GHAYUR ALI KHAN Vs. MAHESH CHANDRA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution.

(2.) The petitioner and the second respondent were candidates for election to the State Legislative Assembly from the Bhawan Constituency No. 24 at an election held on 6-3-1857. At this election the petitioner was declared duly elected and thereafter the second respondent filed an election petition challenging the validity of the petitioner's election on a number of grounds. The election petition was referred by the Election Commission for trial to an Election Tribunal which framed certain issues. On 20-8-1957, Sri Gliayur All Khan, the present petitioner and respondent before the Election Tribunal, filed an application that the petition be struck out as being vague and not in conformity with the provisions of Section 83, Clause (b), of the Representation of the People Act, 1951, and that the issues be revised. The Election Tribunal by an order dated 30-8-1957, framed three additional Issues and, save for a direction that the words "and student" in para. 3 (1) (a) and the words "and supporters" in para 3 (1) (b) of the election petition be deleted, it rejected the application.

(3.) In the petition now before us Sri Gha-yur Ali Khan avers that the Election Tribunal was wrong in law in not striking out the paragraphs of the election petition specified by him in his application and he prays for the issue of a writ in the nature of certiorari quashing the order of the Tribunal dated 30-8-1957.