Present: De Sampayo J.

PERERA v. RAJAPAKSE.

In the Matter of an Application for a Writ of quo warranto in
respect of the Office of Chairman of the Urban
District Council of Negombo.

Writ of quo warranto-Discretionary writ-Undue delay-Chairman presiding over election meeting-Motion lapsing fur want of a seconder.

The jurisdiction of the Supreme Court in respect of an application for a writ of quo warranto is entirely discretionary, and in exercising that discretion any circumstance of undue delay must be taken into consideration.

A person who presides at a meeting of an Urban District Council. summoned specially for the purpose of electing a Chairman of the Council, may himself be elected Chairman.

Semble, a motion which has been defeated or which has lapsed for want of a seconder cannot be renewed at the same meeting.

AN application for a mandate in the nature of quo warranto to test the legality of the proceedings of the Urban District Council of Negombo. held on January 6, 1925, at which the respondent, Mr. A. E. Rajapakse, was elected Chairman. The respondent was moved into the chair to preside at the meeting. Then a member, Mr.