DHAVAN, J. :- This is a petition under Art. 226 of the Constitution filed by a respondent in the election petition which is pending against him. It involves an important question of law namely, whether a Tribunal constituted under S. 86 of the Representation of the People Act, 1951 (hereinafter called the Act) has the power to review its orders like a Civil Court under S. 114 read with O. 47, H. 1 or S. 151, Civil P.C. The facts are these. The petitioner Sri Brij Mohan Lal and the respondent Shankar Lal along with five other candidates contested the election to the Uttar Pradesh Legislative Assembly from 302 Banda Assembly Constituency in the general election of 1962. The polling took place on 25th February 1962 and the result was declared on the same day. The petitioner secured 9173 votes against the respondent Shanker Lal's 8903 and was elected by a majority of 270 votes. The votes of the other five candidates were respectively 5218 (Praja Socialist Party), 3109 (Ram Raj Parishad), 1575 (Communist Party), 1300 (Jan Sangh) and 772 (Independent). Thus the vote was very close and the petitioner obtained a little more than the one-third of the total votes polled.

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