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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ROHIT RANJAN AGARWAL
Ritu Devi – Appellant
Versus
State Of Up – Respondent
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 returned candidate regarding material suppression of fact as to her age mentioned in the educational certificate submitted along with nomination paper and disclosure of the age. An inquiry was set up by Additional District Magistrate (Finance and Revenue) on 18.05.2023 and directed the District Basic Education Officer to inquire into the correct age of returned candidate. On the same day, respondent no. 5 filed an election petition before District Magistrate, Ballia. On 23.05.2023, District Basic Education Officer, Ballia submitted his report wherein it was mentioned
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....
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....
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....
Voter identity card holds greater evidentiary value than school admission records in election disputes regarding age qualification for candidacy.
Election candidates must provide authentic documentation. Discrepancies in age and qualifications may lead to disqualification.
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