M. N. CHANDURKAR

Question raised in this appeal though rather unusual is a very substantial one and question is whether even when the High is satisfied that a person who does not the basic constitutional and statutory qualification for being elected as a of the Legislative Assembly, the High a powerless to prevent him from performing his functions as a member of the Legislative Assembly only on the ground that no one has chosen to challenge his election to the Legislative assembly by filing an election petition under S.80 of the Representation of the People Act, 1951 (hereinafter referred as the Act).

2. General elections to the Legislative Assembly in Tamil Nadu took place in December, 1984. The respondent 1 filed his nomination paper for election as a Member of the Legislative Assembly from 159 Lalgidi Assembly Constituency. On, 27-11-1984, the proposer has stated in the nomination paper that the first respondent's name has been entered at S. No. 120 in part 9 of the electoral roll for the Lalgudi Assembly Constituency. In all, there are four nomination papers filed and in all these papers while setting out the particulars of the first respondent as given in the elector