Kaleel,Dr. M. C. M. V. Themis, M. S. Et Al.,

1956 Present; Pulle, J.

DR. M. C. M. KALEEL, Petitioner, and M. S. THEMIS
et al., Respondents

Election Petition No. 2 of 1956

IN THE MATTER OF THE CEYLON (PARLIAMENTARY ELECTIONS)
 ORDER IN COUNCIL, 1946, ELECTION FOR ELECTORAL DISTRICT
No. 2-COLOMBO CENTRAL-HOLDEN ON THE
5TH DAY OK APRIL, 1956

Election petition-Miscount of ballot papers alleged by unsuccessful candidate- Validity of such, ground-Discretion of Court-Multiple member electoral district-Necessary parties-Amendment of petition by supplementary affidavits-Ceylon (Parliamentary Elections) Order in Council, 1946, ss. 48 (7) (8), 49 (1) (5), 80 (b) (c), 83, 86 (2)-Parliamentary Election Petition Rules, 1946, rules 4 (1) (b), 5.

Miscount of ballot papers is a valid ground on which an election judge may grant relief under section 80 (b) and (c) of the Ceylon (Parliamentary Elections) Order in Council, 1946. The provisions of sub-sections 1 and 5 of section 49 and of sub-sections 7 and 8 of section 48 do not necessarily point to the non existence of a jurisdiction to order a recount of ballot papers.

Where an unsuccessful candidate presents an election pet

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