N.HORANGSE vs M. TSUBONGS

The Supreme Court held that in an election petition alleging corrupt practices under Section 123(1), 123(3A), and 123(6) of the Representation of People Act, 1951, the burden of proof lies with the election petitioner. The Court found that the evidence presented by the petitioner was insufficient to establish the claims of corrupt practices, particularly regarding the distribution of gifts prior to the election. Consequently, the Court allowed the appeal, setting aside the lower court's decision that had invalidated the appellant's election.