CHINTHAM RAMAKOTAMMA Vs. NARELLA ANJAMMA

JUDGEMENT

(1.) Ward No. 7 of Bodduvariapalem Panchayat is a constituency reserved for women. The election on 15-6-1970 resulted in the success of the petitioner by the narrowest of margins, i.e., of a single vote. There was a third candidate but she withdraw leaving the filed clear for a straight contest between the petitioner and the first respondent of whom the petitioner is the sister of the 1st respondents husband. The petitioners mother ranged herself against her daughter and gave evidence in support of the daughter-in-laws case. Petitioners election was successfully challenged in a proceeding before the Tribunal on the ground that she had not attained the age of twenty one years and lacked the franchise which is the pre-requisite for seeking election.

(2.) Before the Tribunal the respondent (the parties will be referred to according to their rank in the writ petition) relied on Ex. A-1, purporting to be an extract from the Register of births as also on the evidence of P. W. 1.

(3.) In support of the writ petition Mr. Venkata Ramanareddy urged that the tribunals finding that the petitioner was less than 21 years of age at the material time is perverse or unsupported by evidence. Secondly he submitted that the entry in the register of voters is conclusive and in an election petition it is not competent for the tribunal to inquire into or adjudicate on the validity of the entry in the register.