1949 Present: Basnayake J.

SAMARAKOON, Petitioner and TIKIRI BANDA, Respondent

S. C. 421-In the Matter of an Application for a Writ of Quo Warranto against H. M. Tikiri Banda

Quo warranto-Election of Village Committee Chairman-Bribery and treating- Remedy provided by law-Act of electing Chairman-Official act- Public Bodies (Prevention of Corruption) Ordinance-No. 49 of 1943- Section 6-Local Authorities Elections Ordinance. No. 53 of 1946-Section 10.

The act of electing a Chairman of a Village Committee is an. official act within the meaning of section 6 of Ordinance No. 49 of 1943. Where, therefore, there are allegations of treating and bribery the proper remedy is under that section and a conviction will disqualify the person charged by virtue of section 10 of Ordinance No. 53 of 1946. A writ of quo warranto will not lie in such a case.

APPLICATION for a writ of quo warranto to have the respondent's election as Chairman of the Village Committee of Udagampaha declared void.

C. S. Barr Kumarakulasinghe, with A. I. Rajasingham and T. W. Rajaratnam, for the petitioner.

G. E. Chitty, with N. Nadarasa, for the respondent.

June 7, 194