D.B. Lal, J. - (1.) Narboo Ram, an elector in the Lahaul and Spiti Assembly Constituency of the State of Himachal Pradesh, has filed this election petition within the provisions of the Representation of People Act, 1951 (hereinafter to be referred as the Act), wherein he has challenged the election in favour of Lata Thakur (Respondent No. 1) who has been declared successful against Devi Singh (Respondent No. 2), having secured a margin of 1074 votes over him. The election took place on 4 -6 -1972 and the result was declared on 9 -6 -1972. There was a straight contest between Devi Singh and Lata Thakur. One Hira Nand had also filed his nomination paper which he had subsequently withdrawn, according to Petitioner, due to the gratification which he received from Lata Thakur.
(2.) According to Petitioner, Lata Thakur was not a member of the Scheduled Tribes and as such was not qualified to contest as a candidate. Apart from this, she also committed several corrupt practices of which particulars have been given in the petition. It is stated that she incurred unauthorised expenditure which for exceeded the limit of Rs. 5,000/ -, although in her election expenses she has shown only Rs. 1,095/ - as the amount spent by her. According to Petitioner a procession of more than 200 persons was taken by Lata Thakur between the dates 29 -5 -1972 and 1 -6 -1972 from Keylong to Udaipur and the members of the procession were entertained at villages Shansha, Thirot, Tozing and Udaipur. They were offered tea and cigarettes, and regular "langars" were opened. Lata Thakur is stated to have spent more than Rs. 5,000/ - for all this.
(3.) In this connection it is further stated that Lata Thakur employed vehicles and spent Rs. 4,000/ - for the charges of such vehicles. She also employed workers and made payments. In this manner she committed an act of corrupt practice under Sec. 123(6) of the Act for having incurred or authorised expenditure in contravention of Sec. 77.;