R.L.Anand, J.

1. Sugan Chand Saini petitioner has filed the present civil writ petition under Articles 226 and 227 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing the impugned order dated 21.1.1995 passed by respondent No. 1 vide which the Tribunal had allowed the withdrawal of the election petition filed by respondent No. 2 Shiv Hari instead of dismissing the same under Rule 79 of the Haryana Municipal Election Rules, 1978. The petitioner has further prayed that a writ in the nature of prohibition/mandamus be issued against respondent No. 1 from entertaining the second election petition filed by respondent No. 2 on the same cause of action.

2. The case set up by the petitioner is that in the month of December, 1994, election of various Municipal Committees was held in Haryana and on 28.12.1994 election of Municipal Committee, Mandi Ateli took place. Petitioner and respondent No. 2 contested the election of a Municipal Councillor from Ward No. 6 of the said Municipal Committee. There were only two candidates. The petitioner was declared elected while respondent No. 2 was defeated and the result was declared by the Returning O