Simon Singho V. The Government Agent

1946 Present: Dias J.

SIMON SINGHO, Petitioner, and THE GOVERNMENT
AGENT, W. P., et al., Respondents.

APPLICATION FOR A WRIT OF Certiorari or Quo Warranto on the
Government Agent, W. P.

Writ of mandamus-Petitioner should have personal interest in making application- Affidavit-Declarant unable to understand English- Jurat is essential-Civil procedure Code, s. 439.

It is essential in an application for a writ in the nature of mandamus that the petitioner should have some personal interest in making it.

The absence of the jurat in an affidavit where the declarant is unable to understand writing in the English language makes the affidavit  valueless and inadmissible.

APPLICATION for a writ of mandamus in respect of the election of a village Committee member.

                E. W. Perera (with him Dodwell Goonewardene), for the petitioner.

              C. R. Gooneratne, for party noticed 2nd respondent.

            D. Jansze, C. C., for the first respondent (Government Agent).

Cur. adv. vult.

November 4, DIAS J.-

This matter commenced as an application for a writ of certiorari, mandamus, or quo warranto. When the enquiry began, the petitioner confined his case to an application for a mandamus.

If the facts of the case are as opened to me at the commencement of the enquiry, the proceedings which took place on May 29, 1946, at the Nittambuwa Mixed School for the election of a Village Committee member for Ward No. 8 of the Egodapotha Peruwa cannot stand. The evidence called on behalf of the petitioner, however, falls far short of what was attempted to be proved, and the application for the writ cannot succeed.

On March 30, 1946, the first respondent, the Government Agent of the Western Province, acting under section 14 (1) of the Village Communities Ordinance (Chapter 198) published the printed notices P1 and 1D1 announcing that the general election for this Village Committee would take place on May 29, 1946.

Nomination day was fixed for April 24. On nomination day, there being only one candidate for Ward No. 9, he was duly declared to be elected for that ward. Two nomination papers-one from a person named Henson and another from the second respondent (the successful candidate)-were tendered for Ward No. 8. Petitioner makes no complaint as to anything done on nomination day. In accordance with the notification given in the notices p1 and 1D1, the election for this ward was to take place at 2.30 P. M., on May 29, at the Nittambuwa Mixed School.

Ward No. 8 is thus described in the printed notice: -

?The northern portion of Nambadaluwa from the Colombo-Kandy P. W. D. road?

while Ward No. 9 is stated to be: -

?The southern portion of Nambadaluwa from the Colombo-Kandy P. W. D. road?

In other words, these two wards lie on opposite sides of the main Colombo Kandy road, Ward No. 8 to the north and Ward No. 9 to the south, between the Colombo-Kandy road which runs from west to east. Ward No. 8 is also called the ?Horagolla Side? of Nambadaluwa where the late Sir Solomon Dias Bandaranaike had his residence-a location which should be familiar to every villager of the place. It might not be clear  to a non-villager like Henson. The map 1R2 which was produced during the enquiry makes the position clear.

The petitioner?s case is nothing less than a charge that the presiding officer, Mr. Mahatantilla, said to be a ?young and inexperienced person?, was imposed upon by the Vidane Arachchi and one Weerasinghe, both of whom are kinsmen of the second respondent, with the object of eliminating Henson the rival candidate, so that the second respondent could secure an easy at the election.

It is alleged that the Vidane Arachchie and Weerasinghe with that object succeeded in persuading Mr. Mahatantilla on election day that the two wards No. 8 and 9 had become ?mixed? and that Ward No. 9 was really Ward No. 8, and that Ward No. 9 was Ward No. 8.

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