ZENEISIILE ATE LOUCII Vs. NEIPHREZO KEDITSU

JUDGEMENT

(1.) Heard Ms. B. Chowdhury, learned counsel appearing for the election petitioner. Also heard Mr. P. Khataniar, learned counsel representing the respondent.

(2.) By filing this election petition under sec. 80 read with sec. 80-A and 81 as well as the provisions of Part-VI of the Representation of People Act, 1951 (herein after referred to as the Act of 1951), the election petitioner has called in question, the election of the respondent, who was declared as the returned candidate in the bye-election of No. 11 Northern Angami-II Legislative Assembly Constituency, Nagland, held on 15/10/2014, on the ground of commission of corrupt practice of bribery within the meaning of sec. 123 (1)(A) (b) of the Act of 1951.

(3.) Through her pleadings in the election petition, the election petitioner has alleged two different instances of corrupt practices of bribery allegedly committed by the respondent. The first instance of corrupt practice, according to the election petitioner, was committed by Shri Peter Kuotsu at the Zhadima village by distributing money amounting to Rs.3000.00 per voter, on behalf of the respondent, amongst the voters of 13 clans demanding votes. The relevant pleadings pertaining to the corrupt practice of bribery allegedly committed by Shri Peter Kuotsu at the Zhadima village, have been furnished in paragraph 7 of the election petition, which is reproduced herein below for ready reference :-