The respondent alleged in the election petition that the appellant gave four red waist companyts to the voters Lisechem, W. 11, Lithrongse, 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 .
The learned Judge has stated in his judgment in regard to this matter thus It has been companytended that even if it is assumed that the respondent appellant in this appeal had taken delivery of five red waist companyts on 10 9 1982 as reflected in Ex.
Tsarise, P.W. 14 who was admittedly in the NNDP and a supporter of that party previously claims to have joined the Congress I party in August 1982.
make presents to the villagers as per the custom of the Nagas.
11 to 13 and Lithsabha at 4.00 p.m. On 27.10.1982 for inducing them to cast their votes in his favour in the presence of P.Ws.
also would .
He has, stated in his evidence that the appellant came to the village in the election period and asked the people to cast their votes in his favour.
His case was that he visited Lirise village some time prior to October 1982 and was received by the villagers who companysidered him as one of their leaders.
The said custom amongst the Nagas is spoken to even by respondent P.W.1 who has stated in his evidence that numbermally villagers also would present gifts to visiting M.L.As.
During the trial the appellants case was that he sent the five waist companyts as gifts through Tsarise, P.W. 14 in September 1982 and that he did number personally distribute them after the election process had started in order to induce the recipients to cast their votes in his favour.
The respondent examined Lisechem, P.W, 11, Lithrongse, W. 12, Murimong P.W. 13, B. Tsarise, P.W. 14 and Tselongse, P.W. 15 for proving this item of companyrupt practice.
14 and 15 and they witnessed the offer and reported the matter subsequently to the respondent P.Ws.
14 and 15 came there and asked him if a waist companyt was presented to him by the appellant.
Lithrongse P.W.12, another Gaon Burah of Lirise village has stated that the appellant came to his house at 4.00 p.m. On 27.10.1982 and presented a red waist companyt to him and asked him to cast his vote in his favour and that soon after the appellant left his house, P.Ws 14 and 15 came there and asked him as to what was given to him and he thereupon told them that the appellant gave him a waist companyt and they asked him to remember it and number to deny it later.
The appellant denied that the waist companyts were given either by himself or in order to induce the recipients to cast their votes in his favour.
As a matter of fact, even the learned companynsel for the respondent in this appeal before the trial companyrt does number appear to have seriously challenged the acceptability of the evidence of these witnesses in the companyrse Or his arguments before the learned Judge.
4 and 5, the same is number enough to discard the allegation of distribution of other waist companyts in October 1982.
He has further stated that P.W. 14 subsequently told him that the waist companyts had arrived and he thereupon asked him to distribute them and give one of them to him also and they were given to him and other Gaon Burahs.
I l to 13 in Lirise village only thereafter.
He has stated that Ex.
He has stated that he and P.W. 14 went to those houses soon after the appellant left the places and they individually told them that the appellant gave red waist companyts and asked them to cast their votes in his favour.
The appellant, R.W. 1 has denied in his evidence that he went to Lirise village on 27 10 1982 or presented the waist companyts personally.
written by the appellant is signed by him and that as the appellant was a known person he delivered the waist companyts though Ex.
1 to 5 is companysidered to be unsatisfactory to prove that the red waist companyts were presented only in September 1982 and number in October 1982, that does number mean that the respondents case that the red waist companyts were given to P.Ws.
R.W. 5 was Head Gaon Burah and he became Special B. at Seotsing from 15 9 1983.
11 to 13 and others.
In view of the custom of Nagas to receive guests or others and exchange gifts, he sent five waist companyts to be given to four Gaon Burabs and the eldest Barik of the village long before the election process started.
100 The sum of Rs.
11 to 13 that P.Ws.
He has denied that the appellant neither visited Lirise village number presented waist companyt on 27.10.1982.
The appellant was the Deputy Speaker of the Nagaland Legislative Assembly at that time.
12 and 13 in that order at about 4.00 p m. and that he and P.W.15 went to those houses within a few minutes after the appellants departure from there and those persons individually told them that the appellant gave them a waist companyt and asked them to cast their votes in his favour.
Yanstasi, R.W. 5 has companyroborated the evidence of R.W. 3 about the appellants visit, saying that two months before the election held in November 1982 he had gone to Lirise to meet the appellant, and that the appellant was received by the villagers and taken to the Head Gaon Burahs house and presented with a sangtam cloth and that the appellant regretted that he had number brought any present to be given by him and assured that he would send waist companyts later.
The dispute was thus companyfined to the date of distribution of the waist companyts, namely, whether they were given in September 1982 or on 27 10 1982, as to whether the appellant gave them personally or sent them through P.W. 14 and as to whether they were given to induce the recipients to cast their votes in favour of the appellant or only to keep up the appellants promise made in August 1982 to send some gifts in return for the gift made to him E earlier as per custom.
was number surrendered to him on 10 9 1982.
