Givendrasingha V. De Mel, R.F.S.

1948 Present : Basnayake J.
 
GIVENDRASINGHA, Petitioner, and R. F. S. DE MEL,
Respondent.
 
In the Matter of an Application for a Writ of Quo WarRanto.

Writ of Quo Warranto-Municipal Council-Election of Mayor-Propose disqualified but Councilor de facto-Validity of election-No. objection taken- Acquiescence-Discretion of Court-Municipal Councils Ordinance, No. 29 of 1947-Section 14 (3).
 
The respondent was proposed for election as Mayor of Colombo by one G who at the time was disqualified from sitting or voting as a Councilor but did in fact sit and vote as such. On an application for a writ of Quo Warranto-
 
Held (i) that the provisions of section 14 (3) of the Municipal Councils Ordinance, No. 29 of 1947, were imperative and that the candidate had to be proposed and seconded ;
 
(ii) that the requirement is satisfied if the proposal is made by a Councilor de facto ;
 
(iii) that the writ being discretionary will not be granted where the petitioner had acquiesced in the election.

APPLICATION for a writ of quo warranto on the Mayor of the Colombo Municipal Council.
 
E. B. Wikramanayake, with M. A. M. Hussain, for the petit

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