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2024 Supreme(All) 2425

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ROHIT RANJAN AGARWAL
Ritu Devi – Appellant
Versus
State Of Up – Respondent


Advocates Appeared:
For the Petitioner: Ankur Jaiswal, Sangam Singh, Vinayak Mithal.
For the Respondents: Ajeet Kumar Singh, C.S.C., Tarun Agrawal, Udai Chandani.

Table of Content
1. facts establishing election timeline and controversies. (Para 1 , 2)
2. challenges against election and evidential sufficiency. (Para 3 , 4 , 5 , 6 , 7)
3. procedural requirements for election qualifications. (Para 18 , 19 , 20 , 21)
4. burden of proof in election qualifications. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31)
5. aadhaar card not valid proof of age. (Para 34 , 35 , 36)
6. implications of disqualification on election results. (Para 39 , 40 , 41)
7. final orders regarding election outcome and fresh elections. (Para 42 , 43 , 44)

JUDGMENT :

Rohit Ranjan Agarwal, J.

1. Petitioner, before this Court, was elected as Chairman in Nagar Panchayat-Maniyar, Pargana-Khareed, District-Ballia, for which the election for Nagar Panchayat was notified by State Election Commission on 17.04.2023. Nomination by candidates was to be made between 24.04.2023 to 27.04.2023. Votes were casted on 11.05.2023, and counting was held on 13.05.2023. Petitioner was declared as a returned candidate on 13.05.2023 and a certificate was issued.

2. On 16.05.2023, election petitioner/respondent no. 5 moved an application/complaint before District Magistrate/Election Officer against retu

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