JUDGMENT

K. Venkataswami, J.-This appeal under Section 116A of the Representation of the People Act, 1951 (hereinafter referred to as "the Act") is preferred against the judgment and order in Election Petition No. 4 of 1991 of the Kerala High Court. The appellant was the elected candidate to Kerala legislative assembly from No.11, Edakkad constituency. The election was held on 12th June, 1991. There was only three candidates in the field. The appellant was polled 54965 votes and the 1st respondent was polled 54746 votes and the appellant having secured 219 votes more than the first respondent was declared as successful candidate. That declaration was challenged by the first respondent by filing an Election Petition as mentioned above.

2. The election of the appellant was challenged by the first respondent on a single ground at the trial on which alone evidence was let in and which found favour with the High Court could be stated by setting out ground (B) as given in the Election Petition :

"B. Similarly large number of other void votes have also been illegally cast and received at the time of the polling which took place on the 12th June, 1991 to the Edakkad Assembly Constituency. In