Kanhaiya Singh, J.

1. These are two applications under Article 227 of the Constitution arising out of the same election petition and challenging, respectively, the legality and correctness of the order of the Election Tribunal dated 16th July, 1962, refusing amendment of the election petition and the order dated 31st July, 1962, refusing leave to deliver interrogatories for the examination of opposite party No. 1, and they will be disposed of by this judgment; but for the sake of convenience I will deal with them separately. Miscellaneous Judicial Case No. 885 of 1962.

2. In a contest between the petitioner and opposite parties 1 to 4 for election to the Bihar Legislative Assembly from the Lalganj North Constituency, Bateshwar Prasad, opposite party No. 1, was declared elected on 27th February, 1962, and on 11th April, 1952, the petitioner filed an election petition under Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as the Act), numbered as 133 of 1962, disputing the election of opposite party No. 1 as void, substantially on the ground that on the date of his election he was disqualified for being chosen as, and for being, a member of th