Judgment

VARADARAJAN, J.:- This appeal by the respondent in Election Petition No. 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 constituency of the, Nagaland Legislative Assembly on the ground of corrupt 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.

2. The respondent/ election petitioner. M. Tsubongse who contested as it Congress (1) candidate lost to the appellant who contested its a Naga National Democratic Party candidate (for short NNDP) by a margin of 133 votes in the election held on 10-11-1982. He filed his election petition seeking the appellants election to be set aside on the ground that he was guilty of four instances of corrupt practice falling under S. 123(1) of the Representation of the People Act. 1951 (for short the Act) and on three other grounds, namely: (1) display of a banner with the caption "Do not sell Nagaland to India", a corrupt practice within the meaning of S. 123(3 A)