R.A.Piyasena, V. A.J.M. De Silva, Et Al

1951 Present: Nagalingam S.P.J.

R. A. PIYASENA, Petitioner, and A. J. M. DE SILVA et al.,
Respondents

S. C. 97.-IN THE MATTER OF AN APPLICATION FOR A WRIT OF
Quo WARRANTO ON ANTHONY J. M. DE SILVA, MEMBER
FOR WARD NO. 2, HATTON-DICKOYA URBAN COUNCIL

Quo Warranto-Urban Council-Election to ward-" General personation "-Meaning of expression-Inspection of ballot papers-Power of Court to order it-Voter- " Error in description "-Local Authorities Elections Ordinance, ss. 53, 68.

Where, in an election to a ward of an Urban Council, the majority of the successful candidate was small, and the number of cases of personation was larger than the majority and consisted of votes in favour of the successful candidate-

Held, that the election was void on the ground of general personation.

Held, further, (i) that the Court has power to order an inspection of ballot papers not only during the six months mentioned in the proviso to Clause 4 of section 68 of the Local Authorities Elections Ordinance, but also at any time thereafter whenever it becomes necessary to do so in the interests of justice.

(ii) that the terms of section 53 of t

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