Simeon Fernando V. Goonesekera

1946  Present : Dias J.

SIMEON FERNANDO, Petitioner and GOONESEKERA, Respondent.

APPLICATION FOR WRIT OF  Quo Warranto AGAINST G. D. G.
GOONESEKERA

Village Committee election-Disqualification of a member elected-No objection raised on date of nomination-Right of such member to vote in election of Chairman-Affidavit-Declarant must testify to facts known by him- Civil procedure Code., s. 181-Village Communities Ordinance (Cap. 198). ss. 13, 15.

A person who is disqualified to be elected as a member of a Village Committee but who has been elected without any protest as to his  qualification is entitled, unless his election is set aside by subsequent application to the supreme Court, to vote at all the deliberations of the committee including that held for the purpose of electing the Chairman.

An affidavit regarding his belief may be admitted provided reasonable grounds for such belief be set forth in the affidavit.

APPLICATION for a writ of quo warranto to have the election of the  Village Committee of Kanuwana declared null and void on the ground that he failed to obtain the majority of the votes of the members legally entitled

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