# T. N. ANGAMI v. SMf. RA VOLUEU

- **Citation:** [1971] 3 S.C.R. 659
- **Court:** Supreme Court of India
- **Decided:** 1971-02-02
- **Case number:** Civil Appeal No. 1125 of 1970
- **Bench:** G. K. Mij'Ter, A. N. Ray
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/t-n-angami-v-smf-ra-volueu-5225
- **Pages:** 7

## Headnote

65!f
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f!.epresemation of the
Peop/£ Act. 1951-Corrupt Practice-Hospita/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 respondent 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 entertaining 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 election. 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 hospitality 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
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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.

## Text

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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-Hospita/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 respondent 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 entertaining 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 election. 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 hospitality 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 Representation 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 handbooks and thirdly incurred or authorised the expenditure of
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Rs. 42.50 on 18 trunk calls between 15 January, 1969 and 11
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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
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Constituency.
The polling: took place on 6, 8 and 10 February,
1969 and counting of votes took place on 12 February, 1969.
The
appellant poll·~ 1933 votes.
The respondent polled 935 votes.
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.
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The respondent in the election petition alleged that the appellant included in his retur;n as election expenses the sum of Rs. 75/-
paid by him to Kohima Printing Press on 17 January, 1969 for
printing blue identity cards but the appellant did not include in the
Said return a sum of Rs. 90/- by him to Kohima Printing Pres~
on 29 January. 1969 for printing a set o.f pink identity cards issued
by him.
The appellant in his written statement denied that he
spent Rs. 90/- for the purpose of printing identity cards that were
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T. N. ANGAMI V. RAVOLUEU (Ray,/.)
661
used by him in any way in his election. _ The appellant stated that
he spent Rs. 75 /- only for printing the identity cards which were
used in the election ~nd the same has been properly accounted for
in his statement for his election expenses.
Under section 123(6) of the Representation of the People Act
the incurring or authorising of expenditure in contravention of
section 77 is a corrupt practice f6'r the purpose of the Act. Section
77 deals with account of election expenses and maximum thereof.
The fil'S'I sub-section states that every candidate at an election shall,
either by himself or by his e'.ecti~n agent, keep a separate and
correct account of all expenditure in connection with the election
incurred or authorised by him or by his election agent between
the date or publication of. the notification caning the election and
the date of declaration of the result thereof both dates inclusive.
The second sub-section states that the account shall contain such
particulars,. as may be preseribed.
The third sub-~ection state'
that the total amount shall not exceed such amount as may be
prescribed.
The prescribed maximum for election expenses is the
sum of Rs. 1.000 as will be found in Rule 90(2) of the Conduct
of Election Rules.
That is the sum prescribed for the State of
Nagaland for State Assemb~v Election.
For other States different
amounts are prescribed as the maximum of election expenses for
the State Assemolies.
The relevant issue with regard to the alleged expenditure ot
Rs. 90 raises the question as to whether the appellant incurred or
authorised the expenditure of the said amount. On behalf of the
appelalnt the owner of the printing press Vipikejeye gave evidence.
He said that the appellant placed an order (Ex. 10) for 5000
identity cards. for election and ho~ also said that Exhibit 11 the
blue identity cards were printed in his press. The owner of the
press further said that the appellant did not personally come to
place the order but his party-men came ~nd placed the order. The
blue identity card was not found suitable and the owner of the
printing press printed the pink identity card.
The owner was paid
Rs. 75 for printing 5000 blue identity cards. As for the pink
cards tho~ evidence of the owner of the printing press was that the
order for the pink cards was placed on 29 January, 1969 "by the
y~:mng man" of the _appellant. The owner of the press supplied 'the
pmk cards numbenng 6000 and be received the sum of Rs. 90
