1. Petitioner was elected as Member of Jila Panchayat Hoshangabad. Respondent No.1 filed an election petition under section 122 of M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993. During the trial, chief examination of the election petitioner was recorded in the Court of Additional Commissioner, Hoshangabad/Bhopal on 20.4.2007. Time for cross-examination was sought on behalf of respondent No.1. Learned Additional Commissioner fixed the case for 4.5.2007 and directed both the parties to remain present for cross-examination on the next date, i.e. 4th May, 2007. Presence of other witnesses was also directed.

2. Case of the petitioner is that he on 20.4.2007 submitted an application under Order 6 rule 17 CPC. Learned Additional Commissioner entertaining the election petition did not pass any order on the said application on 20.4.2007. Aggrieved by it, petitioner preferred WP No.5607/2007 before this Court wherein this Court on 16.5.2007 directed the prescribed authority to decide the petitioner's application under Order 6 rule 17 CPC and thereafter to proceed with the matter. Copy of this order is on record as Annexure P-1. Petitioner further alleged that later on he came to