Law: Representation of the People Act, 1976

Section: 14(5),99(cc)

Law: Conduct of General Elections Order (7 of 2002)

Section: 8A

(a) Representation of the People Act (LXXXV of 1976)--- ----S. 99(cc)---Conduct of General Elections Order (7 of 2002), Art.8-A---Qualifications and disqualification---Doubtful and suspicious graduate qualification cannot discharge the positive obligation cast on candidate by S.99(cc) of the Representation of the People Act, 1976 to establish his qualification of eligibility to contest the general election---Burden to prove a valid and subsisting qualification lies on the candidate and not on the objector to prove otherwise. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 99(cc)---Conduct of General' Elections Order (7 of 2002), Art.8-A---Qualifications and disqualifications---Date of nomination for election to be the crucial date for testing the qualification of a candidate---Degree of being graduate by the candidate having been presented on record of the court after the said date was inconsequential unless the delay was not duly explained---Degree, in the present case, lacked factual and legal substance and was meant to remove a legal lacuna caused by the terms of the statutory disqualification which required a candidate for election to possess a graduate degree---Said degree was not backed by any course of instruction undertaken by the candidate at any institution---Candidate did not possess a qualification of eligibility for obtaining a B.A. degree from any University---Statement at bar by the counsel of candidate contradicted his documentary version about the alleged examination centre of the candidate and thus cast doubt that the candidate ever sat for B.A. Examination---Degree was claimed by the candidate as a private student; a status that was not recognized by the Higher Education Commission which fact was established by the correspondence of the Commission and was unequivocally reinforced in the statement of the Director of the Commission---Graduate qualification claimed by the candidate, in circumstances, lacked equivalence and recognition by the Higher Education Commission---Candidate's detailed marks certificate, Provisional Certificate and B.A. degree, in circumstances, were pieces of paper that failed to satisfy the requirement of…

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