JUDGMENT

S.B. Sinha, J.-Leave granted in S.L.P. (C) No. 15350/2003.

2. This appeal under Section 116-A of the Representation of People Act, 1951, arises out of a Judgment and order dated 29th October, 2002 passed by the High Court of Kerala at Ernakulam in Election Petition No. 7 of 2001 whereby and whereunder the election petition filed by the appellant herein was dismissed.

Factual Background :

3. The parties herein contested the election from 123 Kundara Legislative Assembly Constituency. The respondent got 50,875 votes, whereas the appellant obtained 46,408 votes. The respondent was declared to be elected by the returning officer of the said Constituency on 13th May, 2001. The appellant in his Election Petition inter-alia contended that the respondent had taken recourse to "corrupt practices" within the meaning of Section 123 of the Representation of People Act, 1951 insofar as a pamphlet was brought out with an intent to promote feelings of enmity and hatred amongst the voters belonging to Ezhava caste and communal feelings, which was raised thereby, became a major factor resulting in the split of votes of the people of the said community. The appellant contended that had such pam