MALIK, CJ. :- This writ petition has been filed by Kari Shankar Prasad Gupta under Art. 226 of the Constitution. The reliefs claimed by him are as follows :

(a) A writ in the nature of quo Warranto be issued against the opposite-party no. 1 calling upon him to show the authority under which he has been duly appointed a Member of the Election Tribunal and (b) a writ in the nature of prohibition be issued directing the opposite-party No. 1 not to proceed with the hearing of the Election Petition No. 224 of 1952.

2. The applicant, Hari Shankar Prasad Gupta, was elected to the House of the People of Uttar Pradesh from the North Constituency, district Gorakhpur. Shibban Lal Saksena was a rival candidate. He filed an election petition challenging the election of the applicant. The petition was numbered as Election Petition No. 224 of 1952. The Election Commission appointed an Election Tribunal to hear this petition and Sri Brij Narain, District Judge, Gorakhpur, was appointed the Chairman of the Election Tribunal. The two members nominated by the Election Commission were, Sri Brij Behari Lal, Retired District Judge of Uttar Pradesh, and Sri Sukhdeo Prasad, Advocate, Gorakhpur.

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