JUDGMENT

FAIZAN UDDIN, J.-

This appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as the Act) has been directed against the judgment of the High Court of Kerala dismissing the election petition of the appellant whereby he had challenged the election of Respondent 1 as a member of Kerala Legislative Assembly from Constituency No. 104 Kayamkulam, and for a further declaration that the appellant was duly elected for the said seat for which the election was held on 12-6-1991 and the result of which was declared on 16-6-1991.

2. In all there were eight candidates in the field i.e. the appellant and Respondents 1 to 7 who contested the said election for the Legislative Assembly seat from 104 Kayamkulam Constituency. The appellant was a candidate fielded by the Communist Party of India (Marxist). Respondent 1 herein was the candidate sponsored by the Indian National Congress which was a constituent party of the United Democratic Front. The total number of votes polled in the said election were 97,969 out of which 1375 were rejected as invalid votes and 96,594 votes were received as valid votes. At the end of the final counting which took place