T. N. ANGAMI versus SMT. RAVOLUEU

Citation: [1971] 3 S.C.R. 659 · Decided: 02-02-1971 · Supreme Court of India · Bench: G.K. MITTER · Disposal: Case Allowed

Judgment (excerpt)

r 
' 
A 
B 
c 
D 
E 
T. N. ANGAMI 
v. 
SMf. RA VOLUEU 
February 2, 1971 
[G. K. MIJ'TER AND A. N. RAY, JJ.) 
65!f 
_ 
f!.epresemation of the 
Peop/£ Act. 1951-Corrupt Practice-Hospi-
ta/ily and courtesy cannot be equated with corrupt practic~hief Minister. 
redressing grievances of people cannot be raid to offer inducement for 
geftlng votes. 
lbe appellant was elected to the N agaland legislative assembly. He 
was at the time of his. election Chief Minister of the State. 
The res-
pondent challenged the election of the appellant oa the grounds : (i) the 
appellant incurred or authorised the incurring of expilnditure beyond 
the prescribed limit in contravention of s. 77 of the Act and thereby 
committed corrupt practice within the meaning of s. 123(6) of ~he Act, 
(ii) he offered inducements to the electors by givins feasts and enter-
taining them and (iii) he distributed bundles of Corrugated iri:in Sheets 
to a Women's Society, with the object of inducing the members tbereof 
to vote for him. 
The High Court held that the appellant committed 
corrupt practice within the meaning of s. 123 ( 6) and ·set aside his elec-
tion. The other corrupt practices were held not proved. 
Allowing the 
appeal and dismissing the election petition, 
HELD: (i) The High Court was in error in holding on the evidence 
that expenditure bevond the prescribed limit was incurred or authorised 
by the appellant.[663 Fl 
(ii) 
There was no evidence to indicate that the appellant or any 
Person with his consent or knowledge induced any of the voters to vote 
for him by offering· them food. 
On the contrary the evidence on both 
sides indicated that it was customary practice in Nagaland to offer hospi-
tality to the people who visit their house. It would not be rorrect to equate 
ordinary hospitability or courtesy with corrupt practice. 
F 
(iii) There was no corrupt motive in the distribution of bundles· of 
iron sheets. 
The Society asked for corrugated iron sheets for a public 
cause. The appellant was the Chief Minister at the time of the election 
and it would not be unnatural for people to make requests to the Chief 
Minister for a public cause. It would also be reasonable to expect that 
the Chief Minister 
would try to redress th~ grievances of the people. 
[665 Bl 
G 
CivJL APPELLATE JURJSDJCTION: Civil Appeal No. 1125 of 
1970. 
H 
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 Court in Election Petition No. 2 of 
1969. 
S. V. Gupte, S. K. Ghose, Advocate-General, Nagaland, Naunit 
Lal, A. R. Barthakar, R. C. Chowdhurv and B. · K. Dass, fer the 
nppellant. 
· 
660 
SUPREME COIJRT REPORTS 
[1971] 3 S.C.R. 
D. P. Singh, A. K. Gupta, V. /. Francis and S. P. Singh, for 
A 
the respondent. 
The Judgment of the Court was delivered by 
Ray, J. This is an appeal from the judgment dated 26 March 
1970 of the Assam and Nagaland High Court declaring the election 
of the appellant void under section 100 ( 1 )(b) of the Representa-
tion of the People Act (hereinafter referred to as.the Act) and 
further declaring tlie appellant to have committed a corrupt praC'tice 
within the meanin!l of section 123(6) of the Act for incurring or 
authorising expenditure in contravention of' section 77 of the Act. 
The gist of the finding of the High Court is that the appellant 
showed in his return a sum(~ Rs. 900/- as electio:n expenses after 
claiming a refund of Rs. 100/- but the appellant is found to havr 
incurred or . authorised expenditure of a further amount of 
Rs. 154.15 which the appellant did not incli.Ide in his return and 
thereby the appellant exceeded the permissible limit of Rs. 1000 I -
by Rs. 54.15. 
The finding of the High Court is that the appellant incurred or 
authorised the expenditure of Rs. 90 /- for what is described ,,as pink 
identity cards and secondly incurred or authorised the expenditure 
of Rs. 22.65 in respect of purchase of forms and election hand-
books and thirdly incurred or authorised the expenditure of 
B 
c 
D 
Rs. 42.50 on 18 trunk calls between 15 January, 1969 and 11 
E 
February, 1969 aggregating Rs. 154.15 which sum was not included 
in the return of election expenses. 
The appellant was at the time of the election Chief Minister 
of the State of Nagaland. 
The appellant and the respondent were 
two candidates at the General' Election in the year 1969 to the 
Nagafand Legis!ative Assembly from No. 6 Western Angami 
F 

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