1955 Present : Swan, J.

B. D. GUNAPALA, Petitioner, and HON. MR. C. W. W. KANNANGARA
(Minister of Local Government), Respondent

S. C. 269-Application for a Mandate in the nature of a Writ of Certiorari
to quash an order purported to have been made under Section 61 of
the Village Communities Ordinance

Village Communities Ordinance-Section 62-Removal of Chairman of a Village Committee from office-Executive function of Minister-Certiorari.

When the Minister of Local Government, by virtue of the power vested in him by section 61 of the Village Communities Ordinance, removes the Chairman of a Village Committee from office on being satisfied " that there is sufficient proof of " misconduct in the performance of his duties, he performs an executive and not a judicial act. Such act cannot be the subject of a writ of certiorari.

APPLICATION for a writ of certiorari on the Minister of Local Government.

Sir Lalita Rajapakse, Q.C., with G. T. Samerawickreme, G. C. Weerasinghe and T. G. Goonesekera, for the petitioner.

T. S. Fernando, Q.C., Acting Attorney-General, with V. S. A. Pullenayagum and Mervyn Fernando, Crown Counsel, for the respondent