ORDER : - Sri Triloki Singh was a candidate for election to Lok Sabha from the Lucknow District Central Constituency. The two other candidates were Srimati Sheorajvati Nehru and Sri Atal Behari Bajpai. All the processes of the election took place up to 27-2-1955. Thereafter the counting of votes commenced from 1-3-1955. This petition was filed on 2-3-1955 under Articles 226 and 227 of the Constitution of India praying for certain directions to be issued and for a declaration to be made that the counting of votes on 1-3-1955 was invalid and inoperative in law.

The direction that was asked for was to the effect that the Returning Officer should be prohibited from following the result of, what is called, his "illegal procedure" in counting votes and should not prepare and certify the return in form No.XVI and should not cause it to be published in the Gazette. An interim order for the sealing of necessary papers was also prayed for but that order was not issued and must now be left out of consideration.

2. The question that first of all is to be considered, on a preliminary objection being raised on behalf of the Returning Officer, is whether this Court has jurisdiction to issue a writ

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