96 Sri Lanka Law Reports 1200012 Sri LR. provision. Therefore ordinary legislation such as the Act, No. 44 of 1980 and Act, No. 1 of 1981 cannot repeal the Ceylon (Parliamentaiy Elections) Order in Council, 1946, wholesale, if there are such other matters like what is required to be done to comply with Article 91 (1) (e) has not been done by Parliament acting in terms of Article 101 (1)(i). In these circumstances Ceylon (Parliamentary Elections) Order in Council, 1946, shall continue to operate in respect of such matters not provided for by Parliament, and only when all such matters have been provided for by Parliament that the operation of the Ceylon (Parliamentary Elections) Order in Council, 1946, will cease to operate. Mr. Choksy sought to argue that the framers of the 1978 Constitution should have retained Ceylon (Parliamentary Elections) Order in Council, 1946, under Article 91(1)(e) to avoid any problem arising in respect of the law applicable to the Members of Parliament at the time of election or sitting and voting in Parliament. But as referred to above what the framers of the 1978 Constitution have endeavoured, is to make Article 101 (1) the empowering provision for the Parliam en t to pass the necessary laws and retained the Ceylon (Parliamentary Elections) Order in Council, 1946, under that Article (101 (2)| until such time as the Parliament make provision for “such matters”. The term “such matters” in Article 101(2) is wide enough to cover the law necessary to decide the question of the qualification of a person to be elected as a Member of Parliament or to sit and vote in Parliament. The restriction that Mr. Choksy sought to place on the term “such matters" in Article 101(2) to mean in respect of elections cannot be accepted in view of the reasoning in the decision of Samarakoon C.J. in Dahanayake vs. De Silva(supra). It is now clear that the Parliament has not prescribed the law necessary under Article 91(1)(e) that will provide for the disqualification of a person to be elected as a Member of Parliament or to sit and vote in Parliament. Therefore Ceylon (Parliamentary Elections) Order in Council, 1946, will

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