on I February, 1969 and one Pralie Peseyie paid that sum and took
away the pink identity cards. Pralie P.~seyie was said to be a man
of 'the appellant. There was no written order for the printing job.
The owner of the press specifically said that he did not receive
Rs. 90 from the appellant.
1'62
SUPREME COURT REPORtS
[1971] 3 S.C.R.
The appe!Iant jn 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. On his return the appellant found that there was
something WI"ong in the blue identity cai:ds which contained the
words 'Vote for T. N. Angami'. The appellant said that he became
annoyed an<! asked the person entrusted with the printing of the
identity cards to go immediately to the printing pr_ess and get the
cards "reprinted correctly''.
After that "the man" brought the
pink identity card but he' did not tell anything about the payment
of such printing work and that is how the appdlant did not account
for them.
The appdlant accounted for Rs. 75 as
the cost of
printing identity cards.
In cross-examination the appellant was asked whether he asked
Pralie Peseyie to pay the cost of the blue identity card because of
the appellant's an11Qyance.
His answer was •that he did not say
anything specifically but Pralie Peseyie did something wrong and
the latter felt shy and did not ask ally money from the appellant.
The appellant's evidence was that the press submitted the bill for
the printing of the blue identity card and the payme.Iit-was made
by the appellant but he did not personally go and pay.
In crossexamination the appellant was -specifica!1y asked whether the pink
identity cards were produced before him with the bill.
The appellant a,nswered iri. the negative.
The appellant w·as
then asked
whether before filing the return the appellant had askeJl. from the
press as to what the cost of the printing, of the pink identity cards
was.
The appellant's answer was ur had not paid personally and
the. bill was not produced before me I did n6t e.iiquire".
The
appellant was again asked whether the amount for printing' pink ·
. identity cards was paid.
His answer was that the amount was paid
'by Pralie Peseyie.
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.. · Pralie Peseyie gave evidence Ol\, ~alf of the appellant aild said f
.that the appell~t was "much ,ann.s>Yed'' because Pralie . Peseyie ·.
without the appellant's knowledge put the word~ "Please vote for
·T. N. Angami" on. the blue identity cards and the appellant asked
Pralie Peseyie' to get the identity. cards teprintcd. . Pralie Peseyie
therefore placed order to get 6000 identity cards printed again.· He
sa.id that he paid Rs .. 90 from his .own/pocket as he felf that it
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'Was his· responsibility to get the cards printed correctly.
He also
· said that he never asked the appellant to re-imburse him for .that
amount of Rs. 9P.
In cross-examination he was asked whether
ile told the i!'p0ellant that he paid Rs. 90. His
answer was in
the ne:itative. ;Pralie ~~yie further said that the words "Please
vote for T. N. Angam1" were not pn the sample that the appellant
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:ci@e but the witness added those words without the knowledge of
the ;ippellant. ·The witness was asked a dir~ct question. as to wh~l
amount the witness spent for the appelfant m the election and his
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T. N. ANGAMI v. RAVOLUEU (Ray,/.)
663
answer was ·"I paid Rs. 90 for the prill'ting of the pink identity
cards and no more".
The High Court held that the amount of Rs. 90 must have
been paid to the press by Pralie Peseyie on behalf of the app!llant
and therefore the expenditure was incurred by the appellant as well
as authorised by him in connection with his election.
The respondent in the election petition alleged that the appellant" paid Rs. 90. The Representation of the People Act uses
!he words 'incurring' and 'authorising' the expenditure. The appellant denied that he paid Rs. 90. It was never sugg!Sted to the
appellant that he had authorised the expenditure of Rs. 90. On
the contrary, the positive evidence of the appellant is that he was
annoyed with Pralie Peseyie for introducing the words 'Vote for
T. N .. Angami' on the blue identity cards and therefore the appellant .wanted Pralie Peseyie to get the cards reprinted correctly. It
is also the evide;nce of Pralie Peseyie that he did something wrong
andA1e had to have it corrected. . He therefore paid Rs. 90 out
of· his own pocket. The most significant feature in the evidence
is that the bill for Rs. 90 was never produced 9r sent to the appellant whereas the bill for the blue identity cards was sent to the
appellant. The manner in which the appellant reprimanded Pralie
Peseyie for adding the words "Vore for T. N. Angami" would not
necessarily invo]ve an obligation to pay and authorise an expenditure for getting the cards reprinted correctly1 If it were the fault
of the press, the pre!iS would have to rect1y the same. On the
other hand,· 1f thi: blame ftll on Pra!ie Peseyie he would have to
