This is an application for the issue of a writ of Prohibition directing the Election Tribunal, Tirunelveli, not to proceed with the hearing of Election Petition No.71 of 1952. At an election held on 16th January, 1952, the petitioner A.S. Subbaraj was returned to the Legislative Assembly, Madras, from the Uttamapalayam Constituency. The first respondent Muthiah, who was one of the three unsuccessful candidates for the seat, filed on 27th March, 1952, a petition under section 81 of the Representation of the People Act, hereinafter referred to as the Act, for setting aside the election. The Election Commission to which it was presented appointed under section 86 of the Act an Election Tribunal for the hearing of this petition. Notice of the same was served on the petitioner on 28th September, 1952. On 22nd October, 1952, when the petition came up for hearing before the Election Tribunal the petitioner raised a preliminary objection to its maintainability on the ground that it was not duly verified as required by section 83 of the Representation of the People Act, 1950, and was, therefore liable to be rejected in limini under section 85 of the Act. Section 83(1) of the Act runs