Abraham Singho, H. V. Mrs. Kusumasiri Gunawardena

1953 Present   :    Swan J.

H. ABRAHAM SINGHO, Petitioner, and MRS. KUSUMASIRI
GUNAWARDENA, Respondent

Election Petition No. 15 of 1952 (Avissawella)

Election Petition-Particulars of charges not furnished-Duty of election judge under such circumstances-Ceylon (Parliamentary Elections) Order in Council, 1946, s. 86 (i) and Schedule III, Rules 21 to 26.

Where, in an election petition, the petitioner stated that he was unable to furnish particulars of the charges and to proceed with the petition-

Held, that under the Parliamentary Elections Order in Council the functions of an election judge are purely judicial. So, when at the trial, no evidence is led on the charges, the judge is not bound to proceed any further. He must dismiss the petition.

Per SWAN J.-" There is no reason for me to suspect that the abandonment of the petition is collusive, dishonest or fraudulent. But even if there is room for suspicion I do not think there is anything I can do in the matter."

ELECTION petition No. 15 of 1952 (Avissawella).

C. S. Barr Kumarakulasinghe, with Ivan Perera, for the petitioner.

S. Nadesan, with A. B. Pere

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