NUGAWELA v. RATWATTE et al.
1937 Present:
Maartensz J.
NUGAWELA v. RATWATTE et al.
In re APPLICATION FOR A WRIT OF Quo warranto
Buddhist
Temporalities-Election for the office of Diyawadana Nilame--Requirement to
summon a meeting within two months only directory- Extension of time not
irregular-Right of person summoned in several capacities to more than one vote-Atamasthana
Committee entitled to one vote-Jurisdiction of Court-Ordinance No. 19 of 1931,
ss. 7 (2), 9 (1), and 33.
The provision in section 7 (2) of the Buddhist Temporalities Ordinance that when
a vacancy occurs in the office of Diyawadana Nilame the Public Trustee shall
within two months of such occurrence summon a meeting to- fill the vacancy is
merely directory and a meeting held after such period is not invalid.
Where a person summoned to such a meeting is present in more than one capacity
he" is entitled to one vote only. The Atamasthana Committee which is the trustee
for the Atamasthana is entitled only to one vote for the purpose of the election
of a Diyawadana Nilame.
Semble.-The provisions of the Civil Procedure Code with regard to the
jurisdiction of the District Court are not appli
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