Presidential Elections (Amendment) Act, 1946
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Emergency provisions in relation to polling on islands. |
8.—(1) Where— | |
(a) a presidential election is adjourned, in pursuance of subsection (1) of section 12 of the Principal Act, for the purpose of taking a poll, and such adjournment has not been cancelled under subsection (4) of section 16 of the Principal Act, and | ||
(b) a polling station (in this subsection referred to as the appointed polling station) for a polling district in any constituency is situate on an island, | ||
the local returning officer for that constituency, if he is of opinion that, owing to stress of weather or transport difficulties, either— | ||
(i) it is probable that polling at the appointed polling station cannot be held on the appointed polling day, or | ||
(ii) it is probable that, if the poll were held on the appointed polling day, the ballot boxes used at the appointed polling station could not reach the appointed place for the opening of the ballot boxes used in that constituency at that presidential election at or before the hour of 9 o'clock a.m. on the day next after the appointed polling day, | ||
may give public notice in such polling district stating his said opinion and setting out the subsequent provisions of this subsection, and thereupon the following provisions shall, notwithstanding anything contained in the Principal Act, have effect— | ||
(A) the local returning officer may hold the poll at the appointed polling station on the first day, after the third day after the adjournment of the election, on which in his opinion transport between the island and the mainland is reasonably safe, | ||
(B) where owing to transport difficulties the poll at the appointed polling station cannot begin at the hour of 9 o'clock a.m. it shall begin as soon as possible after the said hour, | ||
(C) where, after the polling at such polling station has continued for not less than four hours, the presiding officer is of opinion that, if the poll were further continued, the ballot boxes could not be expected to reach the appointed place for the opening of the ballot boxes used in that constituency at that presidential election at or before the hour of 9 o”clock a.m. on the day next after the appointed polling day, he may then close the poll, | ||
(D) no alteration shall be made in the form or contents of the notice of the poll under Rule 3 of the First Schedule to the Principal Act by reason of the alteration under this subsection of the day and hours of poll in the appointed polling district. | ||
(2) In this section— | ||
the expression “the appointed polling day” means, in relation to a presidential election, the day appointed under subsection (1) of section 6 of the Principal Act, as the day on which the poll at that election shall be taken; | ||
references to the appointed place for the opening of the ballot boxes used in a particular constituency at a particular presidential election shall be construed as references to the place, appointed under Rule 22A of the First Schedule to the Principal Act, as the place at which the ballot boxes used in that constituency at that presidential election will be opened. |