P SUBRAMANIAM Vs. S PACHAMUTHU

JUDGEMENT

(1.) THE question that arises in this petition is whether a person who had been a voter in the roll of panchayat and had been elected as the President of the Panchayat could be disqualified by the election court on the ground that on the date of nomination he had not attained the age of 21. So far as the fact whether the petitioner has attained the age of 21 on the date of nomination, there is now no dispute for the findings of the lower court that the petitioner had not attained the age of 21 cannot be seriously disputed. Therefore the question arises whether on the finding that the petitioner had not attained the age of 21 years on the date of nomination and whether after his being elected as the President, he could be disqualified by the Election Court.

(2.) THE preparation of the electoral roll for the panchayat is by incorporating the electoral roll for the assembly constituency, so far as the village, is concerned.

(3.) ARTICLE 326 of the Constitution provides that "the elections to the House of the people and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than 21 years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election. " The one specific requirement under this Article is that the person should not be less than 21 years of age. Therefore, the inclusion of the petitioner's name in the Assembly roll is not in accordance with the requirement of Article 326 of the Constitution of India. The provisions that relate to the preparation and publication of electoral roll and qualification for inclusion therein are incorporated in S. 20 of the Panchayats Act. Section 20 (1) as amended under Tamil Nadu Act 6 of 1968 is that every person who is qualified to be included in such part of the Electoral roll for any Assembly constituency as relates to the village or town or any portion of the said village or town shall be entitled to be included in the electoral roll for the Panchayat, and no other person shall be entitled to be included therein. Whatever the position might have been before the amendment after the amendment only persons that are entitled to be inclined in the electoral roll are those who are qualified to be included and the section also provides that no other person shall be entitled to be included therein. This section would therefore disentitle the person to be included in the roll of the Panchayat unless he is qualified to be included in the Assembly roll and therefore the inclusion of the petitioner's name in the electoral roll of the panchayat is not in accordance with Section20 (1) of the Act.