S.K.Sen, C.J. - (1.) We have heard Shri B. B. Pandey, Shri Ravindra Singh, learned advocates for the petitioner and Shri R. P. Goel, learned Advocate General for the State and Shri Aditya Narayan, learned counsel for the State Election Commission.
(2.) Learned counsel for the petitioner has urged that nomination paper of the petitioner for the post of President has been wrongly rejected on the ground that he has not reached the age of 30 years which is a prescribed age for the post of President. He has also referred to Article 243 V of the Constitution of India which provides as follows : "243V. Disqualification for membership.--(1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality : (a) If he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned : Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years ; (b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualification mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide."
(3.) Relying upon the said Article, he has submitted that since he has attained the age of 21 years, the disqualification on the ground of age cannot be applicable to him. He has also referred to Article 243 ZF which provides as follows : "243ZF. Continuance of existing laws and Municipalities.--Notwithstanding in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-forth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier : Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.";