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Supreme Court of India 2022-11-07 dismissed

MOHD. ABDULLAH AZAM KHAN vs NAWAB KAZIM ALI KHAN

Bench: 2 — Ajay Rastogi, B.V. Nagarathna

In Brief

The Supreme Court dismissed an appeal by the elected candidate to the Uttar Pradesh Legislative Assembly, upholding the High Court's decision to set aside his election. The central issue was the appellant's date of birth: he claimed 30 September 1990 (making him 25+ years old and eligible), while evidence suggested 1 January 1993 (making him underage). The Court found that school records, passports, and official documents consistently showed 1993 until 2015, when he sought a "corrected" birth certificate from a hospital. The hospital records had discrepancies, overwriting, and lacked proper authentication. The Court rejected his defense as fabricated and held that a parent's admission in a 2001 Group Insurance form stating his age was 8 years conclusively proved his 1993 birth year. The election was rightly set aside for breach of Article 173(b) eligibility requirements.

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Constitutional Law Election Law Evidence Age/Eligibility Burden of Proof Documentary Evidence Electoral Disqualification Registration of Birth and Death

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