G NARAYANASWAMI Vs. G PANNERSELVAM

JUDGEMENT

(1.) This is an appeal under Sec. 116-A of the Representation of the People Act, 1951. The appellant's election, held on 11-4-1970, to the Madras Legislative Council from the Madras District Graduates' Constituency was set aside by a learned Judge of the Madras High Court who decided all the issues except one in favour of the appellant. The only issue decided against the appellant, which is now before us, was framed as follows:

(2.) Paragraph 7 to 9 of the election petition against the appellant are lengthy, prolix and argumentative. The case and the contentions of the Respondent G. Panneerselvam, the petitioner before the High Court, which were accepted by the High Court, may be summarised as follows:

(3.) Firstly the whole purpose of Article 171 of the Constitution was to confer a right of "functional representation" upon persons possessing certain educational or other qualifications so that the Appellant Narayanaswami, who had only passed the High School Leaving Examination and was not a Graduate, could not be elected as all to the Legislative Council from the Graduates' Constituency; secondly, it would be absurd and destructive of the very concept of representation of especially qualified persons that an individual who does not possess the essential or basic qualification of the electors should be representative of those who are to be represented because of this special qualification of theirs; and thirdly, the Constitution, being an organic instrument for the goverance of the land must be interpreted in a particularly broad and liberal manner so as to give effect to the underlying principles and purposes of the system of representation sought to be set up by it and not in such a way as to defect them. Hence, the educational qualification of the electors should be read into the system of representation set up by the Constitution for Legislative Councils as a necessary qualification of candidates in such constituencies.