( 1 ) SRI Kashi Nath Pandey has filed this petition under Article 226 of the Constitution praying for the issue of a writ of certiorari quashing the order of opposite party No. 5, Election Tribunal, gorakhpur, at Sitapur and for issue of a writ of mandamus prohibiting opposite party No. 5 from proceeding any further with the trial of Election Petition No. 463 of 1957.

( 2 ) IN the last general elections the petitioner Sri Kashi Nath Pandey, opposite party No. 1 Sri shibban Lal Saxena and opposite parties 2 to 4 were candidates for election to the House of the people from Hata Constituency in the district of Deoria. This was a single member constituency and the petitioner Sri Kashi Nath was declared elected. Sri Kapildeo an elector, filed an, election petition on 6-5-1957 praying that the election of Sri Kashi Nath Pandey petitioner be declared void on grounds given in that petition. Opposite parties Nos. 1 to 4 in the present petition were respondents in that election petition. The election petition filed by Sri Kapildeo was sent by the election Commission for trial to the Election Tribunal at Gorakhpur which later held sittings at sitapur. On 9-10-1957 Sri Kapildeo