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Notice from Elections Commissioner

Commissioner of Elections Dayananda Dissanayake has issued a notice to all custodians of movable or immovable property belonging to the State or any Public Co-operation pertaining to their use during an election that he would be empowered under the constitution to prohibit the use of such property to promote or prevent the election of any candidate or political party or independent group contesting at the election.

In a release issued yesterday, the Commissioner has drawn attention to the Proclamations published by the President in the Gazette Extraordinary number 1326/13 dated February 7, 2004 on the forthcoming Parliamentary Election to be held on April 2.

The release states: "In terms of Article 104A of the Constitution of the Democratic Socialist Republic of Sri Lanka, the period of an elections means that the period commencing on the making of a Proclamation for the conduct of an election, and ending on the date on which the result of poll taken at such election is declared.

In order to draw the attention of the custodian of the movable and immovable property belonging to the State or any public corporation, the Article 104B(4)(a) of the Constitution of the Democratic Socialist Republic of Sri Lanka is quoted below:

104B(4)(a) The Commission shall have the power during the period of an election, to prohibit the use of any movable or immovable property belonging to the State or any public corporation:

(i) for the purpose of promoting or preventing the election of any candidate or any political party or independent group contesting at such election.

(ii) by any candidate or any political party or any independent group contesting at such election.

By a direction in writing by the Chairman of the Commission or of the Commissioner-General of Elections on the instruction of the Commission.

(b) It shall be the duty of every person or officer in whose custody or under whose control such property is for the time being, to comply with and give effect to such direction.

It is notified hereby that it is prohibited that the use of any movable or immovable property by anyone belonging to the State or any public corporation for the purpose of promoting or preventing the election of any candidate or any political party or independent group contesting above mentioned election.

By virtue of operation of Section 27(2) of the 17th Amendment the powers and functions contemplated both in the Parliamentary Elections Act and the 17th Amendment could be exercised by the Commissioner of Elections until the Election Commission is constituted."

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