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august 2003

Supreme Court of India · 2003-08-19

PUNIT RAI vs DINESH CHOUDHARY

Citation / case number
SC 2002/25572
Court
Supreme Court of India
Petitioner
PUNIT RAI
Respondent
DINESH CHOUDHARY
Author
BRIJESH KUMAR
Bench
CJI,V.N.KHARE,BRIJESH KUMAR.

Judgment text excerpt

The Supreme Court upheld the dismissal of Election Petition No.2 of 2000, affirming the election of Dinesh Chaudhary as a candidate from a reserved constituency. The Court found that the Returning Officer's acceptance of Chaudhary's nomination was valid despite allegations regarding his caste status, as the evidence presented did not conclusively prove that he was ineligible to contest. The Court emphasized that the burden of proof lies on the petitioner to establish the ineligibility of a candidate under the Representation of the People Act, 1951, and upheld the principle that children of inter-caste marriages may be recognized as belonging to the Scheduled Caste of the mother.

PUNIT RAI vs DINESH CHOUDHARY · Niyam