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Supreme Court of India

Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and Ors.

Neutral citation
Reported as [2020] 7 S.C.R. 180
Bench R.F. Nariman, S. Ravindra Bhat and V. Ramasubramanian JJ.
Decided 14 July 2020

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16 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, the decision of the Madras High Court in K. Ramajyam (supra), which states that evidence aliunde can be given through a person who was in-charge of a computer device in the place of the requisite certificate under Section 65B(4) of the Evi dence Act is also an incorrect statement of the law and is, accordingly, overruled.

Judgment, page 64

From the headnote

Evidence Act, 1872 – ss.3, 22A, 45A, 61-65, 65A, 65B, 136 – Interpretation of s.65B – Electronic records – Admi ssibility of – Appellant’s election challenged on the ground that his no mination papers having been filed after the stipulated time ought to have been rejected – Respondents relied on video camera reco rdings of the office of Returning Officer (RO) – Video record ings produced by Election Commission without requisite certificate u /s.65- (4) – However, admitted in evidence by High Court, relyin g upon oral evidence of RO in cross examination – Election of t he appellant declared

Authorities it was built on

Where later benches applied it

Of those, 4 relied on · 4 referred to · 8 mentioned

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