Weerasekere Mudiyanselagey Kiri Banda,Et Al., V. Government Agent

1944 Present: de Kretser J.

WEERASEKERE MUDIYANSELAGEY KIRI BANDA, et al.
v.
GOVERNMENT AGENT, PROVINCE OF UVA.

IN THE MATTER OF APPLICATIONS FOR WRITS OF Certiorari AND Mandamus
IN REGARD TO VILLAGE COMMITTEE ELECTIONS FOR HOREGANA
WARD AND FOR HALDUMMULLA SANITARY BOARD.

Writ of mandamus or certiorari-Election for Village Committee-Presiding officer arriving late for meeting-Election held on same day with consent of voters and candidates-Result of election unaffected by irregularity- Election upheld.

Where the presiding officer at an election to a Village Committee arrived at the meeting more than one hour after the time fixed and where with the consent of all the voters present and the candidates the meeting was adjourned and the election duly held on the same day.

Held, the Supreme Court would not exercise its discretion to set aside the election on the ground of an irregularity which could not have affected the result of the election.

Ranasinghe v. Government Agent, Sabaragamuwa1, followed. A writ of certiorari would the only against a person performing a judicial duty.

THIS was an app

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