ORDER —Leave granted. Heard counsel for the parties. We proceed to dispose of the appeal.

2. Petitioner was elected as Sabhasad for Nagar Mahapalika, Allhabad. Respondent 1 filed a petition challenging the election of the petitioner. After notice to the parties, the 2nd Additional District Judge before whom the election petition was pending, listed the case from time to time. Ultimately on May 31, 1990 he took up the case and made an ex parte order declaring respondent (1) as duly elected candidate while at the same time setting aside the election of the petitioner. Against the said ex parte order, the petitioner preferred an appeal before the High Court of Allahabad. The High Court, while admitting the appeal, however, did not grant stay of the impugned order. That created all the problem. The petitioner approached the Additional District Judge complaining that the ex parte order made on May 31, 1990 was without an intimation to him since the case was not listed on that day. He pleaded that the order should be set aside and till his application is decided, the order should be stayed. Learned District Judge gave an ex parte order, subsequently confirmed it with opportunity to both t