Supreme Court of India
Mohd. Abdullah Azam Khan v. Nawab Kazim Ali Khan
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What the Court ordered
Summary of Conclusions: a) I am of the view that the appellant-successful candida te was not born on 30.09.1990 and was not twenty-five years old at the time of filing the nomination as the appellant has been unable to prove the said fact despite the voluminous oral and documentary evidence provided on record.
Judgment, page 89
From the headnote
Constitution of India, 1950 – Art.173(b) – Breach o f – Qualification for membership of the State Legislature – Age criteria for contesting State Legislative Assembly elections – Discrepancy in date of birth – Burden of proof – Public documents – Probative value – Two different Birth Certificates of appellan t showing date of birth at two different places and on two different dat es, namely, one on 01.01.1993 at Rampur and another on 30.09.19 90 at Lucknow – Elections took place for Uttar Pradesh State Leg islative Assembly during January-March 2017 – Appellant was declared elected from the
Authorities it was built on
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- 2012 Joshna Gouda v. Brundaban Gouda & Anr.
- 2001 Updesh Kumar v. Prithvi Singh and Ors.
- 2010 Satpal Singh v. State of Haryana
- 1985 Ram Singh & Ors. v. Col. Ram Singh
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