)
of subsection (1) of section 5 of the Municpal
Councils Ordinance (Chapter 252) or
paragraph (b) of subsection (1) of section 5 of
the Urban Councils Ordinance (Chapter 255)
or paragraph (b) of subsection (1) of section 4
of the Pradeshiya Sabha Act, No. 15 of 1987,
as the case may be, the names of persons who
are to be returned as members under that
subsection.
(9) The names of the candidates who are
returned under this section shall thereafter be
declared by the returning officer of the
respective electoral area.”.
47.Section 66 of the principal enactment is hereby
repealed and the following section is substituted therefor :—
66. (1) Upon the declaration of the
candidates elected as members of each ward
under section 65 and of those candidates
returned under section 65
A of this Ordinance
Replacement of
section 66 of the
principal
enactment.
“Publication
of the result.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 36
in respect of a local authority, the returning
officer of the electoral area of such local
authority shall :—
(a) publish a notice specifying the names
of all the candidates elected or returned
as members of the local authority; and
(b) report to the Commissioner the result
through the election officer of the
district in which the electoral area is
situated.
(2) The Commissioner shall upon receipt of
the report of the result, cause the names of the
candidates elected to be members of that local
authority, to be published in the Gazette.”.
48.The following new sections are hereby inserted
immediately after section 66 of the principal enactment and
shall have effect as sections 66
A, 66 B, 66 C, 66 D, 66 E, 66 F and
66
G of that enactment :—
66
A. (1) Where the office of a member of a
local authority falls vacant under the
provisions of the Municipal Councils
Ordinance (Chapter 252) Urban Councils
Ordinance (Chapter 255) or the Pradeshiya
Sabha Act, No. 15 of 1987, as the case may be,
the returning officer appointed for the electoral
area in which such local authority is situated,
shall, where such vacancy is in respect of a
member—
(a) elected for any ward in that electoral area by
ballot, request the secretary to the
recognized political party or the leader of
the independent group, as the case may be,
to which such member belongs, to nominate
within thirty days of the occurrence of the
vacancy, any other person who is qualified
under section 8 of this Ordinance to be
elected as a member of local authority to fill
that vacancy in the ward in which the
vacancy has occurred; or
Insertion of new
sections 66A,
66B, 66C. 66D,
66E, 66F and
66G in the
principal
enactment.”Filling of
vacancies in
local
authorities.

37 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
(b) returned under section 65
A of this
Ordinance then, depending on whether
the candidate whose office fell vacant is
from a recognized political party or an
independent group, call upon the
secretary of the recognized political party
or the leader of the independent group, as
the case may be, to nominate within thirty
days of the occurrence of the vacancy a
person to fill such vacancy from among
those persons nominated by such
recognized political party or the
independent group under paragraph (b)
of subsection (1) of section 5 of the
Municipal Councils Ordinance (Chapter
252) or paragraph (b) of subsection (1) of
section 5 of the Urban Councils
Ordinance(Chapter 255) or paragraph (b)
of subsection (1) of section 4 of the
Pradeshiya Sabha Act, No. 15 of 1987, as
the case may be and where no person
remains to be so nominated the returning
officer shall request the secretary of the
recognized political party or leader of the
independent group, as the case may be, to
nominate a person qualified to be elected
as a member in terms of section 8 of this
Ordinance to fill such vacancy.
(2) The candidate elected to fill a vacancy
of any member of a local authority under
subsection (1), shall hold office only for the
unexpired period of the term of office of the
member whom he succeeds.
66
B. (1) Where any recognized political
party or independent group has obtained
fifty per centum or more of the total number
of seats in a local authority, the Commissioner
shall upon the publication by the
Commissioner under subsection (2) of section
66 of names of the candidates elected Declaration of
Mayor, where a
recognized
political party
or independent
group receives
over fifty per
centum of the
seats

