R CHANDRAN Vs. M V MARAPPAN

JUDGEMENT

(1.) This appeal arises out of the election to the office of President of the Muthugapatti village Panchayat in Salem district of Tamil Nadu held on 31-7-1970 in which the appellant secured 1256 votes as against 1015 secured by the respondent and was declared elected. Thereupon the respondent filed an election petition before the Election Tribunal questioning the election. His contention was that the appellant had just completed 19 years of age and was therefore, incompetent to be elected as President. The Election Tribunal held that it was not established that the appellant was below 21 years of age. It was contended before the Election Tribunal on behalf of the appellant that once his name was found in the electoral rolls his election cannot be questioned on the ground that his age was below 21. Relying upon the decision of the Madras High Court in Viswanathan v. Rangaswamy, 1966-2 Mad LJ 560 the Election Tribunal rejected this contention, but as it had held in favour of the appellant on the question of age, it dismissed the election petition. On an application filed before the High Court of Madras by the respondent under Art. 227 of the Constitution to revise the order of the Election Tribunal, a learned Single Judge took the view that the age of the appellant was not above 21. He went further and held that his age was below 19 though the election petitioner himself had contended that he was just above 19 and had produced an extract purporting to be from the birth register of the village. According to the election petitioner the successful candidate's father had only two sons and the successful candidate was the second of them and the extract from the birth register related to him. According to the appellant his father had four sons, of whom he was the 3rd and he was aged 21. The learned Judge held by a process of reasoning, which is a little difficult to follow, that the extract from the birth register produced before the Court did not relate to the appellant but related to the appellant's elder brother and therefore the appellant was below 19. The High Court treated the matter as though it was dealing with a first appeal under section 96 C.P.C. and not its powers under Art. 227 of the Constitution. It did not deal with the question of law which would have been its legitimate province.

(2.) However, the important question for decision in this case is whether once a person's name is found in the electoral roll of the village panchayat it is open to the Election Tribunal or any other authority to question the fact that he was above the age of 21. The decisions of this Court which have held that in the case of an election to the Legislative Assembly the question of age could be gone into were only where Art. 173 of the Constitution was attracted and the candidate was not over 25 it was a breach of the constitutional provision. Otherwise, in respect of the voters whose names are found on the electoral roll, this Court has consistently taken the view that the question of their age cannot be gone into in a petition questioning an election.

(3.) In regard to elections to village panchayats either of members or of the president there is no constitutional provision laying down any age limit. Article 326 of the Constitution, which lays down the principle of adult suffrage, lays down that all persons over the age of 21 shall be entitled to vote. But that is because the article specifically says so; otherwise as pointed out by the Punjab and Haryana High Court in Roop Lal Mehta v. Dhan Singh, AIR 1968 Punj, 1 (FB), any person over the age of 18 would be an adult. That apart, the State Legislature is fully competent to legislate in respect of qualifications of voters and candidates for election to various local bodies in the State and there is no constitutional limitation on them so as to make adult suffrage a requisite for a valid provision of law. They can as well make any person over the age of 18 eligible to vote and stand for election or they might take a retrograde step and provide, as was the situation some years ago, that only rate payers can be voters or candidates for election. Therefore, decisions of various courts which held on the basis of Art. 326 of the Constitution that the age limit of 21 years is a requisite qualification for inclusion in the electoral rolls of those local bodies and names included in the roll otherwise would be non est are wholly unsustainable. Under this category come the decision of the Madras High Court, already referred to, as well as of the Andhra Pradesh High Court in C. Goverdhanreddy v. Election Tribunal, Baptla, AIR 1970 Andh Pra 56 (FB) and Kerala High Court in P. Kunhiraman v. R. Krishna Iyer, AIR 1962 Ker 190 (FB).