1. This is a petition to allow the petitioner to give evidence in the Court. It is the case of the petitioner that on account of illness he could not be examined in the election petition on 23-9-1987. He has produced a medical certificate to show that the doctor bad advised him to take complete rest during the period 20-9-1987 to 25-9-1987. In the affidavit it is stated that as his witnesses including the District Collector, Alleppey, appeared before the Court on summons his Advocate did not want to cause any inconvenience to the Court and the witnesses coming from distant places by seeking adjournment. It is averred that he could not appear in the Court on 23-9-1987 not due to any laches or negligence on his part. Petitioner asserts that for effective determination of the election petition he has necessarily to testify.

2. Respondent filed counter statement opposing the petition. The allegation that the petitioner was laid up en 23-9-1987 is denied. It is also pointed out that the respondent's counsel raised specific objection in the open Court that the petitioner should be examined as the first witness and if not be should not be allowed to be examined at a later stage