Judgment

BEG, J.:- This is an appeal under Sec. 116-A of the Representation of the People Act, 1951. The appellant s election, held on 11-4-1970, to the Madras Legislative Council from the Madras District Graduates Constituency was set aside by a learned Judge of the Madras High Court who decided all the issues except one in favour of the appellant. The only issue decided against the appellant, which is now before us, was framed as follows:

"Whether the first Respondent was not qualified to stand for election to the Graduates Constituency on all or any of the ground set out by the petitioner in paragraphs 7 to 9 of the election Petition ?"

2. Paragraph 7 to 9 of the election petition against the appellant are lengthy, prolix and argumentative. The case and the contentions of the Respondent G. Panneerselvam, the petitioner before the High Court, which were accepted by the High Court, may be summarised as follows:

3. Firstly the whole purpose of Article 171 of the Constitution was to confer a right of "functional representation" upon persons possessing certain educational or other qualifications so that the Appellant Narayanaswami, who had only passed the High School Leaving Examinatio