In The Matter Of An Application For A Writ Of Quo Warranto Deen V. Rajakulendram Et Al.,

1938 Present: Poyser S. P. J.

DEEN v. RAJAKULENDRAM et al.

IN THE MATTER OF AN APPLICATION FOR A WRIT OF QUO warranto.

Writ of quo warranto-Application in respect of appointment of Revenue and Works Inspector of Urban District Council-Office not of a public character-Local Government Ordinance, No. 11 of 1920, s. 47-Right of member to withdraw and refrain from voting.

An application for a writ of quo warranto will lie for usurpation of an office of a public nature and a substantive office and not merely the function or employment of a deputy or servant held at the will and pleasure of others. A writ will not lie in respect of an appointment of a Revenue and Works Inspector made by an Urban District Council under section 47 of the Local Government Ordinance.

A member present at a meeting of the Urban District Council during the discussion of a resolution may withdraw when the voting takes place.

The Court has a discretion to refuse to grant a writ where there is a remedy equally appropriate and effective.

THIS was an application for a writ of quo warranto to have a

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