P KUNHIRAMAN Vs. V R KRISHNA IYER

JUDGEMENT

(1.) THE question referred for decision by the Division Bench hearing the Election appeal relates to the finality of the electoral roll before an Election Tribunal. The question in -the words of the order of reference -- is whether in the-case of a person whose name appears in the electoral roll and who has exercised his vote, the Election Tribunal can go into the question whether or not who had attained the age of twenty-one on the qualifying date, and, on the finding Shat he had not. exclude his vote from the count, or whether under the scheme underlying the relevant provisions of the Constitution, of the Representation of the People Act, j. 950, and of the Representation of the People Act 1951, the ques-tion of age is to be finally decided at the regis-tration so that capacity or incapacity on that account is conclusively determined by inclusion in or exclusion from the roll.

(2.) THE answer to the question depends essentially on the true scope and meaning of Article 326 of the Constitution.

(3.) THE direction that the elections shall be on the basis of adult suffrage can mean one thing, and one thing alone; that the represents-tive of the people shall be chosen on that basis Suffrage means the right or privilege of casting a vote at an election; and adult suffarge -- in the context of Article 326 -- must mean that right or privilege as extended or confined to all adults who are (1) citizens of India; (2)not less than twenty-one years of age on the qualifying date fixed in that behalf; and (3) not otherwise disqualified under the Constitution or under any law made by the appropriate legislature on the ground of non-residence, unsoundness of mind crime or corrupt or illegal practice.