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NUGAWELA v. RATWATTE et al.


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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