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Dr. SRAVANAMUTTU R. v. JOESPH DE SILVA M.
NLR43V294
1941 Present: de
Kretser J.
Dr. R. SARAVANAMUTTU, Petitioner.
v.
M. JOSEPH DE SILVA, Respondent.
IN THE MATTER OF THE BY-ELECTION FOR THE COLOMBO
NORTH ELECTORATE.
Election Petition No.1 of 1941.
Election petition-Charge of
general intimidation-Judge not bound to scrutinize. whether it affected result
of election-Corrupt treating-Object of influencing the vote-Specific charges
in petition-Brief statement of facts-List of witnesses to be filed with notice
to other side-The Ceylon (State Council Elections) Orders in Council, 1931 and
1935, Articles 52, 53, and 74.
Where there has been general intimidation at an election, it is no part of the
duty of the Judge to enter into a scrutiny to see whether upon the evidence
without such intimidation the result would have been different.
Corrupt treating, in order to avoid an election, must be done with the object
and intention of influencing the vote.
Where specific charges are made, the petition should contain a brief statement
of facts, indicating the character of the offences charged against the
respondent.
The respondent should apply for particulars, if he desires any, at the
earliest moment. .
List of witnesses should be filed with notice to the opposite side within a
reasonable time and should sufficiently indicate who the witnesses are.
No further lists should be allowed, after the hearing begins, without an
express order of the Judge.
THIS
was an election petition to have the
election of the respondent, who was elected member of the State Council for
Colombo North, declared void on the following grounds:-
(a) treating within the meaning of Article 52 of the Ceylon (State Council
Elections) Order in Council.
(b) Undue influence within the meaning of Article 53.
(c) General intimidation and impersonation under Article 74.
J. E. M. Obeyesekere (with M. M. I. Kariapper and C. S. Barr
Kumarakulasinghe), for the petitioner.
U. A. Jayasundere (with him. V. F. Gunaratne, A. C. Alles, S. R. Wijayatilake.
A, C. Ameer, P. Malalgoda, and G. P. A. Silva), for the respondent
December 22, DE KRETSER .J
On April 26, 1941, the respondent was elected Member of the State Council for
Colombo North. This is a petition by the unsuccessful candidate-Dr.
Saravanamuttu Who alleges (a) Treating-within the meaning of Article 52 of the
Order in Council, (b) Undue influence within the meaning of article 53, and
(c) General intimation and Impersonation on a large scale under Article 74.
At the hearing six charges of
treating and twenty-one of undue influence were formulated, of which only
eight were seriously pressed. Most time and attention were devoted to the
general charge. Ninety-five witnesses were called on both sides. It is
unnecessary to deal with the evidence of each individually.
When the Colombo North seat fell vacant the respondent was chosen for want of
any other Labour candidate. He was chosen at a meeting of the Labour Party
held on March 2, 1941, when he took an "oath of allegiance" to the Party.
Since that date Mr. Goonesinha states that he strained every nerve and used
the full resources of the Labour Party on behalf of the respondent. Respondent
himself was incapacitated from taking any but a little part in the campaign
which followed. Rather pathetically he stated that greatness had been thrust
upon him. This may be true, but I doubt whether he quite understood what he
was saying when he accepted the suggestion. -At any rate the evidence is that
he sought office. It is quite clear that he was a mere pawn and that the real
person opposed to the petitioner was Mr. Goonesinha, the leader of the Labour
Union and its allied organizations.
The evidence shows that the petitioner's family has been long resident in the
electorate and commands considerable influence an
