Judgment

MISRA, J. :- The present appeal by special leave is directed against the judgment of the learned Single Judge of the High Court of Himachal Pradesh at Simla dated 11th October, 1984 declaring the election of the appellant as void under section 100(1)(b) of the Representation of the People Act 1951 (hereinafter referred to as the Act).

2. Pursuant to a Notification dated 17th of April, 1982 under sub-section (2) of section 15 of the Act calling upon all the assembly constituencies in the State to elect members of the Legislative Assembly in accordance with the Act and the rules framed therein, a number of persons filed their nomination papers from 46 Nagrota Constituency. After scrutiny there remained only 4 contestants in the field. The appellant Shri Ram Chand Bhatia was sponsored by Bhartiya Janata Party, Shri Hardyal the respondent was the official nominee of Congress (1) Party, Shri Kanshi Ram was a Janata Party candidate and Shri Vidhi Chand was the official nominee of the Communist Party of India. The appellant was declared elected to the Himachal Pradesh Legislative Assembly by a margin of 3364 votes. Shri Hardyal the respondent was the next rival candidate. Shri Kans