V. D. Misra, C. J.—The petitioner, who is a Principal of a Government Higher Secondary School, challenges his transfer from Subathu to Arki on the ground of mala fides.

2. The petitioner joined Higher Secondary School, Subathu, on 24th November, 1977. His wife Devi Rani Sharma, is also working as a Headmistress of Government Girls High School Subathu. It is alleged that the petitioner has been transferred not on the administrative ground and public interest but in order to adjust Shri L. D. Sharma, Respondent No. 4, Principal Government Higher Secondary School, Arki, at the instance of Shri Chaman Lal, M. L. A., respondent No. 5. It is stated that Subathu falls in the constituency represented by Shri Chaman Lal.

3. Shri Chaman Lal was elected in the 1977 elections on the Janta Party ticket from Kasauli Assembly constituency which includes Subathu. In 1980 he defected and joined Congress (I). He was thereafter appointed Chairman of the Himachal Pradesh State Small Industries and Export Corporation Ltd. Previously, when the Janta Party was in power in this State, he was the Parliamentary Secretary.

4. Shri L. D. Sharma, respondent No. 4, is a cousin of one Paras Ram of village