BHARATHAN Vs. K SUDHAKARAN

JUDGEMENT

(1.) 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 consistuency. The election was held on 12th June, 1991. There were only three candidates in the field. The appellant has polled 54965 votes and the first respondent has 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:

(3.) In support of this ground the first respondent (Election Petitioner) has examined as many as 322 witnesses and filed Exhibits numbering about 1293. In the light of the oral and documentary evidence, the learned Judge initially rendered an interim judgment on 10-8-1992 giving a finding as follows: