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1973 Supreme(SC) 148

D.G.PALEKAR, A.ALAGIRISWAMI
R. Chandran – Appellant
Versus
M. V. Marappan – Respondent


Judgment

ALAGIRISWAMI, J.:- This appeal arises out of the election to the office of President of the Muthugapatti village Panchayat in Salem district of Tamil Nadu held on 31-7-1970 in which the appellant secured 1256 votes as against 1015 secured by the respondent and was declared elected. Thereupon the respondent filed an election petition before the Election Tribunal questioning the election. His contention was that the appellant had just completed 19 years of age and was therefore, incompetent to be elected as President. The Election Tribunal held that it was not established that the appellant was below 21 years of age. It was contended before the Election Tribunal on behalf of the appellant that once his name was found in the electoral rolls his election cannot be questioned on the ground that his age was below 21. Relying upon the decision of the Madras High Court in Viswanathan v. Rangaswamy, 1966-2 Mad LJ 560 the Election Tribunal rejected this contention, but as it had held in favour of the appellant on the question of age, it dismissed the election petition. On an application filed before the High Court of Madras by the respondent under Art. 227 of the Constitution to revi

















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