RAM SWAROOP Vs. G D SAHAGAL

JUDGEMENT

(1.) This is a petition under Arts. 226 and 227 of the Constitution praying for the issue of a writ of quo warranto requiring the respondent No. 1, Sri G. D. Sahgal, District and Sessions Judge of Allahabad, to snow the authority under which he was trying Election Petition No. 366 of 1957 (Brij Bhushan and another v. Raja Anand Brahma Shah), for the issue of a writ of prohibition prohibiting the respondent No. 1 to proceed with the trial of the said election petition and for the issue of a writ of certiorari quashing the entire proceedings held before the Election Tribunal, respondent No. 1, between 4-10-1958 and 5-3-1959 and the Tribunal's order dated 4th March 1959.

(2.) The facts leading to this petition are that the present petitioners filed an election petition against Raja Anand Brahma Shah and Sobh Nath, respondents Nos. 2 and 3, who had been declared" elected as members of the Legislative Assembly from the 182 Robertsganj Legislative Assembly Constituency. The Election Commission of India appointed respondent No. 1 as Election Tribunal for the trial of that petition. The petition was dismissed under Sub-section (3) of Section 90 of the Representation of the People Act, 1951, on the ground of non-compliance with the provisions of Section 117 of the Act. The petitioners then presented Civil Misc. Writ No. 678 of 1958 in this Court. That writ petition was allowed on 29-7-1958. The operative portion of the order is: "We, consequently, direct that a writ shall issue quashing the order of the Tribunal dated 19-9-1957 by which the election petition was dismissed, The petitioners will be entitled to their costs of this petition, which we fix at Rs. 100/-. The result of our order is that the election petition, which was wrongly dismissed by the Election Tribunal, shall be deemed to be pending and the Tribunal shall proceed to decide it in accordance with the law."

(3.) Thereafter the respondent No. 1, the original Election Tribunal, took up the election petition for further proceedings on 4-10-1958. On 3-3-1959 the petitioners applied to the Tribunal questioning its jurisdiction. The application was rejected.