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.