These two cases raise certain interesting and important questions, particularly the competency of the State Legislature to enact Madras Act XIV of 1957, Prevention of Insults to National Honour Act (hereinafter referred to as the Act), and whether section 5 of the Act is invalid as violative of the fundamental rights guaranteed under Article 19(1)(a) and (1)(f) of the Constitution. A further question for consideration and one of some difficulty is, whether a conviction under section 5 of the Act for burning a copy of the Consititution taints a candidate for election as a member of a Panchayat under Madras Act XXXV of 1958 with moral delinquency, and under section 25(1) of the Panchayat Act disqualifies him for election. Another plea is raised that the disqualification as imposed under section 25(1) is discriminatory and offends Article 14 of the Constitution.

We shall first briefly set out the facts in the two cases. W.A. No. 260 of 1965 arises out of the election held in January, 1965 of members for the Namagiripet Town Panchayat, Salem District. The nomination of the appellant Tamizhazhagan, a voter in the electoral rolls for the Panchayat, was rejected by the Returnin