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 I