Supreme Court · 2010 INSC 578 · Decided 7 September 2010
M. Chandra v. M. Thangamuthu & ANR.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 578 · [2010] 11 S.C.R. 38
- Case number
- CIVIL APPEAL No. 7284/2008
- Decided
- 7 September 2010
- Bench
- D.K. JAIN, H.L. DATTU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 341
Headnote
F [2010] 11 S.C.R. 38 M. CHANDRA v. M. THANGAMUTHU & ANR. (Civil Appeal No. 7284 of 2008) SEPTEMBER 7, 2010 [D.K. JAIN AND H.L. DATIU, JJ.) Election laws: Election on a seat reserved for Scheduled Caste - Challenged on the ground that the returned candidate was a Christian and not belonging the election as void on the ground that returned candidate failed to discharge the burden placed on her - Propriety of - Held: In an election petition, the burden lies on the election petitioner to prove the charges made against the returned candidate - High Court erred in shifting the burden of
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