The Chief Justice:-The petitioner filed a petition to set aside the election of the respondent to the Vellampalli Firka in the District Board of Guntur. The petition came up for hearing before the Election Commissioner on 21st March, 1950, when the respondent’s counsel prayed for time. His application for adjournment was, however, refused and the Election Commissioner went on with the enquiry and examined the witnesses tendered by the petitioner. On the evidence before him he passed an order setting aside the election of the respondent. Subsequently the respondent filed an application purporting to be under Order 9, rule 7 and section 151 of the Code of Civil Procedure; praying the Election Commissioner to set aside the order by which his election was set aside. The Election Commissioner found that the respondent had sufficient cause for not attending the hearing and allowed the application. The petitioner seeks to have this order quashed on the ground that the Election Commissioner had no jurisdiction to entertain an application under Order 9, rule 7 of the Code of Civil Procedure.

The question is whether this provision of the Code of Civil Procedure applies to the case of an elect

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