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 38
a s members of such local authority, call upon
the secretary of such recognized political party
or the leader of that independent group, as the
case may be, to determine from among members
who belong to such recognized political party
or the independeent group, as the case may be,
the members who shall be declared as the
Mayor and the Deputy Mayor, respectively, of
such local authority.
(2) Where the office of Mayor or Deputy
Mayor as determined under subsection (1) of
this section falls vacant during the term of office
of such local authority, the Commissioner shall,
subject to the provisions of subsection (4) of
this section, call upon the secretary of the
recognized political party or the leader of the
independent group, as the case, may be, to
which such Mayor or the Deputy Mayor
belonged, to determine the members from
among the members of that local authority who
belong to such recognized political party or
the independent group, as the case may be,
who shall become the new Mayor or the Deputy
Mayor of the local authority and communicate
the same, within thirty days, to the
Commissioner. Upon receipt of such
determination, the Commissioner shall declare
the member named in such determination, as
the new Mayor or the Deputy Mayor, as the
case may be, of that local authority.
(3) In the event that such communication
is not received within the aforesaid thirty days
under subsection (2), the Commissioner shall
proceed to appoint as the new Mayor or deputy
Mayor, the member who has obtained the

39 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
highest percentage of votes and who belongs
to the recognized, political party or the
independent group as the case may be, to which
the Mayor or the Deputy Mayor whose office
fell vacant” belonged.
(4) Notwithstanding the provisions of
subsection (2) of this section, where a vacancy
occurs in the office of Mayor as a result of the
Mayor being deemed to have resigned his
office under section 215
A of the Municipal
Councils Ordinance (Chapter 252) or section
178
A of the Urban Councils Ordinance
(Chapter 255) or section 169 of the Pradeshiya
Sabha Act, No. 15 of 1987, as the case may be,
and such vacancy is filled in accordance with
the procedure specified in that subsection, and
the member so appointed to fill such vacancy
himself resigns thereafter from his office as
Mayor under the sections referred to above,
the vacancy so created shall not be filled
following the procedure specified in
subsection (2) of this section. In such an
instance, the local authority in which the
vacancy in the office of Mayor has occurred
“be deemed to be dissolved, and in terms of the
powers conferred by section 2 of the Provincial
Councils (Consequential Provisions) Act, No.
12 of 1989 the Provincial Minister in charge
of the subject of Local Government or the
Governor of the Province as the case may be,
shall appoint a Sepcial Commissioner, for the
local authority concerned who shall hold office
as Special Commissioner, for the balance period
remaining of the term of office of such local
authority.
66
C. (1) Where any recognized political
party or independent group has obtained
less than fifty per centum of the total
number of seats in a local authority, the
Mayor and the Deputy Mayor of such First meeting
of the Local
Authority.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 40
local authority shall be elected at the first
meeting of such local authority.
(2) The first meeting of the Council shall
be convened by the Commissioner of Local
Government within one week of the publication
by the Commissioner under subsection (2) of
section 66, of the names of the candidates
elected and returned as members of any local
authority, by notice published in that behalf.
Such notice shall be given not less than seven
days before the date fixed for the meeting and
shall be:—
(a) published in the Gazette and in one
newspaper each, in all three languages;
and
(b) dispatched by registered post to each of
the members of that Council.
(3) Every notice published under
subsection (1), shall specify the date, time and
place of the first meeting and the date to be
so specified shall be a date within one month
next succeeding the date appointed for the
commencement of the term of office of the
Council or in the case of a Council elected as
successor to a Council going out of office
otherwise than by effluxion of time, within
one month next succeeding the date on which
the election or nomination of the members of
the new Council is completed.
(4) Where for any reason the meeting is not
held on the date specified in the notice
published under subsection (1), the
Commissioner of Local Government may, by
further notice or notices published in that