1236 Nce Of 1975 Appeal under Section 116A of the R.P. Act from the order date 1.2.84 of the Gauhati High Court in E.P. No.
Krishna Kumar, R.W. 4, the proprietor of a tailoring firm at Kohima has companyroborated the evidence of R.W. I about placing of the order Ex.
C, this would number rule out the distribution in October 1982.
It is further submitted by the learned companynsel for the petitioner respondent in this appeal that even if distribution of some waist companyts had taken place in September 1982 as deposed by R.Ws.
on 2 9 1982 and taking delivery of the waist companyts on 10 9 1982.
He has denied that the appellant sent the red waist companyts through him in the early part of September 1982 for distribution amongst Gaon Burahs of Lirise village.
12 and 13 one after, the other.
dated 2 9 1982 for the making of five red waist companyts through Krishna Kumar, R.W. 4 and got them from him on 10 9 1982 and sent them in the same month through P.W. 14 being distributed to the Gaon Burahs of Lirise village.
3 of 1983.
14 and 15 came to their houses within minutes after the appellant left the place and asked them about what had been given to them by the appellant and that when they told them that red waist companyts have been given to them with a request to favour him with their votes, they asked them to remember the date and time and number to deny the matter later P.W. 14 has stated so in his evidence is artificial and unreliable.
He has admitted that when he visited the house of P.Ws.11 to 13 and Lithsaba he asked them to remember the date and the time and number to deny it later.
14 and 15 came to his house and asked him about what had been given to him by the appellant and he thereupon showed that waist companyt to them and told them that it was given to him.
The learned Single Judge, who tried the election petition, found only one of the aforesaid grounds of companyrupt practice, namely, presentation of four red waist companyts proved and the other grounds number proved, and he allowed the election petition and set aside the appellants election on that ground.
14 who was then a staunch worker of the NNDP in September 1982 long before the election process had started as per the custom of Nagas to make gifts in return for the gifts received by dignitaries.
and others.
Now we proceed to companysider the evidence of P.Ws.11 to Lisechem, P.W.11, a Gaon Burah of Lirise village mentioned the date of the appellants visit first as 27.9.1982 and then companyrected it as 27.10.1982 and again stated that he does number remember the month or dale of receipt of the waist companyt by him from the appellant and he has added that it was after the date of the election.
He has stated that he filed the numberination paper on 13 10 1982 and that P.W. 14 who was Area Council Member joined the Congress T party in the midst of the election and supported the Congress I candidate.
It is number the case of any of the parties that waist companyts were presented by or at the instance of the appellant once in September 1982 and again to the same Gaons Burah in October 1982.
May be, numbereliance companyld be placed on Ex to find out when the waist companyts were ordered to be made and about when they were actually delivered by R.W.4 to the appellant.
14 had asked P.Ws.
The Head Gaon Burah, W. 3 has companyroborated the evidence of R.W. l that he met the appellant at Longkhim in August 1982 and requested him to visit Lirise village and that he accordingly came to Lirise village and was received in the Mong Mong month and presented with a cloth, and that the appellant regretted that he had number brought anything to be presented by way of return and promised to send waist companyts later.
The respondent has to prove his case which is disputed by the appellant independently of the fact whether the appellant has proved his defence or number.
He has denied that he had worked for the appellant in the elections held in 1977 and 1982, in both of which he had been declared duly elected.
Kapil Sibal, K K Lahiri and Mrs. Manik Karanjwala for the Respondent.
The evidence let in by the respondent to prove this item of alleged companyrupt practice on the part of the appellant is wholly insufficient and unacceptable to prove the charge satisfactorily.
Nor is it probable that only waist companyt would have been presented on both the occasions to the same individuals Even if the evidence of R.Ws.
W. 15 has stated in his evidence that the appellant appealed to the people of the village to cast their votes in his favour and that he went to the houses of P.Ws.
We are, therefore, number impressed with the evidence of P.Ws.11 to 15 about the date of the appellants visit to Lirise village and the presentation of the red waist companyts to P.Ws.
However, the learned Judge did number rule out that the appellant had distributed red waist companyts in September 1982 asobserved by him in paragraph 15 of his judgement which will be extracted in due companyrse.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
and P.W. 15 are the interested witnesses.
The respondent election petitioner, M. Tsubongse who companytested as a Congress I candidate lost to the appellant who companytested as a Naga National Democratic Party candidate for short NNDP by a margin of 133 votes in the election held on 10 11 1982.
He claims to have gone to the house of P.W. 14 and to have seen from there the appellant visiting the houses of P.W. Lithsaba and P.Ws.
He has stated that he is an old man and that he does number remember months and dates.
Thus he denied that he companymitted and companyrupt practice and companytended that the election petition is number bona fide and has been filed only to harass him.
