Fonseka, H.F.C. V. Sellathurai, S.

1951 Present : Nagalingam S.P.J.

H. F. C. FONSEKA, Petitioner, and S. SELLATHURAI, Respondent

S. C. 111-Application for a Writ of Quo Warranto on the Member
for Ward No. 7, Hatton-Dickoya Urban Council

Quo warranto-Public office-Appointment thereto-Should appointee communicate his acceptance ?-" Hold office "-Rent Restriction Act, No. 29 of 1948, s. 19 (6)-Local Authorities Elections Ordinance, No. 53 of 1946, s. 10 (1) (d).

Where the right of a member of an urban council to sit and vote at meetings of the council was challenged on the ground that at the date of his election he was a member of a Rent Control Board and, therefore, being a holder of a public office under the Crown within the meaning of section 10 (1) (d) of the Local Authorities Elections Ordinance, was disqualified from being elected-

Held, (i) that where a person receives an appointment to an office which he is willing to accept, it is not essential to the validity of it that the appointee. should communicate his acceptance to the appointing authority. If his assent can be implied or inferred from attendant circumstances and particularly from his conduct

Click Here to Read the rest of this document