In The Matter Of Application For A Writ Of Quo Warranto Against Chairman

Present: Lyall Grant J. 1980.

In the Matter of an Application for a Writ of quo warranto
against Chairman, Village Committee of Tellippalai.

Village communities-Election of committee members-Basis of caste- Irregularity-Ordinance No. 9 of 1924, s. 18.

Where, in proceedings tinder the Village Communities Ordinance for the election of a village committee, the inhabitants of a sub-division resolved to allot members on a basis of caste,-

Held, that the proceedings were irregular and the election of members void.

THIS was an application for a writ of quo warranto against the chairman and nine members of the village committee of Tellippalai subdivision. The petitioner, who was a resident of the

subdivision, objected to the election of the respondents as members In the Matter of the village committee on the ground that the nine seats of set apart for the subdivision were allotted according to caste. It was alleged that such a basis of division was unconstitutional,

Gnanaprakasam (with Tiyagaraja), in support.

H. V. Perera (with Subramaniam), contra.

February 3, 1930. LYALL GRANT J.-

This is an application for a writ of quo warranto against the chairman and nine members of the village committee of Tellippalai subdivision.

The petitioner is a resident of Tellippalai East and qualified to vote for the election of a village committee as well as to be elected one of the members. The petitioner takes objection to the regularity of the election of the second to tenth respondents, and be also takes objection to the election of the first respondent as chairman.

His first objection to the regularity of the village committee members' election is that the nine seats were allotted to four particular castes, and that only persons belonging to these castes were allowed to be elected. It is alleged that this is unconstitutional.

His second objection is that the resolution in regard to castes and the subsequent proceedings were illegal and contrary to the preliminary resolutions which were passed in accordance with the Village Communities Ordinance.

It was pointed out that Tellippalai East ward included among its inhabitants peoples of several castes, and that by the method of the election adopted a number of these castes were debarred an opportunity of naming a candidate from among their own members.

In regard to the chairman it was pointed out inter alia that the committee having been improperly appointed and the chairman elected by only thirteen members of the committee, his election cannot be said to be regular, as he may _have been elected by persons who had no right to vote. The petitioner also prays that this Court should exercise its powers for issuing a writ of quo warranto on the village committee, that their election be declared null and void, and that they may be ordered to vacate their respective offices. Thirdly, that a fresh election of 9 members for the electoral area of the Tellippalai East ward be ordered to be held in conformity to the provisions of the Village Communities Ordinance, No. 9 of 1929, and in terms of the preliminary resolution passed at the meeting of the inhabitants of the Tellippalai subdivision, throwing open all the nine seats to all qualified residents of the electoral area, irrespective of caste or creed, and on a competitive

basis and a fresh election of the chairman be ordered, and the Government Agent be ordered to preside at the meeting of such election.

In order that the position may be understood it is necessary to state in some detail the proceedings which took place in connection with the election of the village committee. The proceedings commenced by a notice dated March 19, 1929, signed by the Government Agent, of a meeting of the male inhabitants of the subdivision of Tellippalai to be held at the American Mission compound at Tellippalai on April 30, 1929, and t

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