1953 Present : Pulle J.

A. G. PERERA, Petitioner, and C. AMERASINGHE, Respondent

S. C. 125-Application for a Writ of Quo Warranto on the Member for
Ward No. 6, Urban Council, Kolonnawa

Local Authorities Elections Ordinance, No. 53 of 1946-Section 10 (1) (d)-" Holder of a public office under the Crown "-Indigenous Medicine Ordinance, No. 17 of 1941, as amended by Ordinance No. 27 of 1945 and Act No. 49 of 1949,
ss. 2, 6(1).

The respondent was an ayurvedic physician who was appointed by the Board of Indigenous Medicine as a visiting specialist in boils and carbuncles for a certain period in an honorary capacity. No salary was attached to the office, but a monthly travelling allowance not exceeding Rs. 150 was paid depending on the number of visits. The respondent was, according to the letter of appointment, " expected " to visit the hospital of Indigenous Medicine three times a week and to deliver a course of lectures to the students on these visits.

Held, that the respondent was not a holder of a public office under the Crown in Ceylon within the meaning of section 10 (1) (d) of the Local Authorities Elections Ordinance. He was,