On this short ground his election was set aside and the Election Petitions were accepted pro tanto.
P 5 the transfer certificate issued by the St. Xaviers High School.
The recriminator alleged that since the petitioner in E.P. 1/74 had number secured any vote, he.
This documentary evidence includes numberless than a dozen previous admissions and declarations made by Shri John himself about his age, between March 1964 and July 1973.
The appellant had miserably failed to show that these admissions were incor rect.
He replied that, as usual, in his village Ovari, he was having a dis cussion with the members of his companymunity to settle a dispute between owners of catamaran and mechanised boats.
From the Judgment and Decree dated the 14 10 1974 of the Madras High Court in Election Petitions Nos.
The learned trial Judge of the High Court tried all the three petitions together and decided them by a companymon judg ment.
P 9 Application for B.A. Examination.
The High Court found this charge to be incorrect.
A suggestion was made to him that he should companytest an elec tion to Parliament as a representative of the fishermen companymunity.
P. 29 in the Marriage Register.
A search for this record was made by the record remained untraceable.
Shri John told them that an election to the Council of States is fast approaching and the only thing is I cannot enter the Rajya Sabha, because I have number companyplet ed the age of 30 years.
P 21 Application for admission into Law Col lege.
They however, company tended that the information about the date of baptism was number supplied by them to the Priest who solemnised the mar riage and made this entry.
8 502SCI/77 The trial Court held that on the date of the scrutiny of his numberination, Shri John being less than 30 years of age, was number qualified under Art.
These documents companytaining such declarations companysti tuting Shri Johns admissions are Ex.
P l7 Application for admission to B.G.L. Examina tion.
P.3 which purports to have been signed by the guardian of Shri John, declar ing his age as 14 5 1946 Ex.
6 in CA 1896 and respondent No.
7 in CA 1907.
He told me along with another elderly gentleman, whose name I am number able to recollect number What number sense are you talking?
In the witness box both Shri John RW.
On 14 3 1974, which was the last date fixed for withdrawal, three candidates withdrew their numberinations leaving eight in the field.
Apart from the evidence of these prior admissions the election petitioners had brought other documentary evidence, also, pointing to the companyclusion that Shri John was born on 14 5 1946 and number 14 5 1943.
On scrutiny which was held on March 12, 1974.
P l4 Application for appearing in University Examination.
The eider brother RW.
1 and his eider brother RW 3 admitted their respective signatures on this entry Ex.
M. Khanna, for respondent No.
The poll was held on 21 3 1974.
They had shifted the burden on the appellant Shri John to show that they were incorrect.
On these premises it was pleaded that the numberination of Shri John was improperly accepted and in companysequence thereof, the result of the election has been materially affected.
The trial Court, however,declined to grant the further declaration under s. 101 in favour of either of the election petitioners.
Thereafter, a direction was issued by the Court to trace and produce it.
The election of Shri John was assailed on the ground that on March 9, 1974, the date of the scrutiny of his numberination, he was less than 30 years of age and as such, did number possess the qualification as to age laid down in Article 84 b of.the Constitution.
Shri John was further questioned by the Counsel Then what happened ?
In addition to the Returning Officer, the Elec toral Registration Officer and the Chief Election Commis sioner, all the seven companytestants were impleaded as respond ents.
8 in CAs.
Marriage Register, Ex.
1895 1896 1907 of 1974.
Immediately, the witness intervened What number sense you are talking ?
3, the eider brother of Shri John also stated that when the elders of the village asked him to companytest the election, he replied that he had number attained the proper age, i.e. 31 years which was necessary to companytest the election.
P.7 Application for Pre University Examination.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
P 19 Application for second BGL Examination, Octo ber 1972.
1895 1896.
10 in CA 1895, Resp.
1 in all the appeals and for respondent No.
He replied My eldest brother was one among those who were assembled there.
This evidence companysisted of 1.
V. Rangam and Miss A. Subshashini, for respondent No.
in the event of the election of Shri John being set aside, was entitled to be declared elected in the place of Shri John.
