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IN THE MATTER OF A MANDAMUS ON THE CHAIRMAN OF THE MUNICIPAL COUNCIL GALLE


In the matter of a Mandamus on the CHAIRMAN OF THE MUNICIPAL COUNCIL, GALLE.

Present : Mr. Justice Wendt.

In the matter of a Mandamus on the CHAIRMAN OF THE
MUNICIPAL COUNCIL, GALLE.

Municipal election-Mandamus-Refusal to accept nomination of a duly qualified candidate-Conclusive nature of certified list-Default in payment of taxes-Disqualification.--Municipal Councils' Ordinance (No. 1 of 1887), ss. 9 (e), 13-19, 22, 40-43, 128, 145, and 146.

Held, by WENDT, J.-

(1) That if the officer presiding at an election refuses to accept the nomination of a duly qualified candidate, so that the voters present are precluded from recording their votes in his favour, the election of any other candidate is necessarily void.

(2) That section 48 of Ordinance No. 7 of 1887, which enacts that " the new list so prepared as aforesaid, subject to such insertions and erasures as shall have beer ordered and made therein as aforesaid, shall be certified under the hand of the chairman during the last week of October following, and when so certified shall be final and conclusive evidence of the qualification of the persons named therein to be elected or to vote respectively. And su



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