( 1 ) BY this petition, the petitioner has challenged the election to the Rajya Sabha held on 27-6-1980.

( 2 ) ACCORDING to the petitioner, he wanted to contest the election for the Rajya sabha and for that purpose had filed the nomination paper. He filed his nomination paper on 23-6-1980 after depositing the security amount as required. According to him, on 25-6-1980 when the nomination papers were scrutinized the Returning Officer rejected the nomination paper of the petitioner on the ground that it was not properly filled in as it did not bear the signature of the proposer. Order not filed with the petition.

( 3 ) THE only ground urged in this petition by the petitioner is that Section 33 (1)of the Representation of the People Act which requires the nomination paper to be signed by one proposer who is an elector of the Constituency is unconstitutional as under Article 84 of the Constitution a citizen of India who holds the necessary qualifications prescribed in this article is entitled to contest the election to either House of Parliament. According to the petitioner, what right has been given under Article 84 has been taken away by Section 33 (1) of the Representation of the People Act. The Parliament while enacting Section 33 (1), exercising powers under Art, 327 of the Constitution had no authority to deprive the citizen of his right, which, according to the petitioner, vested in him under Article 84 of the Constitution of India.

( 4 ) THE petitioner, who is present in person, contended that the requirement of an elector to propose the name of the candidate as a proposer also goes against the principles of secret ballot as an elector who proposes the name of the candidate openly demonstrates that he proposed to vote for the candidate, although there is no provision in law of elections which requires a proposer to vote for the candidate proposed by him. According to the petitioner, this is also a ground on the basis of which the requirement under Section 33 (1) should be struck down, that is, it goes contrary to the secrecy of ballot. No other question was pressed.

( 5 ) ARTICLE 84 of the Constitution provides -

"84. A person shall not be qualified to be chosen to fill a seat in parliament unless he - (a) is a citizen of India, and snakes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the third Schedule;

(b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the House of the people, not less than twenty five years of age; and

(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. "

This article povides for the necessary qualifications for membership of the parliament. It does not provide the machinery or process of election. The process of election has not been specifically provided in the Constitution but article 327 empowers the Parliament to legislate on the subject of elections. Article 327 reads --"327. Subject to the provisions of this Constitution, Parliament may from time to time bylaw make provision with respect to all matters relating to, or in connection with, elections to either House of parliament or to the House or either House of the Legislature of a state including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses. "

This provisions clearly confers powers on the Parliament to legislate on all matters relating to or in respect of the hold-fag of elctions to the Parliament and also matters connected with the constitution of either House of Parliament. The language used in this article clearly confers wide authority on the parliament to make laws about the procedure and related matters of elections. It is no doubt true that Article 327 does talk of "subject