PASHUPATI NATH SINGH versus HARIHAR PRASAD SINGH

PASHUPATI NATH SINGH versus HARIHAR PRASAD SINGH

The candidate must be qualified to be chosen to fill a seat from the earliest moment of the day fixed for scrutiny of nominations. The requisite oath or affirmation as enjoined by clause (a) of Art. 173 must be made and subscribed before scrutiny commences. It cannot be taken during the course of scrutiny when objection is raised. The appellant's nomination was rightly rejected.

Parties
Appellant: Pashupati Nath Singh; Respondent: Harihar Prasad Singh; Intervener: R. K. Garg
Jurisdiction
India
Judgment Date
22 January 1968
Procedural Posture
Civil Appeal / Appeal From the Patna High Court Judgment Dismissing Election Petition No. 8 of 1967
Outcome
Appeal dismissed
Legal Topics
Nomination for Legislative Assembly, Scrutiny of Nomination Papers, Oath or Affirmation by Candidate
Election Law Constitutional Law Nomination for Legislative Assembly Scrutiny of Nomination Papers Oath or Affirmation by Candidate

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Parties

Pashupati Nath Singh

Appellant

Harihar Prasad Singh

Respondent

R. K. Garg

Intervener

Procedural Posture

Civil Appeal / Appeal From the Patna High Court Judgment Dismissing Election Petition No. 8 of 1967

Legal Issues

  1. 1 Whether a candidate is entitled to make and subscribe the requisite oath or affirmation on the date fixed for scrutiny of nomination papers under Art. 173(a) of the Constitution and sections 30 to 36 of the Representation of the People Act, 1951

Ratio Decidendi

The candidate must be qualified to be chosen to fill a seat from the earliest moment of the day fixed for scrutiny of nominations. The requisite oath or affirmation as enjoined by clause (a) of Art. 173 must be made and subscribed before scrutiny commences. It cannot be taken during the course of scrutiny when objection is raised. The appellant's nomination was rightly rejected.

Court Disposition

Appeal dismissed

Orders

  • Appeal fails and is dismissed with costs