SHEIKH ABDUL REHMAN versus JAGAT RAM ARYAN

SHEIKH ABDUL REHMAN versus JAGAT RAM ARYAN

Because Narain Dass and Nikka Ram did not make and subscribe the oath or affirmation prescribed by s. 51(a) of the Jammu & Kashmir Constitution before the authorised officer, mere filing of signed oath forms was not sufficient compliance; their nomination papers were properly rejected.

Parties
Appellant: Sheikh Abdul Rehman; Respondent: Jagat Ram Aryan
Jurisdiction
India
Judgment Date
11 February 1969
Procedural Posture
Civil Appeal / Appeal Against Single Judge Order Dismissing Election Petition
Outcome
appeal dismissed
Legal Topics
Legislative Qualification, Oath or Affirmation of Candidates, Nomination Validity
Constitutional Law Election Law Legislative Qualification Oath or Affirmation of Candidates Nomination Validity

Case Brief

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Parties

Sheikh Abdul Rehman

Appellant

Jagat Ram Aryan

Respondent

Procedural Posture

Civil Appeal / Appeal Against Single Judge Order Dismissing Election Petition

Legal Issues

  1. 1 Whether Narain Dass and Nikka Ram made and subscribed the oath or affirmation required by s. 51(a) of Jammu & Kashmir Constitution before the authorised officer
  2. 2 Whether the filing of a signed oath form, not made and subscribed before the authorised officer, constitutes compliance with s. 51(a)
  3. 3 Whether the nomination papers of Narain Dass and Nikka Ram were liable to be rejected for failure to comply with s. 51(a)

Ratio Decidendi

Because Narain Dass and Nikka Ram did not make and subscribe the oath or affirmation prescribed by s. 51(a) of the Jammu & Kashmir Constitution before the authorised officer, mere filing of signed oath forms was not sufficient compliance; their nomination papers were properly rejected.

Court Disposition

appeal dismissed