H.S. Thakur, J.—The petitioner has filed this election petition praying that the election of the respondent to the Himachal Pradesh Legislative Assembly from 64-Gopalpur constituency be declared as void.

2. A few facts relevant for the decision of this election petition may be stated. It is pointed out in the election petition that a notification dated April 16, 1982 was issued by the Governor of Himachal Pradesh calling upon all Assembly Constituencies of Himachal Pradesh to elect members to represent them in the Himachal Pradesh Legislative Assembly and the Election Commissioner issued a programme of election for that purpose on the same day. The election programme was notified and after the date of withdrawal of names, the petitioner, respondent and some others were left in the field. The petitioner as also the respondent had tiled their nomination papers on April 20, 1982. The polling took place on May 19, 1982 and the votes were counted on May 21, 1982. Since the respondent secured more votes, he was declared elected by the Returning Officer on that day.

3. It is stated in the election petition that the respondent was a member of Himachal Pradesh Vidhan Sabha from June