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august 1988

Supreme Court of India · 1988-08-02

BIRAD MAL SINGHVI vs ANAND PUROHIT

Citation / case number
SC 1987/70978
Court
Supreme Court of India
Petitioner
BIRAD MAL SINGHVI
Respondent
ANAND PUROHIT
Author
K.N. SINGH
Bench
K.N. SINGH

Judgment text excerpt

The Supreme Court held that under Section 33(5) of the Representation of the People Act, 1951, the Returning Officer must be satisfied about a candidate's eligibility without conducting an elaborate inquiry. The Court ruled that the onus of proving eligibility lies with the candidate, and the Returning Officer is not obligated to verify electoral rolls. It was determined that the rejection of nomination papers based on age must consider evidence such as school records, but such entries have limited evidentiary value without supporting material. The Court ultimately upheld the High Court's decision to set aside the election results due to improper rejection of nominations.

BIRAD MAL SINGHVI vs ANAND PUROHIT · Niyam