Inasitamby V. Government Agent

1932 Present  : Jayewardene A.J.

INASITAMBY v. GOVERNMENT AGENT, NORTHERN
PROVINCE.

IN THE MATTER OF AN APPLICATION FOR A WRIT OF Mandamus.

Mandamus-Election to Village Committee-Method of voting-Candidate acquiescing in method of election-Discretion of Court-Consequences of issue of writ.

A candidate at an election to a Village Committee who has acquiesced in the method of voting adopted at the meeting is estopped from applying for a writ of mandamus on the ground that the procedure was irregular.

Where a candidate is proposed for election it is not necessary to record the number of votes cast against him.

A Court before issuing a writ of mandamus, is entitled to take into consideration the consequences which the issue of the writ will entail.

APPLICATION for a writ of mandamus on the Government Agent of Northern Province.

H. V. Perera (with him S. Alles), for petitioner.-This is an application based on section 12 (2) of the Village Communities Ordinance, No. 9 of 1924. The question of the election of members to a Village Committee is a question or resolution under this section and therefore has to be determined by a major

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