Back
AJAY RASTOGI, B. V. NAGARATHNA
Mohd. Abdullah Azam Khan – Appellant
Versus
Nawab Kazim Ali Khan – Respondent
| 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) |
JUDGMENT :
AJAY RASTOGI, J.
1. Instant appeal has been filed under Section 116A of the Representation of People Act, 1951 assailing the judgment and order dated 16th December, 2019 passed by the High Court of Judicature at Allahabad, holding the election of the returned candidate (appellant) from 34, Suar Assembly Constituency of District Rampur, as void and consequently came to be set aside.
Factual background of the case
2. The notification under the Representation of the People Act, 1951 (hereinafter referred to as “the Act 1951”) was notified for holding election of U.P. State Le
Failure to disclose accurate age disqualifies election candidates under Section 43-AA(b) of the Uttar Pradesh Municipalities Act, establishing the importance of truthful declarations and burden of pr....
Matriculation certificates are authoritative for age determination in election matters, unless contradicted by unimpeachable evidence.
The court upheld the disqualification of a Sarpanch candidate for having children after the statutory cut-off date, emphasizing the primacy of official records over private documents in determining e....
The court ruled that the Election Petition must be verified as per the Election Rules, and that birth certificates are admissible evidence, while Ration and Jan Aadhaar cards are not conclusive proof....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
