Law: Representation of the People Act, 1976

Section: 68,69,70

(a) Representation of the People Act (LXXXV of 1976)--- ---S. 69---Ground for declaring a person other than a returned candidate, elected---Pre-requisites---Requirements of S. 69 of the Representation of the People Act, 1976---Claim to be declared as duly elected must be made either by the election petitioner or any of the respondents to the election petition, and that the person seeking such declaration should be able to substantiate and make out his case vis-a-vis his entitlement to the satisfaction of the Election Tribunal---Satisfaction should not be a subjective assessment of the Tribunal rather must be objective in manner based upon the evidence brought on the record by the candidate who claimed to be declared as duly elected, and justifiable reasons must be duly recorded and assigned in such behalf---Such declaration could not be made ipso facto or as a matter of right, rather, such person seeking a declaration would have to prove allegations made by him in the election petition on the strength of his own positive evidence. To seek a declaration under section 69 of the Representation of the People Act, 1976, the runner-up candidate had to prove on the strength of his own evidence his entitlement to be declared as duly elected. Syed Hafeezuddin v. Abdul Razzaq and others C.A. No. 1086 of 2014 ref. Runner-up candidate himself appeared as a witness and he produced and got exhibited his election petition which was to form his examination in chief. The other documents tendered in evidence by him were a certified copy of a complaint regarding the conduct of elections filed by his counsel to the Election Commission, a certified copy of an FIR pertaining to allegations vis-a-vis the elections and a certificate issued by a courier service company regarding verification of a receipt. Witness for the runner-up candidate, produced three documents which were a letter from the Additional Session Judge/Returning Officer stating that said witness has been deputed to produce documents pertaining to the election petition, and two complaints from the runner-up candidate to District Returning Officer, and Returning Officer respectively regarding certain anomalies in the…

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