1928
.

Where, at a public auction, at which an Urban District Council put up for competition the lease of certain blocks of land, a member of the Council, with the permission of the Chairman, bid for and obtained a lease on behalf of another person, whose name was given as that of the purchaser,-

, that under the circumstance!! the member was not " concerned in a contract with the Council " within the meaning of section 237 (1) of the Local Government Ordinance.

appellant, a member of the Urban District Council of Matara, was convicted of an offence under section 237 of the Local Government Ordinance, No. 11 of 1920, and sentenced to pay a fine of Rs. 20. The section penalizes any member, officer, or servant of the Council " who shall be either directly or indirectly concerned in any contract or work made with or executed for the Council." It appears that the Urban District Council, having resolved to lease certain blocks of land which it owned, put them up for public auction. The sale was carried out by a Sub-Committee consisting of the Chairman, the Vice-Chairman, Mr. W. Gooneratne, and the appellant. For a certain lo