அரச தொழிலில் இருந்து விலகாமல் பாராளுமன்ற தேர்தலில் போட்டியிட்டு வெற்றி பெற்றவரை எவ்வாறு கேள்விக்குட்படுத்தலாம் ?

தகமையீனம்

Sri Lanka Constitution Article 91(1)(d)(viii) பதவி நிலை அல்லது அதற்கு மேற்பட்ட தரத்திலுள்ள உத்தியோகத்தர்கள் பாராளுமன்ற தேர்தலில் போட்டியிட முடியாது. (Circular related the staff grade: Download Here)

91. (1) No person shall be qualified to be elected as a
    Member of Parliament or to sit and vote in Parliament –

(d) if he is – a public officer or a member of the Sri Lanka State Audit Service holding
any office] created after November 18, 1970, the initial of the salary scale of which is, on the date of the creation of that office, not less than the initial of the salary scale applicable, on that
date, to an office referred to in item (vii) or such other amount per annum as would, under any subsequent revision of salary scales, correspond to the first-mentioned initial

(vii – a public officer or a member of the Sri Lanka State Audit Service holding
any office] created prior to November 18, 1970, the initial of the salary scale
of which was, on November 18, 1970, not less than Rs. 6,720 per annum, or
such other amount per annum as would, under any subsequent revision of salary
scales, correspond to such initial)

E Code- Chapter XXXII Section 1.3 படி அவ்வாறான உத்தியோகத்தர்கள் பதவியிலிருந்து விலகியே போட்டியிடமுடியும்

1:3 If an officer holding a post listed under Sub-section 1:1, who intends to
stand for election at a future date, desires to make any preparation furthering his
own candidature or for testing his chances at such a future election, he should first
resign from his post in the Public Service before he proceeds or get a third party to
act on his behalf on the above matter. But, such an officer who possesses ten (10)
years or more of pensionable service may retire from his post before seven (07) days
having given notice to his appointing authority before ten (10) days from the date
of submitting nominations, if he intends to contest a Presidential, Parliamentary,
Provincial Council or Local Government Election. Before such retirement, he should
settle all his dues to the Government and if there is a bonded period of obligatory
service, he should get clearance by paying back the bonded monetary value. An
officer who retires from his post in terms of this provision is entitled to the pension
and the gratuity from the date he completes his age of fifty-five (55) years.

(1:1 The following are not entitled to the exercise of Political Rights:-
a member of the Judiciary;
a member of the Armed Services;
a member of the Police Force and other Peace Officer exercising Police functions
under the Criminal Procedure Code (e.g., Grama Seva Niladharies)
a Prisons Officer as defined in Section 20 of the Trade Unions Act (C. 138) ;
a Staff Officer or Supervisory Officer in the Public Service;
an Officer serving in the Department of Elections (Parliamentary, Local
Government, etc.) as long as he continues to serve in it.)

எங்கே வழக்கிடலாம் ?

Parliamentary Election Act S. 92(2)(d) படி வழக்கிடலாம்

92. Avoidance of election on election petition.
    (1) The election in respect of any electoral district shall be declared to be void on an election
    petition on any of the following grounds which may be proved to the satisfaction of the Election
    Judge, namely—
    (a) that by reason of general bribery, general treating or general intimidation or other misconduct or
    other circumstances whether similar to those enumerated before or not a section of electors was
    prevented for the recognised political party or group which it preferred and there the result of the
    election;
    (b) non-compliance with the provisions of this Act relating to elections, if it appears that the election
    was not conducted in accordance with the principles laid down in such provisions and that such
    non-compliance materially affected the result of the election.
    (2) The election of a candidate as a Member shall be declared to be void on an election petition on
    any of the following grounds which may be proved to the satisfaction of the Election Judge,
    namely—
    (a) that a corrupt or illegal practice was committed in connection with the election by the candidate or
    with his knowledge or consent or by any agent of the candidate;
    (b) that the candidate personally engaged a person as a canvasser or agent or to speak on his
    behalf knowing that such person had within seven years previous to such engagement been
    found guilty of a corrupt practice under the law relating to the election of the President or the law
    relating to Referenda or under the Ceylon (Parliamentary Elections) Order in Council, 1946, or
    under this Act, by a court of competent jurisdiction or by the report of an Election Judge;
    (c) that the candidate personally engaged a person as a canvasser or agent or to speak on his
    behalf knowing that such person had been a person on whom civic disability had been imposed
    by a resolution passed by Parliament in terms of Article 81 of the Constitution, and the period of
    such civic disability specified in such resolution had not expired;
    (d) that the candidate was at the time of his election a person disqualified for election as a Member.

மேன்முறையீட்டு நீதி மன்றில் தேர்தல் முடிவுகள் அறிவிக்கப்பட்டு 21 நாட்களுக்கு மனு தாக்கல் செய்ய வேண்டும் (Parliamentary Election Act S. 108(1)

108. Time for presentation.
     (1) Every election petition shall be presented within twenty-one days of the date of publication of
     the result of the election in the Gazette

யார் வழக்கிடலாம் ?

குறித்த வேட்பாளரின் கட்சியில் போட்டியிட்டவர் அல்லது குறித்த தேர்தலில் போட்டியிட்ட ஏதேனும் ஒரு வேட்பாளர்

97. Parties to a petition.
    (1) A petitioner shall join as respondents to his election petition—
    (a) where the petition, in addition to claiming that the election of all or any of the returned candidates
    is void or was undue, claims a further declaration that he himself or any other candidate has been
    duly elected, all the contesting candidates, other than the petitioner, and where no such
    declaration is claimed, all the returned candidates; and
    (b) any other candidate or person against whom allegations of any corrupt or illegal practice are
    made in the petition.
    (2) Any candidate not already a respondent to an election petition shall, upon application in that
    behalf made by him to the Election Judge, be entitled to be joined as a respondent to such petition:
    Provided that no candidate shall be entitled to be joined of his own motion as a respondent to such
    petition under the preceding provisions of this section unless he has given such security for costs as
    the Election Judge may determine.

வழக்கு தாக்கல் செய்யவேண்டிய மேலதிக விபரங்கள் Parliamentary Election Act S. 91 தொடக்கம் 108 வரையான பிரிவுகளில் கூறப்பட்டுள்ளது