Munasinghe, J.C.W. V. Corea, S.C.S.

1953 Present: Nagalingam A.C.J., Pulle J. and K. D. de Silva J.

J. C. W. MUNASINGHE, Appellant, and S. C. S. COREA,
 Respondent

ELECTION PETITION APPEAL

Election Petition No. 11 of 1952 (Chilaw)
 

Election Petition-Impersonated and tendered votes-Scrutiny-Addition of tendered votes-Striking out of corresponding impersonated votes necessary first- " Particular elector "-Missing ballot papers-Absence of evidence as to how they were lost-Non-compliance with the provisions of the Order in Council relating to elections-Effect on validity of election-Ceylon (Parliamentary Elections) Order in Council, 1946, se. 45, 49, 51 {1), 77 (b), 85 (1) (c) and (3).

Sub-paragraph (c) of paragraph (1) of section 85 of the Parliamentary Elections Order in Council of 1946 should be construed as the complement of paragraph (3) of the same section. On a scrutiny, therefore, at the trial of an election petition, the election judge is not entitled to add a tendered vote unless he is in a position to strike out the corresponding impersonated vote.

Before a person can be issued a tendered ballot paper under section 45 of the Order in Council, that

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