41 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
behalf, convene the meeting for any other date,
so however that such other date is within one
month next succeeding the date specified in
the notice published under subsection (2).
66
D. (1) The first meeting and any other
meeting that may be convened under section
66
C until the election of a Mayor, shall be
presided over by the Commissioner of Local
Government (in this section referred to as the
“presiding officer”).
(2) The members of the Council shall at its
first meeting, elect one of their members to be
the Mayor of the Council.
(3) The election of the Mayor of the
Council under subsection (2) shall not take
place, unless there is present at such meeting a
quorum consisting of not less than half the
membership of the Council.
(4) Any member of the Council may, with
his consent, be proposed and seconded for
election as Mayor by any other member present
at the meeting.
(5) Where only one name of the member is
proposed and seconded for election as Mayor,
the presiding officer of the meeting at which
the election takes place, shall declare that
member elected as the Mayor.
(6) Where two or more names of members
are proposed and seconded for election as
Mayor, the mode of election shall be by open
voting, and the presiding officer shall take the
votes by calling the name of each member
present and asking him how he desires to vote
and recording the votes accordingly. A
member may decline to vote and in such a case,
Procedure
for the
election of
Mayor and
Deputy
Mayor at the
first meeting
or other
meeting of a
local
authority.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 42
the presiding officer shall record the fact of
such member declining to vote.
(7) Where it is determined under subsection
(6) that the election of the Mayor shall be by
open voting, the pesiding officer shall take the
votes by calling the name of each member
present and asking him how he desires to vote
and recording the votes accordingly. A member
may decline to vote and in such a case, the
presiding officer shall record the fact of such
member declining to vote.
(8) Where it is determined under subsection
(6) that the election of a Mayor shall be by
secret voting, the election shall be by ballot
papers.
(9) At the end of the proceedings for the
election of a Mayor, the presiding officer shall
declare the result of the voting.
66
E. (1) Where the names of more than two
members are proposed and seconded for
election as Mayor and no single member
receives at the first voting more votes than the
aggregate of the votes received by the
remaining members, one member shall be
excluded from the election as hereinafter
provided, and the voting shall proceed in the
same manner, one member being excluded
from the election after each subsequent voting,
until a member receives more votes than the
aggregate of the votes received by the
remaining members at that voting or until
voting in respect of two members only is held
and completed, as the case may be.
(2) The manner in which a member may be
excluded from the election as referred to in
subsection (1), shall be as follows :— Where no
member
obtain the
required
number of
votes.

43 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
(a) if the number of votes received by one
member is lower than the number of
votes received by each of the remaining
members, the candidate receiving the
lowest number shall be excluded; and
(b) if each of all the members receive an
equal number of votes or if each of two
or more members receives an equal
number of votes which is less than the
number of votes received by the
remaining member or each of the
remaining members, one of the members
receiving the equal number of votes
shall be excluded and the determination
as to which of the members is to be
excluded, shall be made by lot to be
drawn in the presence of the presiding
officer, in such manner as he shall
determine.
(3) Where there are two members at any
voting and the number of votes cast is equally
divided and the addition of one vote would
entitle one of the members to be elected as
Mayor, the determination of the member to
whom the additional vote shall be deemed to
have been given, shall be made by lot to be
drawn in the presence of the presiding officer,
in such manner as he shall determine.
66
F. (1) The first Deputy Mayor of a local
authority shall be elected at the first meeting
of the Council held under section 66
C, presided
over by the newly elected Mayor.
(2) The provisions of sections 66c and 66
D
shall apply in respect of the election of a
Deputy Mayor, in like manner as though every
Election of
Deputy
Mayor.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 44
reference in those sections to “Mayor” were a
reference to Deputy Mayor.
66
G. Whenever the office of Mayor or
Deputy Mayor of a Council falls vacant during
the term of office of such Council, the
Commissioner of Local Government shall,
within two weeks of his receiving notice from
the Council of such vacancy and by notice or
notices served in accordance with the
provisions of subsections (2) or (4) of section
66
C, convene a meeting for the election of a
new Mayor or Deputy Mayor, as the case may
be, and the date specified for the meeting in
such notice or notices shall be such as to ensure
that the new Mayor or Deputy Mayor, as the
case may be, is elected within six weeks next
succeeding the occurrence of the vacancy.”.
49.Section 67 of the principal enactment is hereby
amended by the repeal of subsection (2) of that section, and
the substitution therefor of the following subsection:—
“(2) The returning officer shall forward to the elections
officer of the district in which the electoral area is situated,
all the ballot papers, a statement of the number of votes
given to each candidate, the ballot paper account, tendered
votes list, packets of counterfoils and the marked copies
of electoral lists sent by the counting officers under
section 64, endorsing on each packet a description of its
contents, the date of the election to which they relate and
the names of the wards in which the election was held.”.
50.Section 68 of the principal enactment is hereby
repealed.
51.Section 69
A of the principal enactment is hereby
repealed.
Amendment of
section 67 of the
principal
enactment.
Repeal of
section 68 of the
principal
enactment.
Repeal of
section 69A of
the principal
enactment.Vacancy in
the office of
the Mayor or
Deputy
Mayor.

