P.T. Raman Nayar, J.

1. This is an appeal under S.116A of the Representation of the People Act, 1951, for short, the Act of 1951. The appellant was the respondent before the Tribunal, and, to save confusion, we shall hereafter refer to him as he is referred to in the order of the Tribunal, namely, as the respondent, and to the respondent here, who was the petitioner before the Tribunal, as the petitioner.

2. At the last general election to the State Assembly, the petitioner, an independent candidate supported by the Communist Party, and the respondent, a Congress-man supported by the Congress, the P. S. P. and the Muslim League (compendiously known as the United Front) were the contestants from the Tellicherry Constituency. The poll was on the 1st February 1960, and, on the following day, the Returning Officer declared the respondent duly elected by a majority of 23 votes, as having secured 28,380 votes against the petitioner's 28,357 votes. On the 15th March 1960, the petitioner instituted the present petition claiming a declaration that the election of the respondent was void and claiming the further declaration that he himself had been duly elected.

3. The grounds alleged (