Mohd. Abdullah Azam Khan vs Nawab Kazim Ali Khan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1134

AJAY RASTOGI, B. V. NAGARATHNA
Mohd. Abdullah Azam Khan – Appellant
Versus
Nawab Kazim Ali Khan – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Kamal Mohan Gupta, AOR Mr. Amber Shehbaz, Adv. Mr. Gorakh Nath Yadav, Adv. Mohd. Aslam Khan, Adv.
For the Respondent(s): Mr. Aadil Singh Boparai, Adv. Mr. Sumeer Singh Boparai, Adv. Mr. Harsh Andani, Adv. Mr. Amarjeet Singh, AOR Mr. Robin Khokhar, AOR Mr. Ashok K. Mahajan, AOR

Table of Content
1. election dispute regarding age qualification. (Para 1 , 2 , 3)
2. contention of age qualification based on documented evidence. (Para 4 , 5 , 6)
3. allegations of wrongful age record manipulation. (Para 8 , 9 , 10)
4. arguments on evidential standards in age disputes. (Para 12 , 13 , 15)
5. analysis on burden of proof under the evidence act. (Para 16 , 17)
6. court's findings on documentary evidence discrepancies. (Para 22 , 30 , 31)
7. final judgment dismissing the appeal. (Para 51 , 52)

AJAY RASTOGI, J.

Factual background of the case

3. After scrutiny and withdrawal of nomination papers, the appellant and six others including the election petitioner were the candidates who remained in the field for election. It may be noted that before the Returning Officer, the respondent (election petitioner) filed an objection against the appellant alleging that he is less than 25 years of age and, therefore, is not qualified to contest the election in view of Article 173(b) of the Constitution. The objection was overruled by the Returning Officer and accordingly the election t

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2022 Supreme(SC) 1134

AJAY RASTOGI, B. V. NAGARATHNAMohd. Abdullah Azam Khan – AppellantVersusNawab Kazim Ali Khan – Respondent

AJAY RASTOGI, B. V. NAGARATHNA
Mohd. Abdullah Azam Khan – Appellant
Versus
Nawab Kazim Ali Khan – Respondent