45 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
52.The following new section is hereby inserted
immediately after section 72 of the principal enactment and
shall have effect as section 72
A of that enactment :—
72
A.(1) Where due to the occurrence of
certain events of such a nature :—
(a) it is not possible to commence the poll
at a polling station at the hour fixed for
the commencement of the poll;
(b) the poll at such polling station
commences at the hour fixed for the
opening of the poll, but cannot be
continued until the hour fixed for the
closing of the poll;
(c) it is not possible to conduct the poll at
that polling station, due to any reason
beyond the control of presiding officer;
(d) one or more polling agents are threatened,
executed or chased out of the polling
station during a disturbance at the poll;
(e) the polling staff is unable to arrive at
the polling station due to any
obstructions on the way;
(f) any disturbance of peace at the polling
station makes it impossible to conduct
the poll at such polling station;
(g) any stuffing of ballot papers is forcibly
carried out by any person; or
(h) there is no genuine, free, fair and secret
poll at any polling station,
the presiding officer of that polling station shall
forthwith inform the returning officer, who in “Disturbances
at polling
stations.Insertion of new
section 72A in
the principal
enactment.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 46
turn shall inform the Commissioner of such
event.
(2) The Commissioner may upon receiving
any information under subsection (2) and after
making such inquiries as he may consider
necessary to ascertain the accuracy of such
information received, by Order published in
the Gazette declare the poll taken at such
polling station void.”.
53.Section 73 of the principal enactment is hereby
repealed and the following section is substituted therefor :—
73. A candidate for election at any election
under this Ordinance may himself do any act
or thing which a counting agent of his, if
appointed, would have been required or
authorized to do or may assist such agent in
doing any such act or thing. However prior to
acting under this section, the candidate shall
make the declaration required to be made by
such an agent.”.
54. Section 74 of the principal enactment is hereby
repealed and the following section substituted therefor :—
74. Where under this Ordinance any act or
thing is required or authorized to be done in
the presence of any agent or agents of the
candidate at any election under this Ordinance,
the non-attendance of any such agent or agents
at the time and the place appointed for the
purpose shall not, if that act or thing is otherwise
duly done, invalidate the act or thing done.”.
55.Section 75 of the principal enactment is hereby
repealed and the following section substituted therefor :—
75. Any person who has voted at any
election under this Ordinance shall not, in any
“Non
attendance of
the agents of
candidates.
Replacement of
section 75 of the
principal
enanctment.
“Prohibition
of discloser
of vote. Replacement of
section 74 of the
principal
enactment.”Candidates
may act as
his own
counting
agent or
agent or
assist such
agent. Replacement of
section 73 of the
principal
enactment.

