Herath Banda V. Dissanayake

1961 Present: T. S. Fernando, J.

G. M. HERATH BANDA, Applicant, and P. S. DISSANAYAKE,
Respondent

S. C. 365 of 1961-Application for a mandate in the nature of a Writ
of Quo Warranto on Punchirallegedera Suddahamy Dissanayake,
functioning in the office of Chairman, Village Committee of Ambanpola

Local Authorities Elections Ordinance No. 53 of 1946, as amended by Act No. 25 of 1953-Section 9-" Residence "-Meaning of expression " on the date of the preparation or revision of the parliamentary register for the time being in operation"-Ceylon (Parliamentary Elections) Order in Council, 1946, ss. 4, 16, 22 (2)-Quo warranto.

The respondent, who was a teacher in a Government school at Ambanpola in the electoral district of Yapahuwa, was residing at Ambanpola till the year 1952. As a result of his being transferred to a school at Gothatuwa in the electoral district of Kolonnawa he took up residence at Gothatuwa and resided there until he retired in January 1960 from service under Government. It was not until 1st July 1960 that he took up residence again in his native village

of Ambanpola. His name, however, and that of his wife appeared not only on the register of electors of the Kolonnawa electoral district certified on December 15, 1960, but also on the electoral list for a ward in which he was resident while he functioned as a teacher at the Gothatuwa school.

At an election held on June 15,1961, the respondent was elected as the member for Ambanpola ward of the Ambanpola Village Committee.

Held, (i) that the fact that during the time he was teaching at Gothatuwa school he made frequent visits to Ambanpola and took up periodic residence there during the school vacations did not entitle the respondent to the benefit of section 4 (2) of the Ceylon (Parliamentary Elections) Order in Council, 1946, and to claim that he was resident also at Ambanpola prior to 1st July 1960 so as to qualify him to be on the electoral register for Yapahuwa.

(ii) that the crucial date for determining qualification for membership in terms of section 9 of the Local Authorities Elections Ordinance No. 53 of 1946, as amended by Act No. 25 of 1953, can be fixed only with reference to the register that is in operation as defined by law and not with reference to the date of the commencement of its revision, if such revision has commenced in terms of section 16 of the Parliamentary Elections Order in Council but has not been completed.

APPLICATION for a writ of quo warranto on the Chairman, Village Committee of Ambanpola.

F. A. de Silva. for the applicant.

Izadeen Mohamed, with H. I). Tambiah, for the respondent.

Cur. adv. vult.

November 29, 1961. T. S. FERNANDO, J.-

This application involves an interpretation of section 9 of the Local Authorities Elections Ordinance, No. 53 of 1946, as amended by Act No. 25 of 1953, a provision of law which is of practical interest to persons seeking election as members of a local authority. This section as in force at present reads as follows :-

" Every person who is not disqualified as provided by section 10 shall be qualified at any time for election as a member for any ward of an electoral area if-

(a) he was, on the date of the commencement of the preparation or revision of the parliamentary register for the time being in operation for any electoral district in which that electoral area or any part thereof is situated, qualified to have his name entered in that register ; and

(b) he was, on the date aforesaid, resident in that ward or any other ward of the same electoral area ".

The respondent and the petitioner were candidates for election as the member for Ambanpola ward (ward No. 9) of the Ambanpola Village Committee at an election held on June 15, 1961. The respondent was elected as the member for that ward by a majority of 24 votes and was thereafter elected Chairman of the Village Committee at a meeting held on July 20, 1961. It

Click Here to Read the rest of this document