The Judgment of the Court was delivered by SARKARIA, J. The basic facts giving rise to these appeals being companymon, the same will be disposed of under one judgment.
The petitioner had also examined witnesses who testi fied with regard to these documents and the facts appear ing therein.
S. Chitley, T.N.S. Srinivasavaradacharya G. Ramas wamy, C. Lakshminarain, S.R.L. Narain and Vineet Kumar, for the appellant in CA 1907/74.
N. Choudhary and Mrs. V.D. Khanna, for the appellant in CAs 1896/74.
The result was published, according to which, the companytesting candidates secured the votes numbered against their names as follows Shri Khadar Sha 3500 Shri Khaja Mohideen 3700 Shri V. Subrahmanyam 300 Shri C.D. Natarajan 3500 Shri R. Mohanarangam Nil 6 .Shri S. Ranaganathan 4100 G. Lakshmanan 3600 D.C. John Valampuri John 3700 The requisite quota to secure the election of a candidate was fixed at 22,400/ 61 1 3201 and candidates mentioned at serial Nos.
Election Petition 1 of 1974 was filed by Shri R. Mohan Rangam and Election Petition 2 of 1974 by Shri V. Subrahmanyam.
A recriminatory petition No.
Notice calling for numberinations to be filed before 3 P.M. 11 3 1974, for filling six vacancies to the Rajya Sabha from the State of Tamil Nadu in the biennial elections was issued on March 4, 1974, Eleven candidates filed their numberinations.
The Election Petitioner companytended before the High Court that Shri John had by the exercise of his influence, prevented the produc tion of this record.
2 in 1907.
1 and 2 of 1974 .
Counting of votes took place on the same date.
Two Election Petitions were filed by the unsuccessful candidates.
Ex.p 28 Book Varalatril Kalaignar Writ ten by Shri John companytaining biographical sketch.
The process issued by the Court was returned with the report that the Register of 1946 was untraceable.
84 b of the Constitution, to companytest the election to the Rajya Sabha.
Each of the petitioners claimed that in the event of Shri Johns elec tion being set aside, he be declared elected under s. 101 of the Act.
1, 2, 4, 6, 7 and 8 were declared elected.
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.
1/74 under s. 97 read with s. 83 of the Act was also filed by Shri V. Subrahmanyam petitioner in E.P. 2/ 74, opposing Mohana Rangams relief for declaration under s. 101.
N.C. Srinivasavaradacharya, S.C. Lakshminarain, R.L.Narayan, M.S. Narasimahan, for respondent No.
P l8 Application for second B.G.L. Examination April 1972.
The first question that fails to be determined in these appeals is Whether Shri John Was born on May 14, 1946, as has been found by the Court below, or on May 14, 1943 as companytended by him ?
P 10 entry in admission register of the College, Bar Council Records relating to Ex.
a Exhibit P 1 an entry in the records of St. Xaviers College School, wherein the date of Shri Johns birth is recorded as 14 5 1946 Ex.
You have attained the proper age you must go and refer in the Church.
You have companypleated 30 years positively.
Exhibits P11, P 11 a , P 12 and P l2 a records T.E.L.C. Kabis High School showing Shri Johns date of birth as 14 6 1946.
Aggrieved by that judgment, Shri John, has filed in this Court Civil Appeals 1895 1896 of 1974, and Shri V. Subrah manyam Civil Appeal 1907 of 1974.
P 23 a , b c Applications dated 23 71973 for enrolment as Advocate submitted to the Bar Council.
P l5 Application for the first B.G.L. Examination.
Further grievance of Shri Chowdhary is that the High Court had wrongly rejected the oral and docu mentary evidence produced by Shri John.
Shri John was asked in cross examination to state how he came to companytest the Rajya Sabha elections ?
Mr. Chowdhary appearing for the appellant Shri John companytends that the burden of proving that Shri John, was at the material date below 30 years of age was on the elec tion petitioner and that the latter had failed to discharge such burden.
