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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