Senanayake, E.L. V. Navaratne, H.M.

1953 Present: Nagalingam A.C.J., Gratiaen J. and Pulle J.

E. L. SENANAYAKE, Appellant, and H. M. NAVARATNE
et al., Respondents

ELECTION PETITION APPEAL NO. 1 OF 1953

 Election Petition 3 of 1952, Kandy
 

Election Petition-False declaration as to election expenses-Ground for unseating member-Time limit for presenting election petition-" Candidate "-Corrupt practice of printing and publishing handbills, &c, without disclosing addresses of printer and publisher-Corrupt intention-Necessary ingredient-" Publisher " -Statute with retrospective operation-Scope of its effect-Ceylon (Parliamentary Elections) Order in Council of 1946, ss. 3 (1), 58 (1) (c) and (f), 70, 73A, 77, 82A and B, S3 (1), 83 (1) (b) (i) and (ii), 83 (2)-Ceylon (Parliamentary Elections) (Amendment) Act, No. 26 of 1953, ss. 5, 6.

Held, by NAGALINGAM A.C.J. and PULLE J. (GRATIAEN J. dissenting), that knowingly sending a false return of election expenses, being a corrupt practice under section 58 (1) (f) of the Parliamentary Elections Order in Council of 1946, falls within the ambit of sections 77 (c) and 83 (1) (a). The act of making the declaration is an ac

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