Case Note & Summary
The dispute arose from an election held on 10-11-1982 for the Longkhim-Chre constituency of the Nagaland Legislative Assembly, where the respondent, M. Tsubongse, contested as a Congress (I) candidate and lost to the appellant, N. Horangse, by 133 votes. Following the election, Tsubongse filed a petition alleging corrupt practices by Horangse, claiming he presented gifts to voters to influence their votes. The learned Single Judge of the Gauhati High Court found one instance of corrupt practice regarding the distribution of red waist coats and set aside Horangse's election. The Supreme Court, however, found that the election petitioner failed to prove the allegations of corrupt practice. The court noted that the gifts were distributed long before the election process began and were customary in nature, thus not constituting corrupt practices under the Representation of People Act, 1951. The court emphasized that the burden of proof lay with the petitioner, and the evidence presented was insufficient to support the claims. Consequently, the Supreme Court allowed the appeal, reinstating Horangse's election and dismissing the allegations of corrupt practices.
Headnote
A) Election Law - Corrupt Practice - Burden of Proof - The burden of proof regarding allegations of corrupt practice lies with the election petitioner, not the elected candidate - Representation of People Act, 1951, Sections 123(1), 123(3A), 123(6) - The court held that the evidence presented by the election petitioner was insufficient to establish that the appellant engaged in corrupt practices, as the gifts were given as per custom and not to induce votes (Paras 348-351).
Issue of Consideration
Whether the appellant committed corrupt practices during the election as alleged by the respondent.
Final Decision
The Supreme Court allowed the appeal, set aside the judgment of the learned Judge, and reinstated the election of the appellant, ruling that the evidence of corrupt practice was insufficient.
Law Points
- Election law
- corrupt practice
- burden of proof
- evidence appreciation
