SARKARIA, J. - (1.) THE basic facts giving rise to these appeals being common, the same will be disposed of under one judgment.
(2.) NOTICE calling for nominations to be filed before 3 P.M. on 11-3-1974, for filling six vacancies to the Rajya Sabha from the State of Tamil Nadu in the biennial elections was issued on 4/03/1974. Eleven candidates filed their nominations. On scrutiny which was held on 12/03/1974, all those nominations were found to be valid. On 14-3-1974, which was the last date fixed for withdrawal, three candidates withdrew their nominations leaving eight in the field. The poll was held on 21-3-1974. Counting of votes took place on the same date. The result was published according to which, the contesting candidates secured the votes noted against their names as follows : JUDGEMENT_540_3_1977Html1.htm The requisite quota to secure the election of candidate was fixed at 22,400+1=3201 6+1 and candidates mentioned at serial Nos. 1, 2, 4, 6, 7 and 8 were declared elected. Two Election Petitions were filled by the unsuccessful candidates. Election Petition 1 of 1974 was filed by Shri R. Mohan Rangam and Election Petition 2 of 1974 by Shri V. Subrahmanyan. The petitioners prayed that the election of Shri D. C. John be declared void and set aside under S. 100 of the Representation of the People Act, 1951. Each of the petitioners claimed that in the event of Shri John's election being set aside, he be declared elected under S. 101 of the Act. In addition to the Returning Officer, the Electoral Registration Officer, the Electoral Registration Officer and the Chief Election Commissioner, all the seven contestants were impleaded as respondents.
(3.) THE election of Shri John was assailed on the ground that on 9/03/1974, the date of the scrutiny of his nomination, he was less than 30 years' of age and as such, did not possess the qualification as to age laid down in Art. 84 (b) of the Constitution. On these premises it was pleaded that the nomination of Shri John was improperly accepted and in consequence thereof, the result of the election has been materially affected. A recriminatory petition No. 1/74 under Sec. 97 read with S. 83 of the Act was also filed by Shri V. Subrahmanyan, petitioner in E.P. 2/74 opposing Mohana Rangam's relief for declaration under S. 101. The recriminator alleged that since the petitioner in E.P. 1/74 had not secured any vote he, in the event of the election of Shri John being set aside, was entitled to be declared elected in the place of Shri John.;