Choudhary, J.

1. By this application under Articles 226 and 227, Constitution of India the petitioner seeks to have a writ in the nature of certiorari issued for quashing the order of the Election Tribunal, whereby an amendment to the election petition filed by opposite party No. 1 was allowed.

2. The petitioner and opposite party Nos. 1 to 8 were candidates at the by-election of the Bihar State Assembly from the Fatwa Constituency, Opposite party Nos. 3 to 8 withdrew their candidature, and the petitioner and opposite party Nos. 1 and 2 contested the said election. The polling station with which we are concerned in the present proceeding was at Saidanpur, where there were two polling booths, namely, booth No. 1 and booth No. 2. The polling was held in the entire Fatwa Constituency including the two booths of Saidanpur on 7-6-1953.

It is alleged that the ballot boxes of polling booth No. 2 of Saidanpur polling station were attempted to be tampered with by one Kamleshwar Prasad Yadava, polling agent of the petitioner, Sheo Mahadeo Prasad. Since the attempt to tamper with the ballot boxes failed as the alleged culprit was caught red-handed, the polling continued with the conse