1. The writ petitioner is the elected member, of the Kerala Legislature from the Tellicherry Constituency, in the elections held in the State on 1st February 1960. The votes polled in favour of the petitioner were 28,380 and in favour of the 1st respondent, the defeated candidate, 28,357. It will be seen that the 1st respondent lost by 23 votes and in consequence, the 1st respondent was declared to have lost the election by a margin of 23 votes.

2. The 1st respondent has filed an Election Petition No. 9/60 challenging the election of the writ petitioner and it is pending enquiry and adjudication by the election Tribunal, Tellicherry.

3. In the said Election Petition, the 1st respondent prays for a declaration that the election of the writ petitioner from the Tellicherry Constituency, is void and also asks for a further declaration that the 1st respondent has been duly elected from the Tellicherry Constituency.

4. Several allegations have been made in the Election Petition about various irregularities and illegalities. In brief, the case of the 1st respondent is that he has in fact, secured a majority of valid votes so as to entitle him to get the seat in the Assembly.

5. Th