bear the brunt . The fact that the b.ill was. not sent to the appellant
shows that the fault was of the Witness Pra1ie Peseyie. The oral
evidence also points to that inescapable conclusion.
The High Court was in error i,n holding on the evidence that
the expenditure for Rs. 90 'was incurred or authorised by the
appellant. This finding is not supported bv the evidence and on
the contracy it ia repelled,~}'. the eviden~.- · We cannot help
~!>serving tha~ both the ap~a,nt and Pi:ali6 Peseyie gave evidence
111 a very str111ghtforward and truthful manner. They narrated the
correct course of events. We a<;cept their evidence and hold that
the appellant neither incurred nor authorised the oxpenditurr: of
Rs. 90 for the pink identity cards.
It would, therefore, not be necessary for us to go into the ques..
lion whethet. the sum of Rs. 41.50 for trunk calls and .~e ~of
Rs: 22.65 for purchase of forms and hand-books were mcurred or
authoris¢ by the appellant. Even if those two sums of money
were added, the return' would not be in violation of the maxiiiliim
amount of Rs. 1000/-.
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664
SUPREME COURT REPORTS
(197 J J 3 S.C.R.
Counsel for the respondent contended that the findings of the
High Court on allegations contained in paragraph l (a), (i) and
(j) of particulars of corrupt practice mentioned in paragraph 6 of
the petition were incorrect and the High Court should have held
that the appellant was guilty of corrupt practice.
Paragraph 1 (a)
relates to a charge against 'the appellant of having paid Rs. 200
in cash to Dolhoutha Gaonbura of Zubra :i;nd one bag of sugar for
entertainment of electors attending a function at Zubra on 25 J anuary,
1969.
Paragraph
l (f)
alleges
that
on 27
January, 1969 a women's meeting was held at Daklane when it was
announced that a procession would be taken out on 1 February,
1969.
About 200 people mostly women formed a
procession
shouted slogans to vote for the appellant and the appeJ.lant asked
them to vote for him and after the meeting a feast was held at the
appellant's house at which drinks were served to the people. Paragraph 1 (j) alleges that on 27 January, 1969 the appellant and
his wife and some other persons came to the village Pedugei in
connection with the election and held a meeting where the appellarrt
and his wife promised 8 bundles of corrugated iron sheets for the
women of Kiruphema with the object of inducing diem to vote for
the appellant and corrugated iron sheets were later on brought from
Dimapur by a truck belonging to Mizielhouto and divided amongst
three groups of people.
The appellant in the written statement
denied the charges.
The respondent did. not have personal knowledge of the feast
alleged in paragraph 1 (a) of the particulars but three witnesses
were examined on behalt of the, respondent.
On behalf of the
appellant there was the evidence of Dolhoutha <!!nd Shitovi Hesso.
The High Court held that the three witnesses on behalf of the
respondent were interested in the success of the respondent and the
three witnesses attributed statements about fe~st and distribution
of sugar to Dolhoutha who denied the same and said that the
. people of the village organised the feast with their money.
The
High Court correctly found that the quality of evidence on behalf
of the respondent was such that no reliance could be placed upon
it.
As to allegations of corrupt practice in paragraph 1 ( f) about
the women's meeting the High Court held that there was no evidence to indicate that the respondent or any person induced the
persons present to vote or offered them food and fruit.
On the
contrary, the High Court found that evidence of both sides indicated
that it was customary practice in Nagaland to offer hospitality to
the people who visit their house. It will not be correct to equate
ordinary hospitality or courtesy with corrupt practice.
With regard to allegations mentioned in paragraph 1 Ci) and
the distribution of bundles of corrugated iron sheets the High Court
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r. N. ANGAMI v. RAVOLUEU (Ray, J.)
665
held that the women's society asked for corrugated sheets for a
public cause.
The appellant was the Chief Minister at the time
of the election.
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
grievances of the people.
There is no proof of corrupt motive.
We ag1ee with the High Court that there is no proof of corrupt
pracficc all~ged in paragraphs 1 (a), ( f) and (j) of the particular&
dealt with above.
For these reasons we accept the appeal and hold that the appellant is not guilty of any violation of section 123 ( 6) and section 77
of the Representation o.f the People Act.
The judgment of the
High Co\lrt is set aside.
The charge of corrupt practice under
section 123 ( 6) is set aside. The order setting aside the election
of the appellant and the declaration avoiding the election under
section 100(1 )(b} of the Act are both set aside.
The election
petition of the respondent is dismissed.
The appellant will
be
entitled to costs.
K.B.N.
Appeal allowed.