JUDGMENT

R.C. Lahoti, J.-Unsuccessful as a candidate and also as an election petitioner, the appellant is in appeal, exercising his statutory right of appeal under Section 116 A of the Representation of the People Act, 1951, (hereinafter the, Act , for short) against the decision of the High Court dismissing his election petition.

2. Elections for the Kerala Legislative Assembly Seat from No. 125 Eravipuram Legislative Assembly Constituency were held on 10.5.2001. There were five candidates in the fray including the appellant and the respondent No.1. The results were announced on 13-.5-2001. The candidates secured the votes as under:-

S.No. Candidate Votes secured

1. Appellant, Ahammed Kabeer 55617

2. Respondent No. 1, A.A. Azeez 55638

3. Respondent No. 2 11108

4. Respondent No. 4 531

5. Respondent No. 5 2756

3. The first respondent was declared elected defeating his nearest rival, the appellant, by a margin of 21 votes.

4. The p