Supreme Court of India · 1972-04-12
S. NARAYANASWAMI vs G. PANNERSELVAM & ORS.
- Citation / case number
- SC 1971/60251
- Court
- Supreme Court of India
- Petitioner
- S. NARAYANASWAMI
- Respondent
- G. PANNERSELVAM & ORS.
- Author
- SIKRI, S.M. (),GROVER, A.N.,RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH
- Bench
- SIKRI, S.M. (CJ),GROVER, A.N.,RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH
Judgment text excerpt
The Supreme Court held that Article 171 of the Constitution does not require a candidate for the Legislative Council from the Graduates' Constituency to be a graduate. The Court clarified that the electorate comprises individuals who elect, and does not necessitate that representatives possess the same qualifications as the electorate. Furthermore, Section 6 of the Representation of the People Act, 1951, stipulates that a candidate must be an elector in an Assembly constituency, but not necessarily a member of the electorate they represent. The High Court's decision to set aside the election was overturned, affirming the appellant's eligibility.