Judgment

PUNCHHI, J. Two principles of election law stand, as always, in competition; one being "purity of elections" and the other being "secrecy of ballot". On the basis of the former, the Kerala High Court has upset the election of the appellant herein. Challenge to the order of the High Court is on the anvil of the latter principle.

2. The appellant and the first respondent were contesting candidates for the Kovalam Assembly Seat No. 138 in the State of Kerala. The appellant was a Janata Dal supported candidate, and the first respondent was the sponsored candidate of the Indian National Congress (I). Candidates of other political parties though being in the fray get no significance insofar as the present matter is concerned. Polling took place on 12-6-1991. Counting took place on 16-6-1991. The Assistant Returning Officer who supervised the counting announced the number of votes polled by the appellant as 49,516 and the first respondent as 49,500. There was a demand of re-count which was conceded to by the Assistant Returning Officer. The final result thereafter showed that the appellant had received 49,515 votes and the first respondent 49,494 votes. Since the appellant had obta