The Election Tribunal has jurisdiction to issue notices to persons alleged to have committed corrupt practices in connection with an election under Section 99 of the Representation of the People Act, 1951, even before a final decision on the election petition.

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 Members. The relevant provisions of the Act read:

"98. Decision of the Tribunal." At the conclusion of the trial of an ejection petition the Tribunal shall make an order- (a) dismissing the election petition; or

(b) declaring the election of the returned candidate to be void; or

(c) declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected; or

(d) declaring the election to be wholly void. 99. Other orders to be made by the Tribunal: (1) At the time of making an order under Section 98 the Tribunal shall also make an order- (a) Where any charge is made in the petition of any corrupt or illegal practice having been committed at the election, recording - (i) a finding whether any corrupt or illegal practice has or has not been proved to have been committed by, or with the connivance of, any candidate or his agent at the election, and the nature of that corrupt or illegal practice; and

(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt or illegal practice and the nature of that practice, together with any such recommendations as the Tribunal may think proper to make for the exemption of any persons from any disqualifications which they may have incurred in this connection under Sections 141 to 143; and

(b) fixing the total amount of costs payable, and specifying the persons by and to whom costs shall be paid; Provided that no person shall be named in the order under Sub-clause (ii) of Clause (a) unless: (a) he has been given notice to appear before the Tribunal and to show cause why he should not be so named; and

(b) If he appears in pursuance of the notice, he has been given an opportunity of cross-examin ing any witness who has already been examined by the Tribunal and has given evidence against him, of calling evidence in his defence and of be ing heard.

x x x x"

5. in the present case, since allegations of conduct said to amount to corrupt practices had been made against the present two petitioners as well as against other persons in addition to the successful candidate, the question arose, at the conclusion of the evidence produced by the parties, of applying the relevant portions of Section 99, since if the finding was to be given in the main [udgment on the election petition that allegations made against the persons other than successful candidate were established, they would have to be named under Section 99(1)(a)(ii), and they could only be so named after compliance with the provisions contained in the proviso regarding the issue of notice and the opportunity of cross-examining witnesses and producing defence evidence on their own account.

6. In dealing with this matter the Chairman of the Tribunal in a lengthy order dated 2