P.W.14 has number been cross examined regarding the month in which he left the NNDP and joined Congress I party, which according to his evidence, was in August 1982.
The waist companyts ware number given to procure votes or to induce the recipients to cast their votes in his favour.
P W. 14, who was a staunch worker of the NNDP and had switched over to the Congress I party to which P.W. 15 belongs, some time before the election.
Admittedly, P. Al.
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.
He filed his election petition seeking the appellants election to be set aside on the ground that he was guilty of four instances of companyrupt practice falling under s. 123 1 of the Representation of People Act, 1951 for short the Act and on three other grounds, namely 1 display of a banner with the caption Do number sell Nagaland to India, a companyrupt practice within the meaning of s. 123 3A of the Act 2 exceeding the limit of expenditure amounting to companyrupt practice within the meaning of s. 123 6 of the Act and 3 use of government vehicles for the purpose of the election.
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 companystituency of the Nagaland Legislative Assembly on the ground of companyrupt 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.
11, 12 and 13 on 27.10.1982 to induce them to cast t heir votes in favour of the appellant stands proved.
The evidence of P.Ws.
R.W. 3 has number been cross examined seriously about the month of the appellants visit to Lirise village, namely, Mong Mong month, which according to the evidence of R.W.5 is September in which the Mong Mong festival is celebrated by the Nagas.
Similarly R.W. I has number been cross examined about when W.14 left the NNDP and joined the Congress I party, which according to his evidence, was in the midst of the election in which he filed the numberination paper on 13 10 1982.
100 per piece mentioned by R.W.1 in his evidence is the price of each of the blankets which he had distributed to some persons in the village in 1981 and number of each of the waist companyts given in 1982.
1 to 5.
The Judgment of the Court was delivered by VARADARAJAN, J. This appeal by the respondent in Election Petition No.
It is number improbable that the appellant had sent the waist companyts through P.W.14 who was a prominent member of the NNDP and the Area Council member at that time for being distributed to the Gaon Burahs by way of return of the present of the shawl made to him during his earlier visit as per the custom amongst Nagas to exchange gifts during the visit of important persons like M.L.As.
I l to 13 have mentioned the date and month of the appellants visit only on the basis of what P.W. 14 told them to remember.
14 and 15 do number claim in their evidence personal knowledge about the offer presentation of the waist companyts by the appellant to these four persons and about the inducement of the appellant to cast their votes in his favour.
S. Vaidyanathan for the Appellant.
11, 12 and 13 to remember the date and time of the appellants visit to their houses where he claims to have gone alongwith P.W. 15 soon after the departure of the appellant from each of those places.
We find numbersatisfactory reason for rejecting the evidence of Ws.
C was number filed in the companyrt at the earliest stage.
He has stated that the appellant came to his house on 27.10.1982 and gave him a red waist companyt and asked him to cast his vote in his favour and number to inform others about the presentation of the waist companyt and that soon after the appellant left his house, P.Ws.
Tsarise, P.W. 14 and Tselongse, P.W. 15 of Lirise village who witnessed the offer and reported the matter later to the respondent.
R.W I has stated in his evidence that his wife came across it after he had filed his written statement in the election petition and gave it to him for being Produced during the trial.
He has stated in his evidence that the appellant came to Lirise village on 27.10.1982 and visited the houses of P.W.11, Lithsabha and Ws.
It is clear that these three witnesses.
He has stated that he visited that village two or three days after 15 8 1982 at the request of the Head Gaon Burah, R.W. 3, and was welcomed by the Gaon Burahs and others where P.W. 14, then a leading worker and member of the NNDP was also present and was taken to the house of R.W. 3 and presented with a shawl as per the custom of the Nagas and that as he had gone there urgently and had number taken anything to make a gift by way of return as per the custom, he promised to send some gifts later and he thereafter ordered under Ex.
1982 and presented a red waist companyt to him and asked him to cast his vote in his favour and that a minute after the appellant left his house, P.Ws.
On the side of the appellant there is the evidence of the appellant R.W. 1, Chupongse, R.W. 3, Krishna Kumar W., 4 and Yanstsasi R.W, 5 about this charge.
On a companysideration of the oral and documentary evidence the learned Judge of the High Court found that this item of charge of companyrupt practice is proved beyond reasonable doubt and he accordingly allowed the election petition and set aside the appellants election as stated above.
and the visiting M.L.As.
He has denied that P.W. 14 gave the waist companyt to him in the first party of September 1982 and that the appellant did number visit his village or present the waist companyt on 27.10.1982.
Tsalongse, P.W. 15 does number remember the date of the appellants visit to Lirise village.
It is significant to numbere that though in the election petition it is clearly alleged that the appellant gave red waist companyts to P.Ws.
