1931  Present: Drieberg J.

IN THE MATTER OF THE UDUGAMA DIVISION ELECTORATE.

DIAS et al. v. AMARASURIYA.

Election petition-Claim for scrutiny-Personation-Application to inspect documents-Tendered. ballot papers-Ceylon (State Council Elections) Order-in-Council, Article 45 (10).

Where in an election petition, in which a scrutiny was claimed on the ground that an unsuccessful candidate had a majority of lawful votes, the petitioners limited their- application to votes obtained by personation and asked that these be struck off and that the tendered votes be added to the poll,-

Held, that the petitioners were entitled to have the votes declared void by reason of personation excluded, and the tendered rotes added, in cases where tendered votes have been submitted.

Held further, that the petitioners were entitled to inspect and have copies of the following documents:-(1) tendered voters' list, (2) the marked register, (3) the declarations made by voters who were given tendered ballot papers; but not the tendered ballot papers nor the ballot papers or the counterfoils of the ballot papers, corresponding to the tendered ballot papers, before