MUDANAYAKE ET AL v. SIVAGNANASUNDERAM
1951 Present: Jayetileke
C.J., Pulle J. and Swan J.
MUDANAYAKE et al., Petitioners, and SIVAGNANASUNDERAM
et al., Respondents
S. C. 368 AND 369-APPLICATIONS FOB WRITS OF CERTIORARI UNDER
SECTION 42 OF THE COURTS ORDINANCE BY P. B. MUDANAYAKE,
ASSISTANT REGISTERING OFFICER, ELECTORAL DISTRICT NO. 84
(RUWANWELLA), AND BY V. L. WIRASINHA, COMMISSIONER OF PARLIA
MENTARY ELECTIONS, COLOMBO, ON (1) N. SIVAGNANASUNDERAM,
REVISING OFFICER FOR ELECTORAL DISTRICT NO. 84 (RUWANWELLA),
AND (2) G. S. N. KODAKAN PlLLAI
Ceylon (Parliamentary
Elections) Amendment Act, No. 48 of 1949, s. 3 (2) (a)-. Citizenship Act, No. 18
of 1948, ss. 2, 4 and 5-Discriminatory legislation- Meaning of-Ceylon
(Constitution and Independence) Orders in Council, 1946 and 1947, s.
29-Certiorari-Scope of writ-Admissibility of fresh evidence.
Section 3 (1) (a) of the Ceylon (Parliamentary Elections) Amendment Act, No. 48
of 1949, read with sections 4 and 5 of the Citizenship Act, No. 18 of 1948, is
not discriminatory legislation imposing a communal restriction on the Indian
community in Ceylon, and does not therefore offend against section 29 of the
Ceylon
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