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 citize