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