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P. S. BUS CO. LTD v. MEMBERS AND SECRETARY OF CEYLON TRANSPORT BOARD
NLR61V491
1958 Present :
Sinatamby, J.
P. S. BUS CO., LTD., Petitioner, and MEMBERS AND SECRETARY
OF CEYLON TRANSPORT BOARD, Respondents
S. C. 695-Application for a Writ of Quo Warranto or in the
alternative for a Writ of Certiorari under section 42 of the Courts Ordinance
(Cap. 6).
Quo
warranto - Certiorari- Discretion of court as to issue of a prerogative writ-Act
of Parliament-Can a Court of law investigate the question whether a statute was
duly passed ?- Motor Transport Act, No. 48 of 1957-Ceylon (Constitution)
order-in-Council 1946, u. 11 (1) (a), 19, 33, 34, 35, 38-Ceylon Constitution
(Special Provisions) Act, No. 35 of 1954.
A prerogative writ is not issued as a matter of course and it is in the
discretion of Court to refuse to grant it if the facts and circumstances are
such as to warrant a refusal. A writ, for instance, will not issue where it
would be vexatious or futile.
In the present application for a Writ of Quo Warranto or, in the alternative,
for a Writ of Certiorari, the petitioner sought to cha.l1enge the validity of
the Motor Transport Act No. 48 of 1957 on the ground that 'the House of
Representatives which was one of the bodies that passed the said Act was not
constituted according to section 11 (1) (a) of the Ceylon (Constitution) Order-
in-Council, 1946, as amended by the Ceylon Constitution (Special Provisions Act
No. 35 of 1954 ".
It was contended that inasmuch as one of the members of the House of
Representatives had been elected to represent two electoral districts, the
House- of Representatives consisted of 94 elected members only, instead of 95
members. and was therefore not properly constituted. It was further urged that
for this reason all its legislative acts were invalid, void and of no legal
effect.
Held, that the absence of any suggestion that the passage of the
Motor- Transport Act through the House of Representatives was effected by a bare
majority of one vote and that if there were 95 members the result would have
been different was a circumstance that the Court should take into- consideration
in exercising its discretion.
Held whether that the Court should also take into consideration
the disastrous consequences of granting the writ.
Quaere, whether a Court of law can go behind an Act of Parliament and
investigate the question whether it had been duly passed by a majority vote in
the House of Representatives.
APPLICATION
for a Writ of Quo Warranto or in the
alternative for a Writ of Certiorari on the Members and Secretary of the Ceylon
Transport Board.
E. R. S. R. Coomaraswamy, with B. A. R. Candappa, Hilmy Mohideen, for the
petitioner.
Cur. adv. vult
February 6,1958. SINNETAMBY.
J.-
The petitioner in this case is the P. S. Bus Co., Ltd., which has its
registered office in Kandy and held a stage carriage permit by virtue of which
it was carrying on business as public carriers transporting passengers for hire
along certain specified routes. The company owned the buses enumerated in the
schedule attached to the petition.
With the object of nationalizing the public transport services Parliament
enacted Act No. 48 of 1957 by which was created a Board called the Ceylon
Transport Board charged with the duty of providing efficient regular omnibus
services in Ceylon ". Act gave wide powers to the Minister of Transport to
requisition and take over buses and other property belonging to various
companies who were engaged in the business of providing regular omnibus
services. The Minister was also authorised to make vesting orders in respect of
properties that had been used or were intended to be used by the holder of a
stage carriage permit, vesting such properties in the Ceylon Transport Board.
Before such an order could be made, however, the Act required an officer
authorised by the Minister, by. notice published in the Government Gazette and
certain newspapers, to d