47 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
legal proceeding instituted to question such
election, be required to state for whom he
voted.”.
56. Section 75
A of the principal enactment is hereby
repealed and the following section substituted therefor:–
75
A. Where any person designated as the
group leader of an independent group dies
during pendency of, or after, an election, to a
local authority, the person whose name has
been nominated by the group leader as his
authorized agent shall be deemed to be the
group leader of that independent group”.
57. The following new section is hereby inserted
immediately after section 76 of the principal enactment and
shall have effect as section 76
A of that enactment :—
76
A. If any difficulty arises in the conduct
of an election under this Ordinance, the
Commissioner may by Order published in the
Gazette, issue all such directions as he may
consider necessary, with a view to providing
for any special or unforeseen circumstances or
for the determination or adjustment of any
question or matter for the determination or
adjustment of which, no provision or effective
provision is made by this Ordinance.”.
58.Section 78 of the principal enactment as last
amended by Act, No. 25 of 1990, is hereby further amended
in subsection (1) of that section by the repeal of paragraph
(aa) of that subsection.
59. Section 81
A of the principal enactment is hereby
amended in subsection (1) of that section by the repeal of
paragraph (c) of that subsection and the substitution therefor
of the following paragraph:—
Insertion of new
section 76A in
the principal
enactment.
Amendment of
section 81A of
the principal
enactment. Replacement of
section 75 of the
principal
enactment.
“Group
leader.
“Commissioner
to issue
directions.
Amendment of
section 78 of the
principal
enactment.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 48
“(c) persuading any voter not to vote for a candidate
of any particular political party or independent
group.”.
60.Section 81
B of the principal enactment is hereby
amended as follows :—
(1) by the insertion immediately after subsection (1) of
that section, of the following new subsection :—
“(1
A) During the period commencing on the
first day of the nomination period of any election
under this Ordinance and ending on the day
following the date on which the poll is taken at
such election :—
(a) no ad-hoc appointments in any
Government institution or in any public
undertaking, which may have the effect of
influencing the voters to vote in favour of
any particular candidate contesting from
the political party in power shall be made ;
and
(b) no Minister or any Minister of the Board of
Ministers of any Provincial Council, shall
enter any polling station during the poll or
during the counting of votes, except for
the purpose of casting his vote.”;
(2) in subsection (2) of that section, by the substitution
for the words “provisions of subsection (1)”, of the
words “provisions of subsections (1) or (1
A)”; and
(3) in subsection (5) of that section, by the substitution
for the words “the provisions of subsection (1)”, of
the words “the provisions of subsection (1) or (1
A)”.
61. Section 82 of the principal enactment is hereby
amended by the substitution for the words “whether in the
Amendment of
section 82 of the
principal
enactment. Amendment of
section 81
A of
the principal
enactment.

49 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
same electoral area”, of the words “whether in the same ward,
the same electoral area”.
62.Section 82c of the principal enactment is hereby
amended in subsections (2), (3) and (4) of that section, by
the substitution for the words “any recognized political party
or independent group”, wherever those words appear in those
subsections, of the words “for a candidate of any recognized
political party or independent group”.
63.Section 82
D of the principal enactment is hereby
amended in paragraphs (h) of that section, by the substitution
for the words “recognized political party or independent
group” wherever those words appear in that paragraph, of
the words “candidate of a recognized political party or
independent group”.
64.Section 82
P of the principal enactment is hereby
amended in subsection (1) of that section, as follows :—
(1) by the substitution for the words “in respect of any
electoral area”, of the words “in respect of any ward
of any electoral area”;
(2) in paragraph (a) of that subsection, by the
substitution for the words “for the recognized
political party or independent group which it
preferred”, of the words “for the candidate of any
recognized political party or independent group
which it preferred”.
65.Section 82
Q of the principal enactment is hereby
amended by the substitution for the words “election petition
is in relation to an election for any electoral area”, of the
words “election petition is in relation to an election for any
ward of an electoral area”.
66.Section 82
R of the principal enactment is hereby
amended as follows:—
Amendment of
section 82P of
the principal
enactment. Amendment of
section 82D of
the principal
enactment.
Amendment of
section 82Q of
the principal
enactment.
Amendment of
section 82R of
the principal
enactment. Amendment of
section 82C of
the principal
enactment.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 50
(1) in paragraph (a) of that section, by the substitution
for the words “elected at such election”, of the words
“elected for any ward at such election”; and
(2) in paragraph (b) of that section, by the substitution
for the words “a candidate at such election”, of the
words “a candidate for any ward at such election”.
67.Section 82
S of the principal enactment is hereby
amended in paragraph (a) of that section, by the substitution
for the words “in respect of any electoral area”, of the words
“in respect of any ward of any electoral area”.
68.Section 82
U of the principal enactment is hereby
amended in paragraph (e) of that section, by the substitution
for the words “in respect of any electoral area”, of the words
“in respect of any ward of any electoral area”.
69.Section 82
AD of the principal enactment is hereby
amended in paragraph (c) of that section, by the substitution
for the words “election in respect of any electoral area is to
be declared void”, of the words “election in respect of any
ward of any electoral area is to be declared void.”.
70. Section 82
AG of the principal enactment is hereby
repealed and the following section is substituted
therefore:—
82
AG . No elector who has voted at an
election shall, in any proceeding to question
such election, be required to state for which
candidate he has voted.”.
71.Section 84 of the principal enactment is hereby
amended by the substitution for the words “electoral lists of
any electoral area”, of the words “electoral list of each ward
of any electoral area”.
Amendment of
section 82 U of
the principal
enactment. ✝
Amendment of
section 82
AD of
the principal
enactment.
Replacement of
sectin 82
AG of
the principal
enactment.
Replacement of
sectin 84 of the
principal
enactment.”Expenses
of election. Amendment of
section 87S of
the principal
enactment.

