Munasinghe, J.C.W. V. Corea, S.C.S.

1952 Present : Swan J.

J. C. W. MUNASINGHE, Petitioner, and S. C. S. COREA et al., Respondents

Election Petition No. 11 of 1952 (Chilaw)

Election Petition-Returning officer-Is he a necessary party ?-Inspection of documents-Secrecy of ballot-Ceylon (Parliamentary Elections) Order in Council, 1946, ss. 42 (2), 45, 47 (1), 48 (10), 49 (1).

The returning officer is not a necessary party to an election petition if the only complaint made against him in the petition is that many ballot papers delivered to the voters were not stamped or perforated with the official mark as required by section 42 (2) of the Parliamentary Elections Order in Council, 1946.

Application by motion was made by the petitioner in an election petition, prior to the date of its hearing, asking for inspection of the following documents :-

(i) the tendered votes lists made by the presiding officers,

(ii) the declarations made by the persons who voted on tendered ballot papers,

(iii) those rejected ballot papers which were not stamped or perforated with the official mark, and

(iv) the marked registers.

Held, that in the circumstances of the case inspectio

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