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january 1968

Supreme Court of India · 1968-01-19

LAXMAN SIDDAPPA NAIK vs KATTIMANI CHANIAPPA JAMAPPANNA & ORS.

Citation / case number
SC 1967/80
Court
Supreme Court of India
Petitioner
LAXMAN SIDDAPPA NAIK
Respondent
KATTIMANI CHANIAPPA JAMAPPANNA & ORS.
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court held that the burden of proof lies with the party challenging a candidate's community status once the nomination is accepted, as per Section 116-A of the Representation of the People Act, 1951. The Court found that the appellant, claiming to be a Nayaka, was entitled to contest for the reserved seat, as the evidence presented by the election petitioner was insufficient to prove that he was a Bedar. The appeal was allowed, reinstating the appellant's election, as the High Court's decision was based on a lack of evidence regarding the appellant's community status.

LAXMAN SIDDAPPA NAIK vs KATTIMANI CHANIAPPA JAMAPPANNA & ORS. · Niyam