( 1 ) JAI Prakash Agarwal, respondent No. 4 in Civil Misc. Writ Petition No. 33181 of 1998 has filed this appeal challenging the order dated 23rd October. 1998, passed by the single Judge by which he stayed the operation of the order dated 29. 9. 1998, passed by the prescribed authority, respondent No. 1. At the time of admission/hearing of this appeal, learned counsel for the respondents raised preliminary objection on 29th October. 1998 against the maintainability of the appeal. It was submitted that as prescribed authority by his order decided the dispute of election as a tribunal between the parties, which was subject-matter of challenge in the writ petition, from orders passed in such a writ petition, special appeal under Chapter VIII. Rule 5 of the Allahabad High Court Rules, is not legally maintainable. Considering the preliminary objection, we gave time to the learned counsel for the parties and fixed 30th October. 1998 for hearing on this preliminary objection.

( 2 ) WE have heard Sri. R. N. Singh, learned Senior Advocate for appellant and Sri A. C. Tirpath, learned counsel for the respondents Nos. 4 and 5 and learned standing counsel for respondent n