Ratwatte V. Nugawela Et Al.,

Mar.15,1911   Present: Lascelles A.C.J. and Van Langenberg A.J.

RATWATTE v. NUGAWELA et al.

16- D. C. Kandy, 20,598.

Buddhist Temporalities Ordinance, us. 9 and 11-Certificate of appointment of committee members-Is certificate conclusive of the validity of election ?

The certificate of appointment of the committee members given by the President under section 9 of the Buddhist Temporalities Ordinance of 1905 is not conclusive of the validity of their election.

LASCELLES A.C.J.-I cannot construe the words of section 9 as meaning anything more than that the President's declaration as evidenced by his certificate is prima facie evidence that the person has been elected in due course. There is nothing in the words themselves or in the context from which any intention on the part of the Legislature can be implied that the validity of the election cannot be questioned in any way which the law allows.

THE facts are set out in the judgment of the Chief Justice.

H. A. Jayewardene (with him J. W. de Silva), for the appellant.

Bawa, A. S.-G. (with him H. J. C. Pereira), for the respondents.

Cur. adv. vult.

March 15, 1911. Lascelles A.C.J.-

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