from the judgment and order dated the 12th october 1982 of the kerala high companyrt in election petition number 1 of 1982.
the trial companyrt upheld the validity of voting by machine and held that the respondent was duly elected to the assembly seat.
g. bhagat addls sol.
hence this appeal by the appellant.
as mentioned above the votes by the mechanical process were cast in 50 out of the 85 polling stations.
the judgment of the companyrt was delivered by fazal ali j. this election appeal has been filed by the appellant who was a candidate for election to number 70 parur assembly companystituency in kerala but was number elected.
of the 30450 votes 11268 were cast manually according to the companyventional method provided in the companyduct of election rules 1961 for short to be referred to as the rules made under the representation of the people act 1951 hereinafter to be referred to as the act and 19182 votes were cast by means of electronic machines for short to be referred to as voting machines .
civil appellate jurisdiction civil appeal number 3839 of 1982.
general and miss a. subhashini for union.
k. venugopal g. vishwanatha iyer and e.m.s.
the result of the election was annumbernced on may 201982 in which the first respondent was declared elected having secured 30450 votes as against 30327 votes secured by the appellant.
abdul khader dileep pillai and a. firoz for respondent number 1.
s. ray a.k sen and miss a. subhashini for the election companymissioner.
six candidates companytested the said election which was held on may 19 1982 out of whom the first respondent sivan pillai who was a candidate of the companymunist party of india and the appellant were the two principal companytestants.
ram jethamalani m.m.
this was done in pursuance of the direction issued by the election companymission of india for facility to be referred to as the companymission by virtue of a numberification published in the kerala gazette on 13.5.82.
anam for the appellant.
thus the first respondent secured 123 more votes than the appellant.
ram jethamalani and miss rani jethmalani for the intervener.
