CA
Dilan Perera v. Rajitha Senaratne (Yapa; J.)
95
In view of the above reasoning it follows that the Ceylon
(Parliamentary Elections) Order in Council, 1946, would apply
not only to the point of time of an election but to the
subsequent period of sitting and voting in Parliament. This is
because the Parliament is empowered to prescribe by law
“such interest” in any “such contract” for the purpose of the
disqualification contemplated by Article 91(1) (e), in terms of
Article 101 (1) (i). Even though the Parliament has passed the
necessary laws in respect of some of the matters required
under Article 101(1), such as 101(1) sub Article (a) to (h).
Parliament has not provided for some of the matters as
required by Article 101 (1)(i), more specifically such other
matters as are necessary or incidental to the election of
Members of Parliament, which would cover the point of time of
an election or sitting and voting in Parliament. Therefore when
Ceylon (Parliamentary Elections) Order in Council, 1946, was
repealed by Registration of Electors Act, No. 44 of 1980 and
Parliamentary Elections Act, No. 1 of 1981, it was repealed for
the limited purpose and to the extent of the operation of the
said two Acts (Act, No. 44 of 1980 and Act, No. 1 of 1981) and
no further. This is because the Parliament passed the said two
Acts providing for some of the matters required under Article
101(1) and therefore it became necessary to repeal, the Ceylon
(Parliamentary Elections) Order in Council, 1946, to avoid a
conflict with the said two Acts. However it must be borne in
mind that Ceylon (Parliamentary Elections) Order in Council,
1946, will continue to apply in respect of the matters not
provided for by Parliament, namely, the laws that are
necessary or incidental in order to provide for the matters
required under Article 101 (1 )(i) that would cover the point of
time of an election or sitting and voting in Parliament.
Therefore until the Parliament performs its obligation of
passing the other necessary laws in terms of Article 101 (1) (i)
to comply with the requirements of Article 91(1) (e), the Ceylon
(Parliamentary Elections) Order in Council, 1946, will
continue to operate. Further one should not forget the fact that
Article 101(2) keeping alive the Ceylon (Parliamentary
Elections) Order in Council, 1946, is a constitutional