DAVE, J.

( 1 ) THIS is a writ application under Articles 226 and 227 of the Constitution of India and it arises in the following circumstances: -

( 2 ) THE petitioner Satish Kumar and respondent No. 2 Badri Prasad and a few others contested the general election held on the 26th February, 1962 from the bansur Constituency for memership of the Rajasthan Legislative Assembly. The petitioner was declared elected as he received the highest number of votes. Respondent No. 2 lost the election. Respondent No. 2 then filed an election petition to challenge the election of the petitioner before the Election Commission. The said petition was sent for disposal to the Election Tribunal, Alwar, presided over by Shri Syed Ikramul Haq, R. H. J. S. The petitioner in his written statement raised several objections which led the Tribunal to frame more than 58 issues. Out of them 16 issues (Nos. 1, 7, 10, 14, 15, 22 to 25, 31, 36, 40, 54, 55, 57 and 58)were considered by the Tribunal to be preliminary issues and so they were decided on the 18th October, 1962 after hearing both the parties. Issues Nos. 24 and 25 were decided partly in favour of the petitioner and the rest were decided against