1930 Present : Lyall Grant J.

APPUHAMY v. HAY.

247-M. C. Kandy, 2,786.

Municipal Councillor-Nominated member- Interest in contract-Municipal Councils Ordinance, No. 6 of 1910, s. 33.

Section 33 of the Municipal Councils Ordinance, which penalizes a Councillor who is concerned or interested in a contract made with the Council, applies to a nominated member.

APPEAL from an order of the Police Magistrate of Kandy. A charge was laid before the Magistrate that the accused, being a member of the Municipal Council of Kandy, was concerned or interested, otherwise than as a shareholder in a joint stock company, in a contract made with the Municipal Council of Kandy and had thereby committed an offence punishable under section 33 of Ordinance No. 6 of 1910.

When the complainant asked for summons, accused was represented by counsel who took objection to the issue of summons on the ground that the section applied only to elected members. The Magistrate upheld the objection and refused process. The complainant appealed.

L. A. Rajapakse, for complainant, appellant.-Section 33 is a general section, and clearly applies to nominated as well as to elected