1938 Present: Poyser S. P. J.

PELPOLA v. GOONESINGHE.

500-M. C. Colombo, No. 3.

Colombo Municipal Council ( Constitution ) Ordinance, No. 14 of 1938-Qualification of voter-Residence in ward-Interpretation Ordinance, s. 5 (3).

The appellant, a voter whose name was on the list of voters for the Colpetty Ward of the Colombo Municipality, was resident in that ward and later moved to a house in the Cinnamon Gardens Ward. Objection was taken to his name being on the list for the Colpetty Ward on the ground that he was not resident there. It was claimed on his behalf that in view of the amending Municipal Council (Constitution) Ordinance, No. 14 of 1938, he was entitled to have his name inserted in Colpetty Ward by virtue of his income qualification alone, apart from his residence.

Held, that a person claiming to be registered as a voter under section 14(2) of the Municipal Council (Constitution) Ordinance must be registered as a voter for the ward in which he resides (except the owners of qualifying property who are not resident within the Municipality).

The words ?action, proceeding, or thing pending? in section 5 (3) (c) of the Interpretation Ordinance must mean something in the nature of proceedings, which are of a judicial or quasi-judicial nature.

A notification by the Municipal Commissioner in terms of section 21 (1) (e) of the Municipal Council (Constitution) Ordinance intimating the commencement of the revision of the voters' list on a particular day is not an ?action, proceeding, or thing? within the meaning of section 5 (3) of the Interpretation Ordinance.

Held, further, the Supreme Court has power to order the transfer of a name from one list to another under section 25 of the Ordinance only where there is a claim for transfer.

THIS was an application by the respondent to expunge the appellant's name from the list of voters for the Colpetty Ward in the Colombo Municipality on the following grounds : (1) that he was not resident in the ward On May 1, 1938; (2) that he was not. the tenant of qualifying property situated within the ward.

The Municipal Magistrate on a reference by the Commissioner directed that the appellant's name be expunged from the list of voters for Colpetty Ward.

Hayley, K. C. (with him C. V. Ranawake, D. D. Athulathmudali, and V. F. Gooneratne), for appellant. - Change of residence from one ward to another does not disqualify a voter so long as his name appears in the list of voters-section 14 refers to a ?list? and not ?lists?, and therefore contemplates one list of all the voters.

The law applicable for the determination of the question is the law as amended by Ordinance No. 14 of 1938, which came into operation before the revision of voters' lists started on May 1, 1938. This is the date specially provided for in section 21 (1) (b).

The learned Magistrate was wrong in holding that the law which applied was the Ordinance as it stood before the amendment of 1938 inasmuch as there had been a notice intimating the commencement of the revision of voters' lists which notice was published before the amending Ordinance came into force.

The revision of voters' lists is not an ?action, proceeding, or thing? within the meaning of section 5 (3) of the Interpretation Ordinance. Counsel referred to Stroud and Hood-Barrs v. Cathcart 1.

If the law as amended applies then the appellant has the right to have his name on the list of voters by reason alone of the income qualification of Rs. 15 a month. See section 3 (1) (b) (3). The question of residence is immaterial.

In any event under section 25 of the Ordinance the Supreme Court can upon the ascertained facts direct the transfer of the appellant's name to the appropriate list.

H. V. Perera, K. C. (with him J. E. M. Obeyesekere and M. M. I. Kariapper), for respondent. - The amending Ordinance cannot apply as section 5 (3) of the Interpretation Ordinance suspe