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1967 Supreme(AP) 217

Andhra Pradesh High Court
Judges : A.SAMBASIVA RAO, ALLADI KUPPUSWAMI, P.JAGMOHAN REDDY
CHIRALA GOVERDHANA REDDY - Appellant
Versus
ELECTION TRIBUNAL BA ATLA, GUNTUR DISTRICT - Respondent
Decided On : 12-27-67

EKBOTE, J.

( 1 ) A short but important question which is raised in both these writ petitions is whether the Election Tribunal constituted under the Andhra pradesh Gram Panchayats Act (hereinafter called the Act) can enquire into the age of a candidate in order to find out whether he was qualified to stand as a candidate on the date of nomination. It is argued by the learned Advocate for the petitioner that for the pur. poses of election under the Act the Assembly electoral rolls are adopted as the basis, that such draft electoral rolls are published and thirty days time is given for any objections. The final electoral roll, however could incorporate only such alterations or amendments as are necessary for the purposes of bringing it into accord with the electoral roll for the relevant Assembly constituency as it stands on the date of the expiry of the said thirty days. According to section 14 of the Act, the final electoral roll thus published shall be the electoral roll for the Gram Panchayat which shall be divided into as many parts as there are constituencies. Every person whose name appears in the part of the electoral roll relating to a constituency, subject to the other provisions of the Act, is en. titled to vote at any election which takes place in the constituency while the electoral roll remains in force and no person whose name does not appear in such part of the electoral roll can vote at any such election. Under section 16 no person is qualified for election as a member of a Gram Panchayat unless his name appears on its electoral roll. It is therefore contended that such electoral roll is final and conclusive. A person whose name is entered in the list is qualified to stand as a candidate. The Election Tribunal therefore has no jurisdiction to make any enquiry in regard to the age of a candidate nor if it is found that he is below 21 years can it disqualify him from contesting the election.

( 2 ) IT is however, conceded that objections under sections 17, 18 and 19 in regard to the disqualification of any candidate can be enquired into by the tribunal. As the Act does not prescribe the qualification of age but adopts the Assembly roll as the basis for election, it is not competent for the Tribunal to go gehind the roll. It is however contended on behalf of the respondents that the very fact that the Assembly roll is adopted for the purposes of the Gram Panchayat election brings with it the objections which can be raised to the qualification as well as disqualification of a voter as also in regard to a candidate. It is contended that under Article 326 of the Constitution the election to the House of the People and the Legislative Assembly shall be on the basis of adult sufrage, that is to say every person who is a citizent of India and was not less than 21 years of age on such date as may be fixed in that behalf shall be entitled to be registered as a voter at any such election. Electoral rolls are therefore prepared keeping in view this provision of the Constitution A person woo is not of 21 years of age has no right to vote under that Article, as his name cannot be entered in the electoral roll Under Article 173 of the Constitution a person is not qualified to be chosen as a member of the Legislative Assembly unless he is not less than 25 years of age, and in the case of Legislative council not less than 30 years of age. According to the Representation of the People Act, 1950 (hereinafter called the 1950 Act) for every constituency an electoral roll has to be prepared. Section 16 of that Act mentions disqualifications for registration in an electotal roll. A person according to that section shall be disqualified for registration in an electoral roll if he is not a citizen of India, or is of unsound mind, or is disqualified under the provisions of any law relating to corrupt practices. What is therefore contended is that In order to get one s name included in an electoral roll he must not only possess qualificatio

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