1914 Present: Lascelles C.J.

In the Matter of the Application of Charles Alexander Guneratne
of Matara for a Mandamus on the Hon. Mr. R. B. Hellings,
Chairman of the Local Board ox Health, and
Improvement, Matara.

Local Boards Ordinance, No. 13 of 1898-Government Agent deputing Assistant Government Agent to hold election - Objections to qualification of candidates over-ruled by Assistant Government Agent-Application to Government Agent as ex officio Chairman of the Local Board to declare election void-Mandamus.

Where a Government Agent deputed an Assistant Government Agent, in pursuance of section 5 of the Local Boards Ordinance, No. 13 of 1898, to hold an election, and where the Assistant Government Agent as Chairman of the election meeting over-ruled certain objections to the qualifications of one of the candidates, it is not open to the Government Agent to deal with the objections raised at the election meeting.

The word " chairman " in section 14 refers to the Chairman of the election meeting, and not to the Government Agent, who is ex officio Chairman of the Local Board.

THE Assistant Government Agent of Matara held a meeting for the election of unofficial members of the Local Board -Objection was taken to the nomination of Mr. Keuneman on the ground-

(1) That he was not an inhabitant of the town of Matara;

(2) That he was holding " an office of emolument under Government," as he was one of the Crown Proctors for Matara.

The Assistant Government Agent over-ruled the objection. The petitioner thereupon presented his objections to the election to the Government Agent of the Southern Province.

Mr. Hellings, Government Agent, after hearing counsel for the petitioner and the respondent, held that he was not the Chairman referred to in section 14 of Ordinance No. 13 of 1898, and therefore could not declare the election irregular. The petitioner applied for a mandamus on the Government Agent.

Elliott (with him Cooray and Canakeratne).-The resident Assist ant Government Agent at Matara can exercise only the powers conferred on the Government Agent whenever he is so directed. See section 5 (1). In this case the Assistant Government Agent's functions ceased when he declared the three members elected. He was authorized to hold an election; after the election he can do nothing.

Section 17 declares the Government Agent to be the ex officio Chairman. He is the Chairman referred to in section 14, and our application to the Government Agent is right. The Government Agent must obviously be the Chairman, because the Chairman in section 14 has power to call a meeting of electors. It is only the Government Agent who can call a meeting of electors. In this case the notice calling a meeting of electors is signed by the Government Agent. The Ordinance clearly contemplates a distinction between the Chairman of the Board and persons presiding at the different Boards. The Chairman cannot be the presiding officer; the Ordinance speaks of the presiding officer whenever it has occasion to do so, thereby clearly demonstrating that the Chairman may be somebody other than the presiding officer. See section 10, where in case of a tie the presiding officer can give his casting vote. The section speaks of the Chairman of the meeting, which obviously can refer to the presiding officer, while section 14 speaks of the Chairman. Moreover, this has been the construction placed by the Government Agents themselves. See the Chilaw Local Board case, where on a petition to the Government Agent of the North-Western Province he declared an election held by the officer at Chilaw void.

E. W. Jayewardene (with him E. T. de Silva), for an interested party (one of the other elected members).

January 20, 1914. Lascelles C.J.-

This is a petition for a mandamus to compel Mr. Hellings, the Government Agent of the Southern Province, to entertain and determine certain objections on the part of the petitioner to the qualificat