108
The Constitution of the Democratic Socialist Republic of Sri Lanka
(b) Decisions of the Commission shall be by a
majority of the members present and voting at the meeting
at which the decision is taken, and in the event of an
equality of votes, the Chairman or the member presiding
at the meeting shall have a casting vote.
(3) The Commission shall have power to act
notwithstanding any vacancy in the membership of the
Commission, and no act or proceeding or decision of the
Commission shall be invalid or be deemed to be invalid
by reason only of such vacancy or any defect in the
appointment of a member.
Finality of
decisions
and immunity
from suit
104A. Subject to the jurisdiction conferred on the
Supreme Court under paragraph (1) of Article 126, Article
104H and Article 130 and on the Court of Appeal by
Article 144 and the jurisdiction conferred on any court by
any law to hear and determine election petitions or
Referendum petitions (a)
no court shall have the power or
jurisdiction to entertain or hear or decide
or call in question on any ground and in
any manner whatsoever, any decision,
direction or act of the Commission, made
or done or purported to have been made
or done under the Constitution or under
any law relating to the holding of an
election or the conduct of a Referendum
as the case may be, which decisions,
directions or acts shall be final and
conclusive; and
(b)
no suit or prosecution or other proceeding
shall lie against any member or officer of
the Commission for any act or thing
which in good faith is done or purported
to be done by him in the performance of
his duties or the discharge of his functions
under the Constitution or under any law
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