SUSHIL KUMAR vs RAKESH KUMAR

The Supreme Court, while adjudicating an appeal under Section 116-A of the Representation of People Act, 1951, upheld the dismissal of an election petition challenging the eligibility of a candidate on grounds of age. The Court clarified that the burden of proof lies on the petitioner to establish the age of the candidate, and found that the respondent had provided sufficient evidence to support his claim of being above 25 years as required under Article 173(b) of the Constitution. Consequently, the appeal was dismissed, affirming the election of the respondent.