Karunaratne Banda V. Aladin

1944 Present: Wijeyewardene J.

KARUNARATNE BANDA v. ALADIN.

IN THE MATTER OF AN APPLICATION FOR A WRIT OF quo warranto. No. 592.

Village Committee elections-Allotting of colours to candidates-Mistake or. the part of presiding officer-Confusion caused in the minds of voters-Alleged acquiescence on part of respondent-Election declared void.

At an election for a Village Committee, on nomination day, the petitioner was allotted green as the colour of his ballot box and the respondent was given bellow as his colour.

On election day the presiding officer, acting on official records, decided that yellow should be considered the colour given to the petitioner and green the colour allotted to the respondent.

Petitioner protested but did not withdraw from the election.

Held, that the change in the colors had misled a large number of voters and had prevented them from registering their votes and that the election should be declared void.

Held, further, that petitioner's conduct on election day did ,pot amount to acquiescence in the proceedings and that, even if there had been acquiescence on his part, the Court should not uphold the election.

THIS was an application for a writ of quo warranto.

H. Wanigatunge (with him Mahesa Ratnam), for the petitioner.

U. P. Weerasinghe, for the respondent.

June 26, 1944. WIJEYEWARDENE J.-

This is an application by the petitioner for a declaration that the election of the respondent as Member for Ward No. 2, Kudabage, Bambarakotuwa (East) in the Village Committee of Uda pattu in Navadum korale, Sabaragamuwa, is null and void.

The following facts are admitted:-On October 19, 1943, nomination papers were received by Mr. D. Wanasundera, Office Assistant to the

Government Agent, Ratnapura, for the election of a Village Committee Member for the Ward in question. Mr. Wanasundera recorded the names of the petitioner and the respondent as Candidate No. 2 and Candidate No. 1 nominated for election and directed a poll to be held. The polling took place at the Government School at Bambarakotuwa from 9 A.M. to 11 A.M. on November 16, 1943, the presiding officer being Mr. G. L. S. Illangakoon. There were two ballot boxes, one coloured green and the other yellow; and the presiding officer counted 210 and 147 ballot papers in the green and yellow boxes respectively. The respondent who was, thereupon, declared duly elected took his seat in the Village Committee and signed the Register of Members on December 7, 1943.

The dispute in this case arises as to the colour which was allotted to each of the candidates. I think it best to consider this question under two headings:-

(i) What were the colours which the petitioner and the respondent believed were allotted to them? (ii) What were the colours which were, in fact, allotted to the petitioner and the respondent by Mr. Wanasundera.

The petitioner says that he was allotted green and the respondent, yellow, on the nomination day. The respondent says, that he was allotted green and the petitioner, yellow.

Soon after the colours were allotted, the petitioner informed the village headman of Bambarakotuwa village that he was allotted green and the respondent, yellow. The petitioner got the handbill annexed to P 4 printed on November 12, 1943. and handbill P 1 printed about the same time and a few days before the election. In both these handbills the petitioner informed his supporters that his colour was green. He displayed green flags near his house and the lorry which was used to transport his voters carried a green flag when it went on its first trip on the election day to bring the voters of Balakotunne village; while the respondent displayed some yellow flags near his house and exhibited a board informing his supporters that his "colour was yellow. The petitioner met Mr. S. C. Faulkner, the Manager of Alupola Group, Ratnapura, and got his permission to drive a lorry along the

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