The petitioner prays for a declaration that the election of the 1st respondent to the Kerala Legislative Assembly from No. 70 Parur Assembly Constituency was void, and that the petitioner has been duly elected from the said constituency.

2. Six candidates contested the election on 19-5-1982 from No. 70 Parur L. A. Constituency. The 1st respondent who was a candidate of the Communist Party of India and the petitioner, a candidate of the Congress (A), were the two principal contestants. The result of the election was announced on 20-5-1982. The 1st respondent secured 30450 votes while the petitioner secured only 30327 votes. The 1st respondent thus secured 123 votes more than the total votes secured by the petitioner. Of the 30450 votes secured by the 1st respondent, only 11268 votes had been manually cast in the conventional manner - (hereinafter referred to as "conventional votes") -in accordance with the Representation of the People Act, 1951 (the 'Act') and the Conduct of Election Rules, 1961 (the 'Rules'). The remaining 19182 votes were cast by means of electronic voting machines (for short, 'voting machines') in accordance with the directions issued by the Election Commission of India (the'Commission') in their Notification No. 3/5/82 (KL) dated 11-5-1982 (the 'notification') published in the Kerala Gazette Extraordinary dated 13-5-1982. (I shall call such votes 'machine votes'). In the case of the petitioner, on the other hand, of the 30327 votes secured by him. 13446 votes were conventional votes while the remaining 16881 votes were machine votes. These figures show that while the 1st respondent secured 2301 machine votes in excess of such votes secured by the petitioner, the petitioner secured 2178 conventional votes in excess of such votes secured by the 1st respondent.

3. The Commission made certain directions in its notification purportedly in exercise of the powers vested in it under Article 324 of the Constitution. The notification says:

"Whereas the superintendence, direction and control of all elections to Parliament and State Legislatures are vested in the Election Commission under article 324 of the Constitution;

And whereas the Election Commission, having regard to the tremendous advancement in, and potentialities of, technological development in the country, has been making endeavours to make the electoral system more scientific, simplified, speedier and foolproof;

And whereas in its aforesaid endeavours the Election Commission has decided to introduce electronic voting machines (hereafter referred to as 'Voting Machines') for conduct of poll in elections from Parliamentary and Assembly constituencies;

And whereas the Election Commission has approved the design of such voting machines manufactured by the Bharat Electronics Ltd., Bangalore and Electronics Corporation of India, Hyderabad;

And whereas the Election Commission has further decided to try such voting machines, on an experimental basis, for the conduct of poll on the 19th May, 1982 at certain specified polling stations in 70 - Parur Assembly Constituency in the State of Kerala at the general election to the State Legislative Assembly now being in process in pursuance of the notification dated the 17th April, 1982 of the Governor of Kerala;

And whereas the Election Commission is satisfied that by the introduction of voting machines in specified polling stations the essential requirements connected with the marking system of voting as envisaged under the Conduct of Elections Rules, 1961 have been kept in to avoid any substantial departure;

And whereas the Representation of the People Act, 1951 and the rules made thereunder do not so far provide for the conduct of poll and counting of votes by use of voting machines;

And whereas the Election Commission is empowered to exercise powers under article 324 of the Constitution on its own right, in an area not covered by the Acts and the rules;

Now, therefore, in exercise of powers conferred by article 324 of