Mandatory of candidates filling nomination papers to take oath before RO: HC Advocate
If someone does not want to take an oath, he can instead make a sincere affirmation - Advocate Hemant Kumar
Babushahi Bureau
Chandigarh, September 10, 2024: At the time candidates are filing nomination papers for the upcoming Haryana Assembly polls, Hemant Kumar, Advocate in Punjab and Haryana High Court stated that it is mandatory for every contesting candidate to take an oath before the concerned Returning Officer (R.O.) while filing the nomination papers.
" It is also mandatory for every contesting candidate to take an oath before the concerned Returning Officer (R.O.) while filing the nomination form. However, if a candidate filing the nomination, for whatever reason, does not wish to take the oath in the name of God, then He can also make an oath or affirmation in lieu of this. However, such oath or affirmation has to be taken by every candidate standing before the R.O," Hemant Kumar.
"In the year 1963, the provision of such oath or affirmation was made by the Indian Parliament through the 16th Constitutional Amendment made in the Constitution of the country. Article 173 (A) of the Constitution prohibits the use of the State Legislature (Vidhan Sabha). It prescribes the basic qualifications for membership of the Legislative Assembly, the very first part of which states that a person shall be eligible to be chosen to fill a seat in the Legislative Assembly only if he is a citizen of India and is a citizen of India and has been appointed as a Member of Parliament by the Election Commission in that behalf. Makes an oath (or affirmation) before some person according to the form set out for the purpose in the Third Schedule and subscribes to the same," he added.
Hemant told about the format of oath included in this regard in the third schedule of the Constitution of the country that it is mentioned that --- I, so and so (name of the candidate), who is a candidate (candidate) to fill the seat in the Legislative Assembly I have been nominated as the Chief Justice of India do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India.
Similar oath (or affirmation) is necessary while filling nomination form for election to both the houses of Parliament (Lok Sabha and Rajya Sabha) apart from the election of MLA. However, Hemant told that as far as Panchayati Raj Institutions (Gram Panchayat, Block/ Panchayat Samiti and Zila Parishad) and urban local bodies (Nagar Panchayat/Committee, Municipal Council and Municipal Corporation) etc., then taking the above oath by the candidates while filing nomination for them is not made mandatory in the Constitution of the country
Voting for the 90-member legislative assembly in Haryana will be held on October 5 and the last date for filing nominations is September 12. Votes will be counted on October 8 along with that in Jammu and Kashmir.
In 2019 assembly polls, BJP became the single-largest party with 40 seats and Congress won 30 seats