Pursuant to a notification by the Election Commission of India issued on 12.09.2014, a bye-election was held in No. 11, Northern Angami – II Legislative Assembly Constituency in the State of Nagaland on 15.10.2014. In the counting held on 19.10.2014, Neiphrezo Keditsu of the Naga People’s Front (NPF) was declared elected on 20.10.2014 by defeating the sole opponent Shri Visasolic Lhoungu of Bharatia Janata Party (BJP) by a comfortable margin of 3045 votes. Although, the defeated candidate has not come forward to challenge the election of the returned candidate but one Zeneisiile Ate Loucii who is a voter of the said constituency has approached this court by filing election petition No. 1/2015 with a prayer for setting aside the election of the returned candidate by declaring his victory to be void under Section 98(b) of the Representation of the People Act, 1951 on the ground stipulated under Section 100(1)(b) of the Representation of the People Act thereby holding that the returned candidate is guilty of corrupt practice and also for cost etc. There is only one respondent in this election petition who is the returned candidate. The defeated candidate has not been made a party.

2. The election petitioner alleged in paragraph 6 of the petition that Nagaland ranks one of the most corrupt states in India where votes selling and buying with hard cash has become an established practice. The petitioner being a social worker felt it necessary to file election petition as according to her, the election of the returned candidate has been vitiated by wide spread commission of corrupt practice of bribery as defined under Section 123(1) of the Representation of the People Act, 1951 (hereinafter referred to as “the Act”) which, according to the election petitioner, was done by supporter and party workers of the returned candidate with his knowledge and consent and this is why the result of the election is liable to be declared void. It is stated in paragraph 7 of the election petition that Zhadima village consists of 13 clans. One Peter Kuotsu distributed money on 09.10.2014 at the rate of Rs. 3,000/- per vote at his residence between 7-8 P.M. and the money was given to the voters through five members representative of each clan who had assembled in his residence on the aforesaid date and time. Peter Kuotsu distributed money to the voters/electors of the constituency with the knowledge, consent and connivance of the returned candidate. At that time, one Medozhalie Loucii, one Khrielelie Loucii and one Neizolie Loucii received Rs. 3,78,000/- from Peter Kuotsu for 27 voters of Loucii clan. The other persons present there represented 12 clans and received money amounting to Rs. 3,000/- per vote and the entire incident was witnessed by Medozhalie Loucii, Khrielelie Loucii and Neizolie Loucii being present at the time of distribution of money. Thereafter, on 09.10.2014 at night, Medozhalie Loucii called and informed the election petitioner and asked her to take her share of money after having narrated the aforesaid event. On the following morning, one Diezelie Loucii, brother-in-law of the petitioner, came to Kohima and met her to offer Rs. 3,000/- given by Peter Kuotsu and asked her to vote for the returned candidate who also narrated to her about the entire incident of distribution of money by Peter Kuotsu. The petitioner did not receive the money and on 10.10.2014, she informed the incident to the Chief Electoral Officer of Nagaland and the same was received by the Joint Chief Electoral Officer of Nagaland. She also informed the incident to Mr. V.S. Sampath, the Chief Election Commissioner on the same day by e-mail and lodged complaint with the DGP, Nagaland with regard to the incident. She lodged an FIR with Officer-in-Charge of Chiephobozou Police Station on 11.10.2014 in writing. Thereafter, she came to know from a news item published on the Nagaland Post on 14.10.2014 that Income Tax Department was keeping surveillance over mov