RANAWAT, J. - (1.) This is a petition under Article 226 of the Constitution of India challenging the validity of an order of dismissal of the election petition of Dr. Mangal Singh by the Election Tribunal of Bharatpur, dated 22nd August, 1957, for a writ of certiorari quashing the said order and remanding the case for full trial according to law.
(2.) The petitioner is Dr. Mangal Singh, a defeated candidate at the General Election, held in the year 1957 from the Rajakhera Constituency. He filed an election. petition against Seth Mahendra Singh, who was declared elected to the Rajasthan Legislative Assembly from the said Constituency, before the Election Commission who referred the same to the Election Tribunal at Bharatpur. The Election Tribunal, after scrutinising the election petition, directed, on the 4th August, 1957, the petitioner to furnish further and better particulars of his case. The petitioner filed a comprehensive petition purporting to comply with the direction of the Tribunal on the 22nd of August, 1957. The learned Judge of the Tribunal held that the comprehensive petition filed by the petitioner did not fully comply with the direction of the Tribunal, and consequently dismissed the election petition by his order dated 22nd August 1957. The learned Judge has principally stated the following reasons for his order of dismissal : (1) The petition was not for amendment of the election petition, but was an amended petition. (2) The petition, as it contained facts, which were not included in the original petition, could not be regarded as a petition for amendment. It could only amount to a new election petition which could not be entertained at that stage.
(3.) After the election petition was dismissed, the petitioner filed this writ petition on the 16th of September, 1957. It is urged on his behalf that the order of the Election Tribunal is not in accordance with law, for the Tribunal had no jurisdiction to dismiss the election petition merely for the reason of non-compliance of the direction of the Tribunal for filing an amendment application. It is contended that the Tribunal could not have dismissed the election petition so as to penalise the petitioner for not filing an amendment application in accordance with the direction of the Tribunal. As an illegality is said to have been committed by the Election Tribunal, the petitioner has claimed a writ of certiorari for setting aside the order, and for a direction to try the case according to law.;