51 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
72.Section 86 of the principal enactment is hereby
repealed and the following section is substituted
therefore:—
86. All expenses incurred under this
Ordinance in the preparation of the electoral
list of each ward of any electoral area, in
connection with the nomination of candidates
for the purpose of any election of any local
authority and in the conduct of a general
election, shall be defrayed out of the
Consolidated Fund.”.
73.Section 89 of the principal enactment as last
amended by Act, No.25 of 1990, is hereby further amended
as follows :—
(1) immediately after the definition of the expression
“appointed date”, of the following new definition:
“approved symbol” means a symbol approved
by the Commissioner for the purposes of this
Ordinance, by notification published in the
Gazette.”;
(2) by the repeal of the definition of the expresion
“authorized agent”; and
(3) by the insertion immediately after the definition of
the expression “Commissioner of Elections”, of the
following new definition :—
“Council” means a Municipal Council, an Urban
Council or a Pradeshiya Sabha, as the case
may be;”;
Replacement of
tsection 89 of
the principal
enactment. “Expenses of
election.Replacement of
sectin 86 of the
principal
enactment.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 52
74.The First Schedule to the principal enactment is
hereby repealed and the following Schedule is substituted
therefor :—
“FIRST SCHEDULE[Section 28 (2)] FORM OF NOMINATION PAPER
……………………………..Council/Pradeshiya Sabha
The………..Party, being a recognized political party/independent
group of candidates [of which (in the case of an independent
group)……………….. is the group leader], hereby nominates the
following persons as candidates for election of members of
the…………….. Municipal Council/Urban Council/Pradeshiya Sabha.
GROUP I – CANDIDATES
123 4 5 6 7
Name NameAddress OccupationWomen (W)Polling
and and NIC Youth (Y)District Signature
Number Number NumberSignifying
of and Serialconsent
ward✝Number of
of candidate
candidate
GROUP 1I – ADDITIONAL PERSONS
123456
Name Address OccupationWomen (W)PollingSignature
and NIC Youth (Y)DistrictSignifying
Number Numberconsent
and Serial Number
Number of of
additional additional
person person
I do hereby certify that all the youth candidates whose names
appear in this nomination paper are within the age stipulated in section
89 of the Ordinance.
Replacement of
the first section
to the principal
enactment.

53 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
Signature of Secretary of recognized political party/group leader.
Name :………………………………………………………………………………
Address :……………………………………………………………………………
Signed by the above named
…………………………………….
Secretary of recognized political party/group leader in my presence
at…………………. on this……………….day of……………2010.
State whether it is a multi member ward, indicating by the
inclusion of one asterisk * in the case of election of two
members and by two (**) in the cause of election of three
members.
Before me
(Justice of the Peace/Commissioner for Oath)
75.The Second Schedule to the principal enactment is
hereby repealed and the following Schedule is substituted
therefor :—
“SECOND SCHEDULE[Section 45] FORM OF DIRECTIONS FOR THE GUIDANCE OF A VOTER IN
VOTING, WHICH SHALL BE EXHIBITED OUTSIDE EVERY
POLLING STATION AND IN EVERY COMPARTMENT OF EVERY
POLLING STATION
Every voter shall have one vote, which may be given to the
candidate of a recognized political party or independent group, of his
choice.
. The voter will go into one of the compartments and place a cross
(X) on the right hand side of the ballot paper opposite the symbol of
the recognized political party or the independent group as the case
may be.
The voter who cast his vote by a ballot paper will then fold up the
ballot paper so as to show the official mark on the back to the presidingReplacement of
the Second
Schedule to the
principal
enactment.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 54
officer and put the ballot paper into the ballot box, and forthwith quit
the polling station.
If the voter inadvertently spoils a ballot paper, he can return it to
the presiding officer, who will, if satisfied with such inadvertence,
give him another ballot paper.
If the voter :—
(a) votes for more than one candidate, or
(b) places any mark on the ballot paper by which he may be
afterwards identified,
his ballot paper will be void and will not be counted.
If the voter takes a ballot paper out of the polling station or puts
into a ballot box anything other than a ballot paper which he is
authorized to put into the box, he will be liable on conviction after
summary trial before a Magistrate to a fine not exceeding five hundred
rupees or to imprisonment of either description for a term not
exceeding six months or both such fine and imprisonment.”.
76.The Third Schedule to the principal enactment is
hereby repealed and the following Schedule is substituted
therefor :—
“THIRD SCHEDULE[Section 47] FORM OF FRONT OF BALLOT PAPER
Counterfoil No.
PARTY “A”SYMBOL
PARTY “B”SYMBOL
PARTY “C”SYMBOL
“INDEPENDENT GROUP” 1SYMBOL
“INDEPENDENT GROUP” 2SYMBOL
“INDEPENDENT GROUP” 3SYMBOL
77.The Fourth Schedule to the principal enactment is
hereby repealed and the following Schedule is substituted
therefor :—
Replacement of
the Third
Schedule to the
principal
enactment.
Replacement of
the Fourth
Schedule to the
principal
enactment.

