CA Dilan Perera u. Rajitha Senaratne (Yapa,.J.) 97 continue to operate subject to the provisions of Act, No. 44 of 1980 and Act, No. 1 of 1981. Once the Ceylon (Parliamentaiy Elections) Order in Council, 1946, continue to operate, then, one has to apply Section 13(3)(c) of the Ceylon (Constitution) Order in Council, 1946, (hereinafter referred to as the Soulbury Constitution) for the purpose of considering any disqualification by reason of contract. The reason being that Section 77 of the Ceylon (Parliamentary Elections) Order in Council, 1946, refers to the grounds for the avoidance of Elections and more specifically Section 77(e) gives the disqualification for election as one of the grounds. In these circumstances Section 13(3) (c) of the Soulbury Constitution should be considered for any disqualification by reason of any contract. This was the view taken by the Supreme Court in the case of DahanayaJce vs. De Silvafsupra). In that case Samarakoon C.J. considered the scope of Sections 73, 75 and 12(1) of the 1972 Constitution and held that Section 75 kept alive the election laws that were in operation on 21st May 1972 and Section 13(3)(c) of the Soulbury Constitution was one such law. The analogous provisions to the said Sections of the 1972 Constitution are found in Article 101 (1) & (2) and Article 168(1) in the 1978 Constitution. Further the definition of “law" in Article 170 of the 1978 Constitution includes an Order in Council. In the instant case learned Additional Solicitor General Mr. Marsoof, sought to argue that Section 13(3)(c) of the Soulbuiy Constitution is also kept alive in terms of Article 168(1) of the 1978 Constitution. Mr. Choksy countered this argument on the basis that the reasoning of learned Additional Solicitor General was wrong because Section 13(3)(c) of the Soulbury Constitution was not in force immediately before the commencement of the 1978 Constitution, since Soulbury Constitution had been repealed by the 1972 Constitution. However, the application of Section 13(3)(c) to the present situation as the law applicable should be considered for the following reason. At the hearing of this application a