https://www.taxtmi.com/caselaws?id=181845 In election disputes over improper rejection of a nomination, the election court must decide the controversy on merits as an original proceeding and may receive evidence on the genuineness of the proposers' signatures; confining review to the Returning Officer's decision-making process is erroneous. The Returning Officer must apply the statutory presumption that a nomination is valid unless a prima facie contrary case is made out, and may not shift the burden onto the candidate or demand conclusive proof at the scrutiny stage. A supposed concession by counsel could not bar the candidate from adducing evidence on signature genuineness. The High Court's judgment was set aside and the matter remitted for fresh disposal on merits. en-us Fri, 15 May 2009 00:00:00 +0530 Sat, 14 Oct 2023 13:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=181845 In election disputes over improper rejection of a nomination, the election court must decide the controversy on merits as an original proceeding and may receive evidence on the genuineness of the proposers' signatures; confining review to the Returning Officer's decision-making process is erroneous. The Returning Officer must apply the statutory presumption that a nomination is valid unless a prima facie contrary case is made out, and may not shift the burden onto the candidate or demand conclusive proof at the scrutiny stage. A supposed concession by counsel could not bar the candidate from adducing evidence on signature genuineness. The High Court's judgment was set aside and the matter remitted for fresh disposal on merits. Case-Laws Indian Laws Fri, 15 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=181845