Application For The Mandamus On The Chairman Of The Municipal Council

Present  : Wood Renton A.C.J.   1913.

Application for a Mandamus on the Chairman of the
Municipal Council.

Nomination of candidates for election at councillors-Rejection of all but one nomination paper-One candidate declared duly elected-Application for a mandamus-Office full-Mandamus does not lie-Quo warranto.

On the day appointed for nomination of candidates for election as councillors three nomination papers were submitted to the Chairman of the Municipal Council of Colombo, nominating A, B, and C. The Chairman rejected A's nomination paper on the ground that it was not valid, as the seconder's name did not appear in the list of qualified voters for 1911, and as the lists for 1912 and 1918 were not properly certified. The Chairman also rejected B's nomination paper, as B's name did not appear in the list for 1911, and declared C duly elected. C acted as councillor since his election.

On application by the signatories of the rejected nomination papers for a mandamus on the Chairman to fix a place and date for election of a councillor,-

Held, (1) That the election of C was not merely " c

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