Sunil Ambwani, J. - (1.) Heard counsel for petitioner and Sri Shrishitij Shailendra for contesting respondents.
(2.) By the impugned order. Election Tribunal has decided preliminary issues nos. 4, 5, 6, 7, 8, 9, 10 & 11 and has directed the matter to come up for next hearing. Counsel for petitioner has challenged the decision on issue no. 7 to the effect, whether the petition is barred under Article 227 of the Constitution of India. It was contended by returned candidate-petitioner in this writ petition that against the judgment and order of this Court dated 29.9.1997 in writ petition No. 11107 of 1997 between Sesh Mani Yadav and 1st Additional District Judge, Gorakhpur, it has been held that 'Banjara' caste, as used by Legislature in the Reservation Act, has been used in the context of Hindus and not Muslims. A Special Leave Petition has been filed and is pending before the Supreme Court, and thus the proceedings which are the subject matter of the election petition be stayed.
(3.) The Tribunal has found that the pendency of the special leave petition against the judgment in writ petition made by the High Court determining a question of law cannot operate to stay the proceeding in another election petition.;