55 Local Authorities Elections (Amendment)
Act, No. 22 of 2012

“FOURTH SCHEDULE[Section 76(1) ] FORM OF DECLARATION OF SECRECY
I ……………… (name), solemnly promise and declare that I will
not at this election for the ……………… ward of the electoral area of
the ……… .. Municipal Council/Urban Council/Pradeshiya Sabha, do
anything forbidden by section 76 of the Local Authorities Elections
Ordinance, which has been read to me.
………………………………… ……………………………..
Name and designation Signature of declarant
of person taking the declaration
Note – This section must be read to the declarant by the person
taking the declaration.”.
78.The Seventh Schedule to the principal enactment is
hereby repealed and the following Schedule is substituted
therefor :—
“SEVENTH SCHEDULE[Section 53A] FORM OF THE LIST
List of Voters to whom ballot papers were not delivered
Name of Local Authority:………………………………………………
Ward No.: ……………………………………………..
Date of Election: ……………………………………………
.
Polling Station : …………………………………………….
No valid
identity
document
or
identity
not
established
No.in
electoral
listName
of voterAddress
of
voter Reason for not delivering ballot paper
Refused
appropriate
inspection Already
marked
with
appropriate
markRefuses to
be marked
with
appropriate
mark
Replacement of
the Seventh
Schedule to the
principal
enactment.

Local Authorities Elections (Amendment)
Act, No. 22 of 2012 56
79.The Eight Schedule to the principal enactment is
hereby repealed.
80.In the event of any inconsistency between the
Sinhala and Tamil texts of this Act, the Sinhala text shall
prevail.
81.(1) Every reference in the principal enactment to
“elections officer of the district” and “elections officer”
shall, after the commencement of this Act, be read and
construed as a reference to the district returning officer
appointed under subsection (1) of section 4 of the principal
enactment, for the district within which the relevant electoral
area is situated.
(2) Section 34 of the Local Authorities Elections
(Amendment) Act, No. 24 of 1987 is hereby repealed.
82.Where, as at the date of the coming into operation
of this Act, the poll for the election of Chairman or members
to the Puthukudiruppu Pradeshiya Sabha and Maritime
Paththu Pradeshiya Sabha was not taken due to the said
election being postponed within the limits of the said Sabhas
for the reasons that the demining process has not being
completed and therefore resettlement had not being
completed then, notwithstanding anything to the contrary
in any other written law for the time being in force, the poll
for the next elections in espect of the two Pradeshiya Sabhas
mentioned above shall be taken in terms of the provisions of
the Local Authorities Elections Ordinance (Chapter 262)
which were in operation in respect thereof on the date
immediately prior to the date of the coming into operation
of this Act.
Interpretation
and repeal.
Law applicable
to the holding of
elections in
respect of
certain local
authorities. Repeal of the
eight schedule to
the principal
enactment.
Sinhala text to
prevail in case
of inconsistency.

57 Local Authorities Elections (Amendment)
Act, No. 22 of 2012
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