( 1 ) THIS is a petition under Article 226 of the constitution against an order of the Election tribunal restoring an election petition which had been dismissed in default. The petitioner Vishwanath pd. was declared elected on the 27th of February, 1962. Respondents Nos. 2, 3 and 4, who claimed to be the electors filed an election petition before the Election Commission. This election petition was referred for trial to respondent No. 1 as the ELECTION Tribunal. Some preliminary issues were framed in the case and the Tribunal fixed 2nd of November, 1962 for decision of issues Nos. 17 (1) and 19. On the 2nd November, 1962, it was found necessary to record some evidence on those preliminary issues also. Accordingly the statement of Kamiakant was started and his examination-in-chief was concluded on that date. Thereafter it was postponed for the 16th of November, 1962 for cross-examination. On the 16th of November, 1952, when the case was called out, at 10-30 a. m. Kamiakant whose cross-examination had to be earned on did not appear, nor did the other applicants or their counsel appear. The tribunal accordingly dismissed the election petition by an order in the following w