ORDER:- 4 (Four) candidates were in the fray in this election from No. 38-W0kha Assembly Constituency in the State of Nagaland. The petitioner was a candidate of Congress(I), whereas respondent No.1 (the respondent, hereinafter) had contested as a Naga National Democratic Party (NNDP) candidate. The two others, namely, Pankathung and Khyochamo, were independent candidates. In the battle of hustings, which had taken place on 10-11-82, the respondent having secured 2693 out of 7918 valid votes was declared as elected. The nearest rival was the petitioner who had to his credit 2575 votes. The difference was thus of 118 votes.

2. The election of the respondent was challenged on various grounds in this petition. There were allegations, inter alia, of (a) improper acceptance of the nomination paper of the respondent:(b) irregularity in issuing of postal ballots; (c) some irregularity in counting, and (d) canvassing against election law. The main attack is, however, on the commission of various corrupt practices. A number of issues were framed on the basis of the pleadings of the parties. Of these, the following only were ultimately pressed:-

"X(c)(i). Whether on 25-10-82 one Kg. o