1. First respondent P.K. Basheer was declared elected to 034 Eranad Legislative Assembly Constituency in the election held on April 13, 2011. He was the candidate of Indian Union Muslim League with the election symbol 'ladder'. He was supported by the United Democratic front Indian National Congress and Indian Union Muslim League and similar parties constituting the United Democratic Front. Petitioner was an independent candidate who contested the election with the symbol 'baloon'. Second respondent was the candidate of Communist Party of India supported by the Left Democratic Front. Third respondent was the candidate of Bharathiya Janatha Party. Respondent No.4 was one of the candidates. Though respondents 5 to 7 had filed their nominations, they had withdrawn their candidature before the last date for withdrawal of nomination papers. Sixth respondent, in addition was also the Chief Election Agent of the first respondent. First respondent who secured 58,698 votes as against 47452 votes secured by the petitioner was declared elected by a majority of 11246 votes. Election Petition is filed to declare the election of the first respondent void and to set it aside under section 100(1) (b) read with section 123(2)(ii) and (4) of Representation of People Act, (hereinafter referred to as the R.P.Act) and also to declare the petitioner as the duly elected candidate from 034 Eranad Assembly Constituency.2. The pleadings in the Election Petition in brief are as follows:-The polling was held on 13.4.2011. On 12.4.2011 Palliparamban Aboobacker, (who was examined as PW4) a member of the Constituency Committee of the UDF and the Convenor of Kizhakkechathalloor Ward Committee of the UDF who was actively involved in the election propaganda of the first respondent as his agent got printed in the District Panchayat Press, Kondotty, at least twenty five thousand copies of Ext.P1 leaflet in Malayalam with the headline "P.P.Manafinte Rakthasakshidhinam- Nam Marakkathirukkuka -April 13" (Martyr Day of P P Manaf- let us not forget April 13). In that leaflet petitioner is described as son of P.V.Shaukath Ali President of Edavanna Panchayat. It is alleged that petitioner gave leadership to commit the murder of Manaf in cinema style. Name of the petitioner is specifically mentioned by highlighting it within a black circle. Allegation is made that under the leadership of petitioner Manaf was murdered. In another part of the leaflet name of the petitioner is shown in square with black border. The leaflet shows excerpts from newspaper report of 1995 highlighting comments in big letters which are deliberate contribution of the publishers. It was done to expose the petitioner as the murderer by intentionally concealing the fact that he was honourably acquitted by the court. In addition there is an appeal to the voters reminding that whoever indirectly helps a person who kills a believer, will be an object of divine displeasure and spiritual censure which amounts to inducing or attempting to induce the electors to believe that petitioner or any person to whom he is interested will be rendered an object of divine displeasure. It is corrupt practice of undue influence under section 123(2)(a)(ii) falling within section 123(4) of the Act. PW4 Palliparamban Aboobacker got the leaflet printed in the District Panchayat Press, Kondotty. V. Hamza was the General Manager of the Press who helped in getting the leaflet printed. Hamza was the official account agent of the first respondent for the election. Though the publication is styled in the name "Kudumba Souhrida Samithi" it was got printed by PW4 Palliparamban Aboobacker and the said Hamza. Both Aboobacker and Hamza are agents of the first respondent who actively participated in the election campaign. The printing and publication and distribution of Ext.P1 leaflet was made with the consent and knowledge of the first respondent.It is gathered from P.V. Musthafa, a worker of the petitioner that the expenses