CA Dilan Perera v. Rajitha Senaratne (Yapa, J.j 91 not addressed their minds to this matter. It is against this background that we have to consider the arguments as to whether the draftsman of the Constitution left a vacuum in this respect or whether the transitional provisions contained in Section 75 are adequate to take charge of this situation until such time as Parliament decides to lay down afresh the necessary criteria." Mr. Choksy submitted that Article 91 (1 )(e) of the 1978 Constitution covers both points of time namely the time of election and sitting and voting. However he contended that this Article does not incorporate or keep alive the provisions of the Ceylon (Parliamentary Elections) Order in Council, 1946, or Section 13(3) (c) of the Soulbury Constitution until such time Parliament passed the necessary law. Learned Counsel also submitted that Ceylon (Parliamentary Elections) order in Council, 1946, is retained only in Article 101 which deals with the point of time of an election and therefore there is no statutory provision keeping alive the Ceylon (Parliamentary Elections) Order in Council, 1946, after the point of time of the election and making it applicable to the subsequent period of sitting and voting in Parliament. Mr. Choksy further submitted that if the framers of the Constitution intended or desired they could have incorporated in Article 91 (1 )(e) itself the Ceylon (Parliamentary Elections) Order in Council, 1946, as temporary measure until Parliament passed the necessary law, which they have failed to do. The only provision of the 1978 Constitution which keeps alive the Ceylon (Parliamentary Elections) Order in Council, 1946, is Article 101 and the said Article deals with two specific matters namely Registration of electors and Election o f Members of Parliament. As referred to in sub Article (a) to (d) of Article 101 (1), it deals with the preparation of the Registers of Electors and sub Article (e) to (i) of the said Article deals with the conduct of elections, election petitions and such other matters as are necessary or incidental to the election of Members of Parliament. Therefore learned Counsel submitted that Article 101 in no way applies to the post election period of sitting and

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