90 on 1 february 1969 and one pralie peseyie paid that sum and took away the pink identity cards.
v. gupte s. k. ghose advocate general nagaland naunit lal a. r. barthakar r. c. chowdhury and b. k. dass for the appellant.
in cross examination the appellant was specifically asked whether the pink identity cards were produced before him with the bill.
he said that he paid rs.
the appellants evidence was that the press submitted the bill for the printing of the blue identity card and the payment was made by the appellant but he did number personally go and pay.
after that the man brought the pink identity card but he did number tell anything about the payment of such printing work and that is how the appellant did number account for them.
pralie peseyie further said that the words please vote for t. n. angami were number on the sample that the appellant gave but the witness added those words without the knumberledge of the appellant.
p. singh a. k. gupta v. j. francis and s. p. singh for a the respondent.
his answer was in the negative.
the person entrusted with the printing of the identity cards to go immediately to the printing press and get the cards reprinted companyrectly.
1000/ .
90/ by him to kohima printing press on 29 january 1969 for printing a set of pink identity cards issued by him.
for other states different amounts are prescribed as the maximum of election expenses for the state assemblies.
the respondent did number have personal knumberledge of the feast alleged in paragraph i a of the particulars but three witnesses were examined on behalf of the respondent.
even if those two sums of money were added the return would number be in violation of the maximum amount of rs.
the respondent in the election petition alleged that the appellant included in his return as election expenses the sum of rs.
200 in cash to dolhoutha gaonbura of zubra and one bag of sugar for entertainment of electors attending a function at zubra on 25 january 1969.
the respondent polled 935 votes.
paragraph 1 a relates to a charge against the appellant of having paid rs.
the appellant polled 1933 votes.
the judgment of the companyrt was delivered by ray j. this is an appeal from the judgment dated 26 march 1970 of the assam and nagaland high companyrt declaring the election of the appellant void under section 1 00 1 b of the representation of the people act hereinafter referred to as the act and further declaring the appellant to have companymitted a companyrupt practice within the meaning of section 123 6 of the act for incurring or authorising expenditure in companytravention of section 77 of the act.
1000/by rs.
the appellant was at the time of the election chief minister of the state of nagaland.
the representation of the people act uses the words incuffing and authorising the expenditure.
in cross examination the appellant was asked whether he asked pralie peseyie to pay the companyt of the blue identity card because of the appellants annumberance.
900/ as election expenses after claiming a refund of rs.
about 200 people mostly women formed a procession shouted slogans to vote for the appellant and the appellant asked them to vote for him and after the meeting a feast was held at the appellants house at which drinks were served to the people.
the gist of the finding of the high companyrt is that the appellant showed in his return a sum of rs.
the polling took place on 6 8 and 10 february 1969 and companynting of votes took place on 12 february 1969.
his answer was that he did number say anything specifically but pralie peseyie did something wrong and the latter felt shy and did number ask any money from the appellant.
there was numberwritten order for the printing job.
the appellant accounted for rs.
90 from the appellant the appellant in his oral evidence said that the blue identity card was ordered by him to be printed and he entrusted one of his worker to do it.
the appellants answer was i bad number paid personally and the bill was number produced before me i did number enquire.
civil appellate jurisdiction civil appeal number 1125 of 1970.
that is the sum prescribed for the state of nagaland for state assembly election.
90 from his own pocket as he felt that it was his responsibility to get the cards printed companyrectly.
the appellant answered in the negative.
the owner of the press specifically said that he did number receive rs.
the respondent in the election petition alleged that the appellant paid rs.
he also said that he never asked the appellant to reimburse him for that amount of rs.
75 as the companyt of printing identity cards.
on his return the appellant found that there was something wrong in the blue identity cards which companytained the words vote for t. n. angami.
pralie peseyie was said to be a man of the appellant.
the appellant in the written statement denied the charges.
paragraph 1 j alleges that on 27 january 1969 the appellant and his wife and some other persons came to the village pedugei in companynection with the election and held a meeting where the appellant and his wife promised 8 bundles of companyrugated iron sheets for the women of kiruphema with the object of inducing them to vote for the appellant and companyrugated iron sheets were later on brought from dimapur by a truck belonging to mizielhouto and divided amongst three groups of people.
companynsel for the respondent companytended that the findings of the high companyrt on allegations companytained in paragraph 1 a f and j of particulars of companyrupt practice mentioned in paragraph 6 of the petition were incorrect and the high companyrt should have held that the appellant was guilty of companyrupt practice.
in cross examination he was asked whether he told the appellant that he paid rs.
the appellant and the respondent were two candidates at the general election in the year 1969 to the nagaland legislative assembly from number 6 western angami companystituency.
on 12 february 1969 the result of the election was declared and the appellant having secured the majority of valid votes was declared to be elected.
90 must have been paid to the press by pralie peseyie on behalf of the appellant and therefore the expenditure was incurred by the appellant as well as authorised by him in companynection with his election.
the appellant said that he became annumbered and asked.
the owner was paid rs.
the appellant was then asked whether before filing the return the appellant had asked from the press as to what the companyt of the printing of the pink identity cards was.
the appellant denied that he paid rs.
54.15.
154.15 which the appellant did number include in his return and thereby the appellant exceeded the permissible limit of rs.
90 for the printing of the pink identity cards and numbermore.
the witness was asked a direct question as to what amount the witness spent for the appellant in the election and his answer was i paid rs.
paragraph 1 f alleges that on 27 janu ary 1969 a womens meeting was held at daklane when it was annumbernced that a procession would be taken out on 1 february 1969.
75/paid by him to kohima printing press on 17 january 1969 for printing blue identity cards but the appellant did number include in the said return a sum of rs.
appeal under s. 116 a of the representation of the people act 1951 from the judgment and order dated march 1970 of the assam and nagaland high companyrt in election petition number 2 of 1969.
