M.S. MENON, Ag. C.J.:- The question referred for decision by the Division Bench hearing the Election Appeal relates to the finality of the electoral roll before an Election Tribunal. The question in the words of the order of reference 7 is whether in the: case of a person whose name appears in the electoral roll and who has exercised his vote, the Election Tribunal can go into the question whether or not who had attained the age of twenty-one on the qualifying date, and, on the finding that he had not exclude his vote from the count, or whether under the scheme underlying the relevant provisions of the Constitution, of the Representation of the People Act, 1950, and of the Representation of the People Act 1951, the question of age is to be finally decided at the registration so that capacity or incapacity on that account is conclusively determined by inclusion in or exclusion from the roll.

2. The answer to the question depends essentially on the true scope and meaning of Article 326 of the Constitution.

"The elections to the House of the People or to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than, twenty-one years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice shall be entitled to be registered as a voter at any such election."

The opening words - the elections to the House of the People and to the Legislative Assembly or every State shall be on the basis of adult suffrage - are the words of prime importance. The words that follow the words "that is to say" can only be words of explanation of the words that go before.

3. The direction that the elections shall be on the basis of adult suffrage can mean one thing, and one thing alone; that the representative of the people shall be chosen on that basis. Suffrage means the right or privilege of casting a vote at an election; and adult suffarge - in the context of Article 326 - must mean that right or privilege as extended or confined to all adults who are (1) citizens of India; (2) not less than twenty-one years of age on the qualifying date fixed in that behalf; and (3) not otherwise disqualified under the Constitution or under any law made by the appropriate legislature on the ground of non-residence, unsoundness of mind crime or corrupt or illegal practice.

4. According to counsel for the appellant the right or privilege conferred by Article 326 is only "to be registered as a voter" at an election and not to vote there. It will be a mockery of the Constitution to hold that such is the case, and that what was given to the citizens of this country by the Constitution was the mere processual right of registration unaccompanied by the substantive right of voting. Battles have been fought for adult suffrage; and the success enshrined in Article 326 is certainly not the privilege of having ones name engrossed in a register; but the right to exercise ones preference as to who shall be the representative by casting a vote for that purpose. If the proper interpretation of Article 326 is as given above - I think it is -, the presence of minors in an electoral roll and their voting in consequence thereof will both be violative of the provisions of that Article.

5. Section 100 of the Representation of the People Act, 1951, provides the grounds for declaring an election to be void. Sub-section(1)(d)(iv) of that section is to the effect that if the Tribunal is of opinion that the result of the election, in so far as it concerns a returned candidate, has been materially affected "by any non-compliance with the provisions of the Constitution or of that Act or of any rules or orders made under that Act, the Tribunal shall declar