1956 Present: Basnayake, C.J., and Pulle, J.

M. H. MOHAMED, Petitioner, and (1) W. GOPALLAWA,
(2) DR. N. M. PERERA, Respondents

S. C. 531-IN THE MATTER OF AN APPLICATION FOR A WRIT OF MANDAMUS
ON WILLIAM GOPALLAWA, COMMISSIONER OF THE COLOMBO
MUNICIPAL COUNCIL, UNDER SECTION 42 OF THE COURTS ORDINANCE
(CHAP. 6)

Municipal Council-Summoning of meetings which are to be presided over by the Commissioner-Procedure-Municipal Councils Ordinance, No. 29 of 1947, as amended by Act No. 7 of 1954, ss. 19 (2) (a) (b) (c), 20 (2), 21-Mandamus.

Where a second Special Meeting of a Municipal Council is summoned by the Commissioner in terms of sections 19 (2) (b) and 20 (2) of the Municipal Councils Ordinance to consider whether or not a resolution which was passed at a previous Special Meeting should be confirmed, there is no obligation in law to set out the specific motion which is to be moved at the second meeting, provided that it is clear from the notice convening the meeting that the members are required to attend a meeting at which the matter for consideration is whether or not the resolution referred to in the notice should be confirmed. If the notice convening the meeting satisfies the requirements of section 20 (2), the Commissioner is, by virtue of section 19 (2) (c), under a duty to permit the meeting to transact the business for which it has been convened.

APPLICATION for a writ of mandamus on the Commissioner of the Colombo Municipal Council.

H. V. Perera, Q. C. with H. W. Jayawardene, Q.C., Edmund Cooray and Izadeen Mohamed, for petitioner.

S. Nadesan, Q.C., with Walter Jayawardena and T. Senathirajah, for first respondent.

Colvin R. de Silva, with Walter Jayawardena and A. B. Perera, for second respondent.

 Cur. adv. vult.

February 8, 1956. BASNAYAKE, C.J.-

The petitioner is a member of the Municipal Council of Colombo. The first respondent is the Commissioner and the second respondent is the Mayor of that Council. The petitioner asks for a mandate in the nature of a writ of mandamus directing the first respondent-

(a) to continue the Special Meeting which commenced at 2.30 p.m. on Monday the 17th of October, 1955, till the business, notice of which he had given, is transacted and concluded ; and

(b) for the said purpose to summon all the Councillors to re-assemble on a date and at a time to be fixed by this Court by giving to each Councillor such notice as this Court might direct.

No relief is claimed against the second respondent.

The material facts relating to the application are as follows :-

On 23rd September, 1955, a requisition to convene a Special Meeting of the Municipal Council under section 19 (2) (a) of the Muncipal Councils Ordinance, No. 29 of 1947, as amended by Act No. 7 of 1954, (hereinafter referred to as the Ordinance), was made to the first respondent in writing signed by sixteen Councillors. That requisition was as follows :-

" In terms of Section 19 (2) (a) of the Municipal Councils Ordinance No. 29 of 1947 as amended by the Municipal Councils (Amendment) Act No. 7 of 1954, We the undersigned sixteen members of the Colombo Municipal Council do hereby request you to convene a special meeting of the Colombo Municipal Council to consider the resolution herein below set out for the removal of Dr. N. M. Perera from the office of Mayor of the said Municipal Council.

The resolution above referred to :-

" This council resolves that Dr. N. M. Perera be removed from the office of Mayor of the Colombo Municipal Council in terms of Section 19 (2) (a), 19 (2) (b), and Section 15 (2), of the Municipal Councils Ordinance No. 29 of 1947 as amended by Municipal Councils (Amendment) Act No. 7 of 1954.

Proposer : Mr. M. H. Mohamed,
Member for Maligawatte "

On the same date the petitioner addressed a letter to the Municipal Commissioner in the following terms :-

" With, reference to the requisition signed by me and fifteen other members