Ramalingam, K. V. Kumaraswamy, V.

1953 Present : H. A. de Silva J.

K. RAMALINGAM, Petitioner, and V. KUMARASWAMY,
Respondent

Election Petition No. 16 (Chavakachcheri)-Inquiry into objection raised by the Respondent.

Petition-Presentation of petition-Gazette notification as mode of giving notice to respondent-Conditions precedent-Appointment of agent-Significance of Registrar's register-Ceylon (Parliamentary Elections) Order in Council, 1946, Schedule 3, Rules 9, 10, 11, 15, 17, 34, 35.

Under Rule 15 of Schedule 3 of the Parliamentary Elections Order in Council of 1946, a notice published in the Government Gazette can be availed of by the petitioner as notice of the presentation of his election petition only if before the publication no appointment of an agent or address had been given to the Registrar of the Supreme Court by the respondent in terms of Rule 10.

A person who has been returned as a Member may nominate an agent under Rule 10 even after an election petition has been filed against him. The words " at any time " in Rule 10 cannot be limited to a period before the filing of the petition.

The register which is required to be kept by the Registrar

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