JUDGMENT

GUPTA, J. :—This is an appeal under Section 116-A of the Representation of the People Act, 1951.

2. The election of the appellant to Lok Sabha from the Manjeri Parliamentary constituency in Kerala was declared void by the High Court of Kerala at Ernakulam on an election petition presented on May 3, 1977 by the first respondent who was an elector in that constituency on the ground that the returned candidate was guilty of corrupt practice mentioned in sub-section (3A) of Section 123 of the Act. The appellant was a candidate of the Muslim League, the second respondent before us contested the election as a nominee of a dissident group of the Muslim League described as "Muslim League (Opposition)" supported by, as stated in the election petition, "Janata Party and Marxist Party".

3. Section 123 (3A) reads :

"123. Corrupt practices. - The following shall be deemed to be corrupt practices for the purposes of this Act :-

x x x

(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candi