The Constitution of the Democratic Socialist Republic of Sri Lanka
discharging the powers, duties and functions of the office
of President shall forthwith cease to exercise, perform and
discharge such powers, duties and functions. During the
period intervening between the date of such determination
and the assumption of office by the new President, the
Prime Minister shall act in the office of President and
shall appoint one of the other Ministers of the Cabinet to
act in the office of the Prime Minister:
Provided that if the office of Prime Minister be
then vacant or the Prime Minister is unable to act, the
Speaker shall act in the office of the President.
(3) For the purposes of Article 30(2) and
notwithstanding the provisions of Article 31(4), the term
of office of the new President shall be deemed to have
commenced on the date on which the term of office of
the person whose election was determined to have been
void or undue would, but for such determination, have
commenced.
(4) The exercise, performance and discharge by any
person of the powers, duties and functions of the office
of President shall not be invalid by reason only of the
fact that the Supreme Court subsequently determines that
the election of such person as President was void or
undue.
(5) The provisions of this Article shall apply
notwithstanding anything to the contrary in Article 40.
40. (1) (a) If the office of President shall become
vacant prior to the expiration of his term of office,
Parliament shall elect as President one of its Members
who is qualified to be elected to the office of President.
Any person so succeeding to the office of President shall
hold office only for the unexpired period of the term of
office of the President vacating office.
Vacation of
office by
President
and
election of
succeeding
President
37
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