1. Petitioner who contested in the Kerala State Legislative Assembly elections in the Vadakkekara Legislative Assembly Continuency challenges the election of the 4th respondent who has been declared elected by the Returning Officer. Respondents 2,3 and 5 to 8 are the candidates who contested the election unsuccessfully. First respondent is the Returning Officer.

2. The election was held on 23-3-1987. Petitioner was the candidate of the Indian National Congress (I) party. 4th respondent was the candidate of the Communist Party of India (Marxist). 6th respondent belonged to the Bharathiya Janata Party. Others contested as independents. The allegation in the petition is that most of the counting staff belonging to the N.G.O. Union affiliated to the CPI(M) intentionally manipulated the counting so as to inflate the number of votes in favour of the 4th respondent and to the detriment of the petitioner, that when the ballot boxes were taken up for counting the seal of the ballot box of Booth No. 16 was found to be tampered with, that the petitioner's Chief Election Agent raised objection and requested to prepare a mahazar regarding the tampered condition of the ballot box, and