S.S.Dhavan, J. - (1.) This is a petition under Article 226 of the Constitution praying for the quashing of an order dated 13-9-1958 passed by Mr. G. C. Agarwala, District and Sessions Judge, Kheri, acting as Election Tribunal, Aligarh, directing that a complaint be filed to the proper Court under Section ,195 of the Code of Criminal Procedure against the petitioner for having committed perjury in violation of Section 193 of the Indian Penai Code.
(2.) The facts as stated in the affidavit supporting the petition are these : The petitioner was elected to the Uttar Pradesh Legislative Assembly from Iglas Constituency in the district of Aligarh in the last general election. Sheddan Singh, who was one of the defeated candidates, filed an election petition against the petitioner which was referred for decision to the Election Tribunal (Sri G. C. Agar-wala, respondent No. 1). The tribunal pronounced judgment on 6-1-1958 allowing the petition and setting aside the petitioner's election and declaring the election of the petitioner to be void. (The petitioner's statement that the tribunal made recommendation that his election be declared void is obviously erroneous as election tribunals constituted under the Representation of People Act have the power themselves to declare an election void.) The tribunal simultaneously issued notices to both the parties to show cause under Section 479-A Cr. P. C., why they should not be prosecuted for false evidence. (Learned counsel for the petitioner stated, on a question from me, that this notice was issued by the tribunal at the time of delivering the judgment). The petitioner filed an appeal to this Court against the judgment of the Tribunal which was dismissed on 29-4-1958. The petitioner states that he has made an application before the Supreme Court under Article 136 of the Constitution for special leave to appeal against the judgment of the High Court. This application is pending and leave has not yet been granted by the Supreme Court.
(3.) The petitioner filed an objection before the tribunal against the notice directing him to show cause why he should not be prosecuted for giving false evidence. The affidavit does not disclose the date on which this objection was filed nor was learned counsel for the petitioner in a position to enlighten the Court on this point. On 13-9-1958 the tribunal passed an order holding that it had no jurisdiction to hold an inquiry under Section 476 or 479-A Cr. P. C., and discharged the notice under Section 479-A. However, it held that a complaint could be filed by the tritbunal under Section 195 Cr. P. C., to the proper Court. Accordingly it directed that a complaint be filed against the Petitioner. In pursuance of that order a complaint was filed of which the Judicial Officer, Iglas, respondent No. 2, took cognisance and issued process against the petitioner as an accused person. He also fixed 16th December 1958 as the date of the hearing but the hearing was adjourned on that date on account of the petitioner's illness. Aggrieved by the order of the respondent No. 1, which has initiated criminal proceedings against him in thy Court of the respondent No. 2, the petitioner has come to this Court for relief under Article 226 of the Constitution. He prays for a writ in the nature of certiorari quashing order of the respondent No. 1 directing a complaint to be filed, and for a writ of prohibition commanding the respondent No. 2 to forbear from proceeding with the hearing of the case against the petitioner.;