MURRAY COUTTS TROTTER, KT.
O. A. O. K. Latchmanan Chettiar – Appellant
Versus
The Commissioner, Corporation Of – Respondent
Murray Coutts Trotter, Kt., C.J.
1. This is an application for a writ of certiorari directed to the Commissioner of the Corporation of Madras and the Chief Judge of the Court of Small Causes to call up their orders passed in the matter of Rao Bahadur Latchmanan Chettiar declaring him to be disqualified as a candidate at the election about to be held to select a councillor for the 29th Division of this City. Our interference is invoked on the ground that both these officers acted without jurisdiction and that therefore their orders should be quashed. In such a matter we act not under statute but under the inherent powers which devolve upon us from the old Supreme Court of Madras. We therefore stand with regard to prerogative writs in the same position as the Court of Kings Bench in England and in our opinion we ought to follow the rules laid down by that Court in the decided English cases as to the scope and limitation of its jurisdiction. The facts were stated by us in our decision in C.R.P. No. 742 of 1926 and it is unnecessary to repeat them. The broad ground on which the jurisdiction of these officers is challenged is that whereas they were only empowered to inquire into
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