Supreme Court of India · 1964-02-05
BRIJ MOHAN SINGH vs PRIYA BRAT NARAIN SINHA AND ORS.
- Citation / case number
- SC 1964/90265
- Court
- Supreme Court of India
- Petitioner
- BRIJ MOHAN SINGH
- Respondent
- PRIYA BRAT NARAIN SINHA AND ORS.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that the burden of proof regarding the appellant's age under Article 173 of the Constitution lies with the respondent, who failed to establish that the appellant was under 25 years at the time of nomination. The Court ruled that an entry in an official record made by an illiterate person does not fall under Section 35 of the Evidence Act, thus rendering it inadmissible. Furthermore, the respondent could not prove the publication of defamatory leaflets attributed to the appellant, affirming the Election Tribunal's decision that no corrupt practice was established under Section 123(4) of the Representation of the People Act.