BAPNA, J.—This is a petition under Art. 226 of the Constitution of India and has arisen in the following circumstances:—

2. The petitioner Sangramsingh was elected as a member of the Legislative Assembly and the opposite party Shri Bhureylal challenged the election by a petition which is No. 297 of 1952. The Election Tribunal had its sittings at Kotah. After certain proceedings had been gone through an order was recorded by the Election Tribunal on 11th December, 1952, that that further sittings of the Election Tribunal will take place at Udaipur from 16th to 21st March, 1953. On 5th January, 1953, it was discovered that 16th March, 1953, was a public holiday and an order was recorded that the sittings will take place at Udaipur from 17th March, 1953, and onwards. Mr. Tridevi who appeared for the petitioner Sangramsingh before the Election Tribunal on these dates had notices of the hearing from 17th March, at Udaipur. On the 17th of March, 1953, the petitioner and his counsel did not appear before the Tribunal and an order was recorded for further proceedings to be taken ex parte. An application was submitted before the Tribunal for sitting aside the order to proceed ex parte but th

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