1950 Present . Nagalingam J.

DON AMARASEKERA, Petitioner, and RASIAH, Respondent

S. C-96 Application for a Writ of Mandamus on E. Rasiah

Local Option Rules-Rule 21-Manner in which ballot paper should be marked- Construction of words " in the space provided ".

Where a poll is held for the closure of taverns, a cross made on the reverse side of the ballot paper and not on the face of it cannot be held to comply with Rule 21 of the Local Option Rules. A ballot paper marked in this manner will therefore, be rejected, although in the ballot paper itself there is a direction to the voter to mark the cross " below ".

APPLICATION for a writ of mandamus in respect of a poll for the closure of a tavern

L. G. Weeramantry, for the petitioner.

Cur. adv. vult.

June 1, 1950. NAGALINGAM J.-

The question for determination in this case is whether the Presiding Officer was correct in rejecting certain ballot papers which were marked with a cross not on the face of the ballot paper but on its reverse. It has been contended that it is immaterial where the mark appears on the ballot paper so long as the intention of the voter can be gathered from the