REGENT COMPUTRONICS PVT. LTD.

RAINBOW EZUNG Appellant

V/S

MHAO LOTHA Respondents

Referred Judgements :-

RAGHUNATH MISRA V. KISHORE CHANDRA [REFERRED TO]
M. CHENNA REDDY V. V.R. RAO [REFERRED TO]
1981,ELECTION PETN. NO.2 OF 1980,D/-3-4-1981 (GAU) [REFERRED TO]
MAGRAJPATODIA VS. R K BIRLA [REFERRED TO]
N ANGAMI VS. RAVOLUEU [REFERRED TO]
RAHIM KHAN VS. KHURSHID AHMED [REFERRED TO]
ABDUL HUSSAIN MIR VS. SHAMSUL HUDA [REFERRED TO]
RAZIK RAM VS. JASWANT SINGH CHOUHAN [REFERRED TO]
OM PRABHA JAIN VS. CHARAN DASS [REFERRED TO]
NIZAMUDDIN AHMED VS. NARBADA PRASAD [REFERRED TO]
INDIRA NEHRU GANDHI SHRI RAJ NARAIN VS. RAJ NARAIN INDIRA NEHRU GANDHI [REFERRED TO]
D VENKATA REDDY VS. R SULTAN [REFERRED TO]
KANHAIYALAL VS. MANNALAL [REFERRED TO]
M NARAYANA RAO G VENKATA REDDY VS. G VENKATA REDDY:M NARAYANA RAO [REFERRED TO]
NONOTHOMBAM IBOMCHA SINGH VS. LEISANGTHEM CHANDRAMANI SINGH [REFERRED TO]
RAMJI PRASAD SINGH VS. RAM BILAS IHA [REFERRED TO]
AMOLAKCHAND CHHAZED VS. BHAGWANDAS ARYA [REFERRED TO]
LAKSHMI RAMAN ACHARYA VS. CHANDAN SINGH [REFERRED TO]
NARENDRA MADIVALAPA KHENI VS. MANIKRAO PATIL [REFERRED TO]
RAMANBHAI NAGJIBHAI PATEL VS. JASHVANTSINGH UDESINGH [REFERRED TO]
K M MANI JOSEPH THOMAS VS. P J ANTONY:P J ANTONY [REFERRED TO]
N G ZELIANG VS. AJU NEWMAI [REFERRED TO]
DAULAT RAM CHAUHAN VS. ANAND SHARMA [REFERRED TO]

JUDGEMENT

(1.) candidates were in the fray in this election from No. 38-W0kha Assembly Constituency in the State of Nagaland. The petitioner was a candidate of Congress(I), whereas respondent No.1 (the respondent, hereinafter) had contested as a Naga National Democratic Party (NNDP) candidate. The two others, namely, Pankathung and Khyochamo, were independent candidates. In the battle of hustings, which had taken place on 10-11-82, the respondent having secured 2693 out of 7918 valid votes was declared as elected. The nearest rival was the petitioner who had to his credit 2575 votes. The difference was thus of 118 votes.

(2.) The election of the respondent was challenged on various grounds in this petition. There were allegations, inter alia, of (a) improper acceptance of the nomination paper of the respondent:(b) irregularity in issuing of postal ballots; (c) some irregularity in counting, and (d) canvassing against election law. The main attack is, however, on the commission of various corrupt practices. A number of issues were framed on the basis of the pleadings of the parties. Of these, the following only were ultimately pressed:-

(3.) Before the evidence on the aforesaid issues, all of which are related to corrupt practices, is examined, it will be apposite to inform ourselves with the law relating to burden of proof etc. in this regard. As both the sides broadly accepted the following principles mentioned by me in Bakin Pertin v. Sobeng Jayeng (Election Petn. No. 2 of 1980 disposed of on 3-4-81), which were culled from the decisions of the Apex Court, I would rest contest by stating those. These are:

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RAINBOW EZUNG Vs. MHAO LOTHA

Referred Judgements :-

JUDGEMENT

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