Goonetileke V. Government Agent

1946 Present : Keuneman S.P.J.

GOONETILEKE, Petitioner, and GOVERNMENT AGENT, GALLE,
 Respondent.

Application for a writ of certiorari or mandamus on the Government
Agent, Galle.

Writ of Certiorari or Mandamus- Village Committee election-Application for fresh election- Successful party should be made party respondent.

In an application for a writ of certiorari or mandamus to set aside an election in connection with a village committee and for the holding of a fresh election in respect of the ward, the successful party should be made a party.

APPLICATION for a writ of certiorari or mandamus.

              C.V. Ranawake (with him Dodwell Gunawardene), for the petitioner.

            Douglas Jansze. C. C., for the respondent.

September 27, 1946. KEUNEMAN S.P.J.-
   
The petitioner applies for a writ of certiorari of mandamus and prays in his petition that the Court may be pleased to declare the election in  connection with the Village Committee void and direct the Government Agent to hold a fresh election in respect of the ward. The objection has  been taken in the first instance that no order such as is claimed by the  petitioner can be made when the successful candidate had not been made a party. This was held in the case of Carron v. government Agent, W. P. [1( 1945) 46 N.L.R. 273.]. I think the objection on the part of the Government Agent is a good one.

An application is now made to add the successful candidate as a party to the case. I think the application comes at too late a stage of these proceedings and that I should not allow an application now.

The application of the petitioner is refused with costs.

Application refused.

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