Hon’ble Ran Vijai Singh, J.—Heard Sri Rahul Agarwal, learned counsel for the petitioner and Sri Ajai Vikram Yadav, learned counsel appearing for respondent No. 2.

2. By means of this writ petition, prayer has been made to issue a writ of certiorari quashing the order dated 16.12.2015 passed by the Additional District Judge/Special Judge (E.C. Act,) Mainpuri, in Election Petition No. 04 of 2012 (Smt. Manju Lata v. Smt. Bandana Devi and others) by which the petitioner’s application No. 119Ga2, to recall the order dated 11.10.2013, by which the direction has been issued to proceed ex parte, has been rejected.

3. While assailing the impugned order, Sri Agarwal, submits that the notice issued by the election tribunal was never served upon the petitioner and once an application has been filed with the assertion that the notice was never served upon the applicant, who was impleaded as defendant No. 6 in the election petition, it was incumbent upon the Tribunal to record a definite finding regarding service of notice.

4. Sri Yadav, who appears for the respondent No. 2, submits that in view of the provisions contained under Sub-Section (b) of Section 23 of the U.P. Municipalties Act