Judgment

Dr. A.S. Anand, CJI.-This appeal by special leave is directed against an order dated 18th September, 1996 passed by a learned Single Judge of the High Court of Kerala rejecting the application made by the appellant herein seeking dismissal of Election Petition No. 8 of 1996 on various grounds. The brief facts are:

2. The appellant (returned candidate) was elected to the Kerala State Legislative Assembly from Priavom Constituency No. 79. While the appellant had secured 51873 votes, respondent No. 1 (election peti­tioner) had received 44165 votes. After the result of the election was declared, the first respondent filed Election Petition No. 8 of 1996 challenging the election of the appellant alleging that the election of the appellant stood vitiated by commission of various corrupt practices, as detailed in the Election Petition. The Election Petition was resisted by the appellant and on 29.7.1996 the appellant filed his written objections. Various objections were raised but for the purpose of this appeal we are concerned with the objection raised in paragraph 39 of the written objections to the effect that Annexure XV supplied to the appellant was not a true copy of Annexur