N HORANGSE Vs. M TSUBONGSE

JUDGEMENT

(1.) This appeal by the respondent in Election Petition No. 3 of 1983 on the file of Gauhati High Court is directed against the judgment of a learned single Judge. allowing the election petition and setting aside the election of the appellant Horangse from the Longkhim-Chre constituency of the, Nagaland Legislative Assembly on the ground of corrupt practice namely presentation of four red waist-coats to three Gaon Burahs and one Barik of Lirise village on 27-10-1982 to induce them to cast their votes in his favour.

(2.) The respondent/ election petitioner. M. Tsubongse who contested as it Congress (1) candidate lost to the appellant who contested its a Naga National Democratic Party candidate (for short 'NNDP) by a margin of 133 votes in the election held on 10-11-1982. He filed his election petition seeking the appellant's election to be set aside on the ground that he was guilty of four instances of corrupt practice falling under S. 123(1) of the Representation of the People Act. 1951 (for short 'the Act') and on three other grounds, namely:(1) display of a banner with the caption "Do not sell Nagaland to India", a corrupt practice within the meaning of S. 123(3 A) of the Act; (2) exceeding the limit of expenditure amounting to corrupt practice within the meaning of S. 123(6) of the Act and (3) use of government vehicles for the purpose of the election. The learned single Judge, who tried the election .petition, found only one of the aforesaid grounds of corrupt practice. namely, presentation of four red waist coats proved and the other grounds not proved and he allowed the election petition and set aside the appellant's election on that ground. It is, therefore. necessary to set out the case of the parties briefly in regard to this single ground.

(3.) The result of the election held on 10-11-1982wasannounced on the day of counting 12-11-1982 by the Returning Officer, Tuesung. The respondent had secured 3082 valid votes while the appellant, who was the Deputy, Speaker of the last Legislative Assembly of Nagaland had secured 3215 valid votes and was declared elected by a majority of 133 votes. The respondent alleged in the election petition that the appellant gave four red waist coats to 'the voters Lisechem. P. W. 11, Lihrongse, P. W. 12, Murimong, P. W. 13 and Lithsaba at 4.00 p.m. on 27-10-1982 for inducing them to cast their votes in his favour in the presence of B. Tsarise, P. W 14 and Tselongse. .P. W. 15 of Lirise village who witnesses the offer and reported the matter later to the respondent.