ROOP LAL MEHTA Vs. DHAN SINGH

JUDGEMENT

(1.) THE question which has been referred to the Full Bench in -- "whether in the election petition made to the High Court under Section SO read with Section SO-A of the Representation of the People Act No. 43 of 1951 (hereinafter referred to as the 1051 Act) as amended by the Representation of the People (Amendment) Act, 1966, some of the votes cast are open to challenge under Section 100 (1) (d) (iii) and (iv) of the Act on the ground that the persons so voting at the election were below the age of 21 years on the qualifying date". Section 100 contains the grounds for declaring election to be void and so far as relevant provides that if the

(2.) MR. P C. Jain who appears on behalf of the petitioner in the election petition, in which the challenge to some of the votes cast at the impugned election to the Legislative Assembly. Haryana, was made on the ground of voters being below the age of 21, seeks to interpret the constitutional provision as containing a prohibition to any one less than 21 years of age on the qualifying date from voting in the election according to his submission, it is a void vote within Sub-clause (iii) above and is also in breach of the provisions of Article 326 of the Constitution. He supported his argument by reference to the Full Bench decision of the Kerala High Court P. Kunhiraman v. V. R. Krishna Iyer, AIR 1962 Ker 190 (FB ).

(3.) ARTICLE 327 of the Constitution of India is with regard to the power of Parliament to make laws with respect to all matters relating t o, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses. Under Article 328, in so far as provision in that behalf is not made by Parliament, the Legislature of a State may also make provision in connection with matters relating to the elections to the House or either House of the Legislature of the State (but not the delimitation of the constituencies ). In pursuance of the powers conferred by Articles 326 and 327 of the Constitution, the Parliament promulgated the Representation of the People Act No. 43 of 1950 (hereinafter referred to as the 1950 Act), which, as the long title would indicate, makes provision for the allocation of seats in, and the delimitation of constituencies for the purpose of elections to, the House of the People and the Legislatures of States, the qualifications of voters at such elections, the preparation of electoral rolls, the manner of filling seats in the Council of States to be filled by representatives of Union Territories and matters connected therewith. The 1951 Act, according to the long title, provides for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications ana disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. Part III of the 1950 Act contains the pro visions for the preparation of electoral rolls for Assembly constituencies. Clause (b) of Section 14 defines the qualifying date in relation to the preparation or revision of every electoral roll as the first day of January of the year in which it is so prepared or revised. Section 16 contains the disqualifications for registration in an electoral roll, which are as follows : --