192-NLR-NLR-V-47-GOONETILEKE-Petitioner-and-GOVERNMENT-AGENT-GALLE-Respondent.pdf
Ooonetileke v. Government Agent, Grille.
549
1946Present: Keuneman S.P.J.GOONETLLEKE, Petitioner, and GOVERNMENT AGENT,GALLE, Respondent.
Application for a writ of certiorari or mandamus on the Government
Agent, Galle.
Writ of Certiorari or Mandamus—Village Committee election—Application forfresh election—Successful party should be made party respondent.
In an application for a writ of certiorari or mandamus to set aside anelection in connection with a Village Committee and for the holding of afresh election in respect of the ward, the successful party should be madea party.
* {1830) 6 Bingham's Reports 576.
560
KEUNKMAN S.P. J.—Goonetileke v. Government Agent, Galle.
A PPLICATION for a writ of certiorari or mandamus.
C. V. Ranawake (with him Dodwell Gunawardene), for the petitioner.
Douglas Jansze, C.C., for the respondent.
September 27, 1946. Kecnbman S.P.J.—
The petitioner applies for a writ of certiorari or mandamus and praysin his petition that the Court may be pleased to declare the election inconnection with the Village Committee void and direct the GovernmentAgent to hold a fresh election in respect of the ward. The objection hasbeen taken in the first instance that no order such as is claimed by thepetitioner can be made when the successful candidate has not been madea party. This was held in the case of Carr on v. Government Agent, W .P.xI think the objection on the part of the Government Agent is a good one.
An application is now made to me to add the successful candidate as aparty to the case. I think the application comes at too late a stageof these proceedings and that I should not allow an application now.
The application of the petitioner is refused with costs.
Application refused.