Dharmaratne V. Commissioner Of Elections

1950 Present: Swan J.

DHARMARATNE, Petitioner, and COMMISSIONER OF ELECTIONS

et al., Respondents

S. C. 305-Application for a Writ of Mandamus on the Commissioner

of Elections (Local Bodies)

Mandamus-Quo warranto-Election of village committee member-Disqualification- Proper remedy-Necessary parties-Local Authorities Elections Ordinance, No. 53 of 1946, ss. 27 (5), 28, 33.

The fact of the disqualification of a village committee member to hold office may be urged in an application for a writ of quo warranto although it was not urged before the Government Agent at the time of nomination.

Where a person has been irregularly elected as a member of a local body but has not yet assumed office the proper remedy to have his election set aside is by way of mandamus and not quo warranto.

In an application for a prerogative writ to have an election held under the Local Authorities Elections Ordinance set aside, both the successful candidate and the returning officer under whose responsibility the election was held should be made parties respondent.

THIS was an application for a writ of mandamus on the Commissioner of Electio

Click Here to Read the rest of this document