36 The Constitution of the Democratic Socialist Republic of Sri Lanka (d) The Supreme Court shall, after due inquiry at which the President shall have the right to appear and to be heard, in person or by an Attorney-at-Law, make a report of its determination to Parliament together with the reasons therefor. (e) Where the Supreme Court reports to Parliament that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, as the case may be, Parliament may by a resolution passed by not less than two-thirds of the whole number of Members (including those not present) voting in its favour remove the President from office. Determination by the Supreme Court that the President was not duly elected or the election of the President was void 39. (1) Where the Supreme Court in the exercise of its jurisdiction under Article 130 determines – (a) that the election of the President was void and does not determine that any other person was duly elected, then, a poll for the election of the President shall be taken not later than three months from the date of the determination; or (b) that any other person was duly elected as President, then, such other person shall assume the office of President within one month of the date of the determination. For the purposes of Article 38(1)(d), the date of commencement of the term of office of the new President shall be the date of his election or the date of the determination, as the case may be. (2) Upon the Supreme Court making any such determination as is referred to in paragraph (1) of this Article, the person who was exercising, performing and