D.Falshaw, J.

1. These two petitions (Civil Writs Nos. 1156 of 1957 and 106 of 1958) under Articles 226 and 227 of the Constitution have been filed in the following circumstances by Sardar Pratap Singh Kairon, Chief Minister. Punjab, and Sardar Daljit Singh M. P.

2. In May 1955 a bve-election was held to fill a vacancy in the Punjab Legislative Assembly which had arisen in the Hoshiarpur constituency. Five candidates filed nomination papers of whom two withdrew in time and the contest on polling day was between Amar Singh, Balbir Singh and Kartar Singh. Amar Singh headed the pull and was duly declared elected.

3. In July 1955 Balbir Singh, who was second in the poll, filed an election petition challenging the election of Amar Singh on various grounds, including a number of allegations of corrupt practices in some of which the names of the present petitioners were involved.

4. The election petition, which was to be decided in accordance with the provisions of the Representation of the Pe.iple Act of 1051, as it stood before it was amended in 1956, came before an Election Tribunal consisting of Mr. Kar-tar Sirigh Chadha Chairman and Mr. D. D. Seth and Mr. Badri Prasad Pun Mem