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1972 Supreme(Mad) 39

P.S.KAILASAM
P. Subramaniam – Appellant
Versus
S. Pachamuthu – Respondent


Advocates:
N. C. Raghavachari, N. S. Varadachari and K. Ramachandran, for Petitioner; K. Sarvabhauman and S. Narayanan, for Respondents.

ORDER :- The question that arises in this petition is whether a person who had been a voter in the roll of panchayat and had been elected as the President of the Panchayat could be disqualified by the election court on the ground that on the date of nomination he had not attained the age of 21. So far as the fact whether the petitioner has attained the age of 21 on the date of nomination, there is now no dispute for the findings of the lower court that the petitioner had not attained the age of 21 cannot be seriously disputed. Therefore the question arises whether on the finding that the petitioner had not attained the age of 21 years on the date of nomination and whether after his being elected as the President, he could be disqualified by the Election Court.

2. The preparation of the electoral roll for the panchayat is by incorporating the electoral roll for the assembly constituency, so far as the village, is concerned.

3. Article 326 of the Constitution provides that "the elections to the House of the People and 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 21 yea














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