M.R. Verma, J.:- This petition under Sections 80, 81 read with Section 100 of the Representation of People Act, 1951, has been filed by the petitioner praying for declaring the election of the respondent to the Himachal Pradesh Vidhan Sabha from 35-Gangath (SC) Assembly Constituency, as void and to set aside the same.

2. Case of the petitioner as made out in the petition is that election to the Himachal Pradesh Vidhan Sabha were held on 26th February, 2003, as^ per the notification issued by the Election Commission. Various nomination papers were fried by the candidates including*the petitioner, who was set up1 by-the Bhartiya Janta Party, and the respondent, who was sponsored by the Indian National Congress, to contest elections from 35-Gangath Assembly Constituency, which was reserved for the Scheduled Caste. After scrutiny and withdrawal of nomination papers, seven candidates remained in the field. After polling and counting the result was declared on 1st March, 2003 and the respondent was declared elected. The respondent filed his nomination paper by making wrong declaration that he is-a member of Lohar caste which is a Scheduled Caste in the»State of-Himachal Pradesh a