Supreme Court of India

Mohd. Abdullah Azam Khan v. Nawab Kazim Ali Khan

Neutral citation
Bench Ajay Rastogi and B. V. Nagarathna JJ.
Decided 7 November 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

Summary of Conclusions: a) I am of the view that the appellant-successful candidate was not born on 30.09.1990 and was not twenty-five years old at the time of filing the nomination as the appellant has been unable to prove the said fact despite the voluminous oral and documentary evidence provided on record.

Judgment, page 89

From the headnote

Constitution of India, 1950 – Art.173(b) – Breach of – Qualification for membership of the State Legislature – Age criteria for contesting State Legislative Assembly elections – Discrepancy in date of birth – Burden of proof – Public documents – Probative value – Two different Birth Certificates of appellant showing date of birth at two different places and on two different dates, namely, one on 01.01.1993 at Rampur and another on 30.09.1990 at Lucknow – Elections took place for Uttar Pradesh State Legislative Assembly during January-March 2017 – Appellant was declared elected from the Suar…

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