1936     Present: Akbar J.

COORAY v. DE ZOYSA.

In re ELECTION FOR THE COLOMBO SOUTH ELECTORAL DISTRICT. 

Election petition-Disqualification of candidate-Visiting lecturer at University College-Contract or agreement with Principal for or on account of public service-Inclusion of name in panel of examiners-Claim to the seat by the petitioner-Knowledge of facts constituting disqualification on the part of voters-The Ceylon (State Council) Order in Council, 1931, Articles 9 (d) and 77 (d).

Where the respondent at the date of his election as a member of the State Council was bound by an agreement with the Principal of the University College to deliver a course of lectures at the College for which payment was made to him from Government funds, at the end of each month on the number of lectures delivered during that month,-

Held, that there was a contract or agreement or commission held or enjoyed by the respondent which had been made or entered into or accepted from the Principal, University College, for or on account of the public service within the meaning of section 9 (d) of the Ceylon (State Council) Order in Council, 1931.

A person whose name appears in a panel of examiners appointed for a term of years by the Education Department of Government is not a person holding a public office within the meaning of Article 9 (c) of the State Council Order in Council, 1931.

Where the petitioner claimed the seat under Article 77 (d) of the State Council Order in Council, 1931, the petitioner was bound to prove common knowledge on the part of the voters of the fact of the contract with Government on which ground alone the respondent was disqualified and not merely knowledge of the fact that the respondent was a lecturer at the University College.

THIS was an election petition in which the petitioner claimed in his petition under Article 77 (a) of the Ceylon (State Council Elections), Order in Council, 1931, for a declaration that the election of the respondent was void on the ground that the respondent was at the time of his election a lecturer at the Ceylon University College under a contract with the Principal of the College and as such was incapable of being elected or of sitting or voting as a member of the State Council.

Another ground of disqualification put forward was that at the time of his election the respondent was an Examiner appointed by the Education Department of Ceylon for a term of years and that he was either holding a public office within the meaning of Article 9 (c) of the State Council (Order in Council) or that he was holding a contract within the meaning of Article 9 (d).

The petitioner also claimed the seat on the ground that he had a majority of lawful votes under Article 77 (d).

H. V. Perera (with him E. G. P. Jayatilleke, D. W. Fernando and J. L. M. Fernando, instructed by John Wilson), for petitioner.-The respondent directly held at the time in question a contract or agreement made and entered into with the Principal of University College for and on account of the public service. The contract was made with the Princi