SUSHIL KUMAR versus RAKESH KUMAR

SUSHIL KUMAR versus RAKESH KUMAR

On assessment of materials and circumstantial evidence, the respondent was not above 25 years of age on the nomination filing date, thus constitutionally disqualified; nomination and subsequent election are void even if nomination was accepted; High Court judgment cannot stand.

Parties
Appellant: Sushil Kumar; Respondent: Rakesh Kumar
Jurisdiction
India
Judgment Date
16 October 2003
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed; election of respondent declared void
Legal Topics
Minimum Age Qualification, Disqualification of Candidates, Burden of Proof, Admissibility of Public Records
Constitutional Law Election Law Minimum Age Qualification Disqualification of Candidates Burden of Proof Admissibility of Public Records

Case Brief

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Parties

Sushil Kumar

Appellant

Rakesh Kumar

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the respondent was above 25 years of age on the date of filing nomination as required by Article 173(b) of the Constitution of India and Section 36(2) of the Representation of the People Act, 1951
  2. 2 Whether the election of an under-aged candidate is void despite acceptance of nomination
  3. 3 Whether school admission register and transfer certificate satisfy requirements of Section 35 of Indian Evidence Act

Ratio Decidendi

On assessment of materials and circumstantial evidence, the respondent was not above 25 years of age on the nomination filing date, thus constitutionally disqualified; nomination and subsequent election are void even if nomination was accepted; High Court judgment cannot stand.

Court Disposition

appeal allowed; election of respondent declared void

Orders

  • Impugned judgment set aside
  • Election of respondent from 181 Parbatta Assembly Constituency declared void and set aside