Judgement

FAZAL ALI J:- This election appeal is directed against the order of the High Court of Kearla dated 19th Dec., 1977 by which the election of the appellant Haji C. H. Mohammad Koya has been set aside and he has been disqualified from taking part in the elections for a period of six years under the provisions of the Representation of the People Act, 1951 (hereinafter called the Act).

2. For the purpose of brevity we shall refer to the respondent-petitioner as the petitioner and Haji C. H. Mohammad Koya as the appellant.

3. In the general election held to the Legislative Assembly of Kerala on 20th March, 1977 the petitioner and the appellant were the contesting candidates from No. 34 Malappuram Constituency. The counting of votes took place on the 20th March, 1977 and the appellant was declared elected on the same date. The total votes polled were 56,276. The appellant secured 39,362 votes and thus defeated the petitioner by a margin of 20,000 votes. Aggrieved by the election results, the petitioner filed an election petition in the High Court alleging that the appellant had committed various corrupt practices falling within the ambit of S. 123 (3), (3A) and (4) of the Act. It w