- (1.) THIS is a petition under Article 226 of the Constitution. The petitioner, Sri Audesh Pratap singh, and respondents Nos. 4 to 11 were candidates for election to the Uttar Pradesh Legislative assembly from the Bikapur East General Constituency in the district of Faizabad at the last general election, and on the 3rd February, 1952, the petitioner was declared by the Returning officer to be duly elected. On the 14th May the respondent No. 4, Sri Mahadeo, filed an election petition challenging the election of the petitioner on a number of grounds including the exercise of undue influence on the electors in a large number of villages in the constituency.
(2.) THE election petition was referred to an Election Tribunal sitting at Gorakhpur of which the first respondent is the Chairman and the second and third respondents are members. Objection is taken in the petition now before us to two orders passed by the Election Tribunal. In his petition before the latter body Sri Mahadeo claimed two main reliefs, namely, (a) that the election of Sri Audesh Pratap Singh be declared void and that he, Sri Mahadeo, be declared duly elected, and (b) that in case he be not declared duly elected the entire election be declared to be void and a re-election be ordered.
(3.) IT was contended before the Tribunal that as under Section 84 of the Representation of the people Act, 1951 Sri Mahadeo could claim only one relief the petition was defective and should be dismissed. After hearing argument, the Tribunal rejected the submission by an order dated the 6th January, 1953. That is the first order to which objection is taken.;