MOHD. ABDULLAH AZAM KHAN versus NAWAB KAZIM ALI KHAN

MOHD. ABDULLAH AZAM KHAN versus NAWAB KAZIM ALI KHAN

The pre-2015 public documents and admissions by the appellant (school records, passport applications, passport, Nagar Palika Rampur birth certificate and GIS nomination form in mother’s service book) consistently recorded the appellant's date of birth as 01.01.1993 and had sufficient probative value under Section 35 of the Evidence Act; the 2015 Nagar Nigam/Lucknow birth certificate and hospital registers were issued without following the mandatory delayed-registration procedure, contained discrepancies/overwriting and could be interpolated, and the ossification test is not conclusive. On that basis the appellant was held to be under 25 on the relevant dates and his election was void.

Parties
Appellant: Mohd. Abdullah Azam Khan; Respondent (election Petitioner): Nawab Kazim Ali Khan
Jurisdiction
India
Judgment Date
07 November 2022
Procedural Posture
Civil Appeal No.104 of 2020 Under Section 116 a of the Representation of People Act, 1951 / Appeal to the Supreme Court; Final Judgment (appeal Dismissed)
Outcome
Appeal dismissed; election of appellant declared void and set aside
Legal Topics
Qualification for State Legislature (art.173(b)), Burden of Proof and Onus, Probative Value of Public Documents, Registration of Births and Delayed Registration Procedure, Evidentiary Value of Ossification Tests and Identity Documents
Constitutional Law Election Law Evidence Law Statutory Interpretation Qualification for State Legislature (art.173(b)) Burden of Proof and Onus Probative Value of Public Documents Registration of Births and Delayed Registration Procedure +1 more

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Parties

Mohd. Abdullah Azam Khan

Appellant

Nawab Kazim Ali Khan

Respondent (election Petitioner)

Procedural Posture

Civil Appeal No.104 of 2020 Under Section 116 a of the Representation of People Act, 1951 / Appeal to the Supreme Court; Final Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether the appellant had attained the minimum age of 25 years under Article 173(b) on relevant election dates
  2. 2 What probative value should be attached to pre-2015 public documents (school certificates, passports, municipal birth certificate) recording date of birth as 01.01.1993
  3. 3 Whether the duplicate birth certificate issued by Nagar Nigam, Lucknow on 21.01.2015 and hospital records relied on by appellant are valid and admissible

Ratio Decidendi

The pre-2015 public documents and admissions by the appellant (school records, passport applications, passport, Nagar Palika Rampur birth certificate and GIS nomination form in mother’s service book) consistently recorded the appellant's date of birth as 01.01.1993 and had sufficient probative value under Section 35 of the Evidence Act; the 2015 Nagar Nigam/Lucknow birth certificate and hospital registers were issued without following the mandatory delayed-registration procedure, contained discrepancies/overwriting and could be interpolated, and the ossification test is not conclusive. On that basis the appellant was held to be under 25 on the relevant dates and his election was void.

Court Disposition

Appeal dismissed; election of appellant declared void and set aside

Orders

  • Appeal dismissed
  • Election of Mohd. Abdullah Azam Khan declared void and set aside