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.