On the following day, the 21st, the appellant made an application asking that the ex parte proceedings be set aside and asking that he be allowed to cross examine those of Bhurey Lals witnesses whose evidence had already been recorded.
Three more witnesses were then examined.
Appeal under Article 133 1 c of the Constitution of India from the Judgment and Order dated the 17th July 1953 of the, High Court of Rajasthan Bapna and Ranawat JJ.
On the 20th one of the appellants three companynsel, Mr, Bharat Raj, appeared but was number allowed to take any part in the proceedings because the Tribunal said that it was proceeding ex parte at that stage.
The appellant thereupon filed a writ petition under article 226 of the Constitution in the High Court of Rajasthan and further proceedings before the Tribunal were stayed.
The question was settled by a Bench of seven Judges of this Court in Hari Vishnu v. Ahmad Ishaque 1 in these terms Certiorari will also be issued when the Court or Tribunal acts illegally in the exercise of its undoubted jurisdiction, as when it decides without giving an op portunity to the parties to be heard, or violates the principles of natural justice.
128 of 1953.
The Tribunal examined Bhurey Lal and two witnesses on the 17th, five more witnesses on the 18th and on the 19th the case was adjourned till the 20th.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
March 22.
C. Prasad, for S. L. Chhibber, for respondent No.
On the 17th the appellant did number appear number did any of the three companynsel whom he had engaged, so the Tribunal proceeded ex parte after waiting till 1 15 P.m.
in Civil Writ Application No.
The Judgment of the Court was delivered by BOSE J. The second respondent Bhurey Lal filed an election petition under section 100 of the Representation of the People Act against the appellant Sangram Singh and two others for setting aside Sangram Singhs election.
K. Rastogi and Ganpat Rai, for the appellant.
214 of 1954.
The proceedings companymenced at Kotah and after some hearings the Tribunal made an order on 11 12 1952 that the further sittings would be at Udaipur from the 16th to the 21st March, 1953.
It was discovered later that the 16th was a public holiday, so on 5 1 1953 the dates were changed to from the 17th March onwards and the parties were duly numberified.
