( 1 ) THIS petition under Article 226 of the Constitution seeks a writ or prohibition against the Election Tribunal, Ujjain, in a matter of the trial of Election Petition No. 101 of 1957, which was dismissed on 10-9-1957 in default of the appearance of the petitioner before the Tribunal but was restored four days later. The petitioner also seeks a writ, of certiorari quashing the order of restsration passed on 14-91957.

( 2 ) THE facts of the case are simple. This case was made over to Shri Manzarali razvi, who was appointed Election Tribunal, Ujjain, by the Election Commission. The case was listed for 10-9-1957 for hearing and was dismissed at 12-10 P. M. in default of the presence of the present respondent No. 1 or his counsel. It appears that an application for restoration supported by an affidavit was made by the counsel for respondent No. 1 on the same day at 12-30 P. M. In the affidavit it was stated by Shri B. R. Nahata, counsel for respondent No. 1, that respondent No. 1 having lost his mother-in-law asked the counsel to attend the hearing at Ujjain, that Shri Nahata left Mandsaur and reached Badnawar, when the car in which he was travelling started to give trouble, and tha

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