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TMI Blog1930 (4) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... een duly elected as Chairman. The petitioner is the other candidate for election. 2. An application was made to the Government, by the petitioner for setting aside the election on the ground of various irregularities in the election; but the Government while finding that the action of the Councillors in violating the provisions of Rule 4 of the rules for the election of Chairman and Vice-Chairman of the Municipal Councils prescribing secret voting was highly irregular did not interfere with the election in question and passed an order leaving the aggrieved parties to the legal remedies. Immediately after the said order of the Government (on 10th December 1929) the present petition was filed. We issued an interim writ. The Municipal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writ lies only in judicial as distinguished from ministerial acts. In Frome United Breweries Co. v. Bath Justices [1926] A.C. 586, Lori Atkinson quoted the dictum of May, C. Z. in Reg v. Dublin Corporation [1878] 2 L.R. Ir. 371 as follows: In this connexion the term judicial does not necessarily mean acts of a Judge or legal tribunal sitting for the determination of matters of law, but for the purpose of this question a judicial act seems to be an act done by competent authority, upon a consideration of facts and circumstances, and imposing liability or affecting the rights of others. And if there is a body empowered by law to inquire into facts, make estimates to impose a rate on a district, it would seem to me that the acts of such a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was any resolution of the council upon the matter, and this appears to be the fact from an examination of the council's minute book. The council did not, therefore profess to 'exercise some right or duty to decide, which, as Fletcher Moulton, L. J. has explained in Hex v. Woodhouse [1806] 2 K.B. 501, is necessary to provide scope for the writ of certiorari. All that was done was to record in the minute book the result of the poll as declared by the presiding member. The act of the presiding member in declaring the result of the poll was a purely ministerial or administrative act: see Pritchard v. Mayor of Bangor [1883] 13 A.C. 241. And a writ of certiorari cannot be granted in respect of such an act; Rex v. Woodhouse [1806] 2 K.B. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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