In the general election to the Kerala assembly held on 23-3-1987 ten candidates including once Mr. Cyriac John and respondents 1 to 3 contested for the No. 30 Sultan's battery seat. Real contest was between first respondent and Mr. Cyriac John. First respondent won by a margin of over 4,000 votes. Petitioner, an elector and the election agent of Mr. Cyriac John, seeks to declare the election of the first respondent void on various grounds. After the trial of the case started, at a time when the petitioner was partly examined as P.W. 1, first respondent wanted maintainability of the petition for want of cause of action to be heard preliminary and as agreed to on behalf of the petitioner also, the examination of P.W. 1 was suspended and the matter heard.

2. But at the time of argument the learned counsel for the petitioner took objection to the preliminary point being heard, seeking authority from the decision in Balwan Singh v. Lakshmi Narain, AIR 1960 SC 770. The argument was that after issues are settled and trial started there cannot be any question of deciding any preliminary point. I think the counsel has misunderstood the scope of that decision. That was a case dealing