Bapana, J. - (1.) This is a petition under Articles 226 and 227 of the Constitution of India,
(2.) The petitioner Bawat Man Singh is a returned candidate to the Rajasthan Legislative-Assembly from Jamua Ram Garh constituency in the last General Election. Shri Roop Chand Sogani and Shri Mangilal opposite party Nos. 1 and 2 filed an election petition which is No. 227 of 39ii2 and is pending inquiry before the Election Tribunal, opposite party No. 6. Rawat Man Singh, Shri Govind Narain Jahalani, Shri Kanhiya Lal and Shri Amrit Lal who were candidates at the election were made respondents in that petition.
(3.) The petitioner challenges the validity of the constitution of the Election Tribunal on the following grounds : 1. The Chairman was appointed after the appointment of members. 2. On the resignation of the first Chairman Shri K.C. Gupta, the Tribunal was not re-constituted, but only a new Chairman was appointed. 3. The Tribunal was 'functus officio' during the period between the resignation of Shri K.C. Gupta Chairman and the appointment of Hon'ble Mr. Justice K.K. Sharma in his place. 4. The members of the Tribunal were appointed on different dates which was not contemplated' under the law. 5. Shri P.L. Shome, an Advocate of the Calcutta High Court could not be appointed as a member of the Tribunal functioning in Rajasthan. 6. The consent of the President of India had' not been obtained for the appointment of Hon'ble Mr. Justice K.K. Sharma as Chairman of the Tribunal.;