Judgment

Rajendra Babu, J.-Elections were held on April 27, 1996 to the Kerala Legislative Assembly. The appellant and respondents Nos. 1 to 19 contested in the said election from Kunnathunadu No. 78 Assembly Constituency. Counting took place on May 8 and 9, 1996. Appellant secured 49,974 votes, while respondent No. 1 secured 50,034 votes. Thus respondent No. 1 was declared elected by a margin of 60 votes. Before the declaration of the result the appellant made an application for recount on several grounds. The Returning Officer rejected the said application. The appellant filed another application styled as “Review Application” which was also rejected. The appellant, thereaf­ter, filed an Election Petition before the High Court of Kerala. The High Court dismissed the said Election Petition. Hence, this appeal.

2. The principal allegations raised by the appellant in the Election Petition are as follows :-

(i) Votes cast by 36 persons (a list of names and other particulars of the said 36 persons was produced as Annexure-5 to the election petition) voted twice in either the same Constituency of Kunnathunadu or other constituencies. The votes cast by them are void un