S.B.Capoor, J.

1. The question which has been referred to the Full Bench in -- "whether in the election petition made to the High Court under Section 80 read with Section 80-A of the Representation of the People Act No. 43 of 1951 (hereinafter referred to as the 1051 Act) as amended by the Representation of the People (Amendment) Act, 1966, some of the votes cast are open to challenge under Section 100 (1) (d) (iii) and (iv) of the Act on the ground that the persons so voting at the election were below the age of 21 years on the qualifying date". Section 100 contains the grounds for declaring election to be void and so far as relevant provides that if the High Court is of opinion ***** (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected -

(i)* * * * *

(ii) * * * * *

(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or

(iv) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act, then the High Court shall declare the election of the returned candidate to be void. The relevant provision of t