JUDGMENT

R.C. Lahoti, J.-The general election to the Legislative Assembly of the State of Kerala was held on 27th April, 1996. The appellant, the respondent No.1 and the respondent No.2, contested election from No.99 Mararikulam Legislative Assembly Constituency (Alappuzha District). Counting took place on 8.5.1996 and continued upto the wee hours of 9.5.1996. The respondent No.1 was declared elected defeating his nearest rival candidate, the petitioner, by a margin of 1965 votes. The distribution of votes was as under:

Total number of electors 1,68,873

Total number of valid votes polled 1,38,452

Total number of rejected votes       2,107

Total number of tendered votes 14

Votes secured by candidates :-

1. V.S. Achuthanandan (appellant) 66337

2. Peter Markose (respondent No. 2) 3813

3. P.J. Francis (respondent No.1) 68302

2. On 22.6.1996 the appellant filed an election petition before the High