Present

Where a nominated member of an Urban District Council as the paid manager of a firm, which tendered into a contract with the council and took no part in negotiating the contract,-

Held, that the member cannot be said to be concerned or interested in the contract within the meaning of section 237 of the Local Government Ordinance.

from an acquittal by the Police Magistrate of Hatton.

C. V. Ranawake (with him Kariapper), for appellant.

H. V. Perera (with him D. W. Fernando), for respondent.

January 29, 1934. POYSER J.-

The respondent, a nominated member of the Hatton-Dikoya Urban District Council, was charged under section 237 of the Local Government Ordinance, No. 11 of 1920, with being concerned or interested in certain contracts with the said Council, and was acquitted.

The complainant, having obtained the necessary sanction under section 336 of the Criminal Procedure Code, appeals against this acquittal.

The accused is the son-in-law of one Jainul Abdeen, the owner of a business known as K. Jainul Abdeen Saibo and Company. He is the manager of this business an