Modi, J.— This is an application for writ by Sajjan Singh and Maharaval Laxman Singh under Art. 226 of the Constitution and arises under the following circumstances.

2. The petitioners were respectively a voter and a candidate in and from the Aspur Assembly constituency in this State at the general election held in early 1957. Opposite parsy No.1 Bhogilal was declared to have been duly elected as a member from the Aspur constituency to the legislative Assembly of the State as a result of the said election. Sajjan Singh filed an election petition on the 23rd April, 1957, before the Election Commission, praying that the election of Bhogilal Pandya be set aside and that the petitioner No. 2 Maharaval Laxmansingh the, rival contesting candidate be declared as duly elected from the said constituency. Sumairnath Gurtu, District and Session Judge Udaipur, was appointed by the Election Commission as a Tribunal to try his election petition in July, 1957. The Commission fixed the 23rd July, 1957, as the date for the parties to appear before the Tribunal and ordered notices to be issued accordingly. On the 12th August, 1957. Bhogilal Pandya filed a recriminatory petition under Sec. 97 of the R

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