Prove of Signature- Election
Querist :
Anonymous
(Querist) 20 January 2011
This query is : Open
Dear Sir,
I am respondent in an Election Petition, I have won Election, now Election Petition has been filed challenging rejection of nomination. In my reply to Election Petition i have taken a plea that, the Election Petition is liable to be rejected on the ground that the Signature of the Petitioner on Election Petition and on the Nomination Form do not tally.
The Petitioner in his statement has said : Election Petition as well as on Nomination Paper bears his signature.
But from bare perusal of the signature on the Election Petition and Nomination Parer would reveal that both signature are not of his. therefore Election Petition is liable to be rejected
I have moved an application before the Court under Section 45 and 73 of the Indian Evidence Act for getting the handwriting of the Petitioner examined by Handwriting Expert.
The Court is of the Opinion that since the Petitioner has said that he has signed both document therefore it is not necessary to get it examined by the Handwriting Expert.
Can you please help me and answer my query
1. Whether a Defendant can call an expert to show that the two document are not signed by one and the same person ?
2. Whether a statement of the Petitioner is sufficient to show that both signature are of his?
please help
