JUDGMENT

C.K. Thakker, J.—This appeal is filed by the appellant against the judgment and order dated December 20, 2004 passed by the High Court of Himachal Pradesh, Shimla in Election Petition No. 2 of 2003. By the said order, the High Court upheld the preliminary objection raised by the first respondent that the Election Petition did not disclose material facts and was liable to be dismissed.

2. The case of the appellant is that the Election Commission of India notified the programme for the elections to the Legislative Assembly in the State of Himachal Pradesh scheduled to be held in February, 2003. As per the said notification, the last date of filing of nomination papers was February 7, 2003, scrutiny - February 8, 2003, date of withdrawal – February 10, 2003, date of polling – February 26, 2003 and of counting of votes – March 1, 2003. According to the appellant, he submitted his nomination paper as a candidate of Indian National Congress Party on February 26, 2003 from 32 Una Assembly Constituency. Respondent No. 1 was set up by Bhartiya Janata Party and contested the election from the said constituency. At the counting, according to the appellant, he secured 27,600 votes w