Evidentiary Value of Voter/Electoral List


Surendranath Das vs Sachi Dei And Ors., II (1992) DMC 375 (Orissa High Court, 1992)

It is true that there is presumption of correctness of a voter list. This presumption, however, can be rebutted by other evidence which may be direct or circumstantial.Entry in voters’ list does not create any relationship nor does it destroy existing relationship. It is only a piece of corroborative evidence.

Susil Kumar vs. Rakesh Kumar, AIR 2004 SC 230D (Supreme Court, 2004)

Date of birth contained in the voter list and the Election Identity Card are recorded as per the statement made by the person concerned and as such are not conclusive proof of date of birth.

Kamini Das vs. Upendra Biswal and Ors., 2006 (1) OLR 16 (Orissa High Court, 2006)

Entry of age or other description in the voter list of a person is not conclusive proof of such age or status, but that is probative evidence with rebutable presumption.

Babloo Pasi vs. of Jharkhand and Anr., (2008) 13 SCC 133 (Supreme Court, 2008)

In the absence of evidence to show on what material the entry in the Voters List in the name of the accused was made, a mere production of a copy of the Voters List, though a public document, in terms of Section 35 (of the Evidence Act), was not sufficient to prove the age of the accused.

Ram Kripal alias Chirkut & Another vs. Deputy Director of Consolidation & Ors., 2012 (2) ADJ 13 (Allahabad High Court , 2012)

The voter-list is prepared on the statement and particulars furnished by such person. It is in the nature of self serving evidence. It is not safe to place much reliance upon it.

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