Law: Representation of the People Act, 1976

Section: 78(3)(d)

Law: Representation of the People Act, 1976

Section: 78(3)(d)

(a) Representation of the People Act (LXXXV of 1976)-------S. 78(3)(d)---Election petition---Educational qualification/degree allegedly obtained by way of impersonation---Proof---Allegation against winning candidate (respondent) was that she procured a fabricated degree of Bachelor of Arts (B.A.) from a University by arranging for some other lady to sit for the examination in her place, and hence her election was liable to be declared as void---Plea on behalf of petitioner that during her cross-examination winning candidate was unable to recall correctly the subjects that she had offered and the content of the subjects that she studied to take the examination, which established that somebody else sat in her place during the examination; that she did not exactly remember which books she had read and which paper carried how many marks; that her photograph on the admission form as well as the roll number slip was not her photograph but that of a different lady, and that her signatures on the admission/registration form differed from her signatures on other documents---Validity---Specific allegation made by the petitioner in the present petition was that there was neither an application form nor registration record or any other record indicating that winning candidate actually sat for the examination, thus, she procured a fake and bogus degree, and that the record, if any, available with the University was falsely created under direct and unlawful influence of the winning candidate's husband---Subsequently during course of trial petitioner changed his stance from fabrication of the record and absence of application form and registration record to a case of impersonation---Allegation of impersonation was levelled by the petitioner against the winning candidate for the first time in the year 2002 by way of an application before the University---Said charges were not proved and after due inquiry in which both parties participated, the degree of winning candidate was found to be valid and the charge of impersonation was found to be baseless by a committee of the University---Said proceedings were not only initiated by the petitioner but he also participated in the same…

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