1. In this case the petitioner Shri Mohan Singh Oberoi has obtained a rule from the High Court asking the respondents to show cause why the order of the Election Tribunal of Patna postponing the decision of a preliminary objection raised by the petitioner of non-compliance of Section 81 of the Representation of the People Act should not be set aside by the High Court under Article 227 of the Constitution, Cause has been shown by the respondents to whom notice of the rule was ordered to be given.

2. It appears that respondent No. 1, Shri Shah Muhammad Umair, had filed an election petition under Section 81 of the Representation of the People Act, 1951, challenging the validity of an election to the Rajya Sabha from the Bihar Legislative Assembly Constituency. Under Section 86 of the Representation of the People Act, 1951, the Election Commission constituted a Tribunal for the trial of the election petition and appointed the District judge of Patna to be a member of the said Tribunal. On the 27th August, 1962, the petitioner filed an application under Section 90, Sub-section (3), of the Representation of the People Act, praying that the election petition filed by respondent No