PART III

RULES AND ORDERS UNDER THE CONSTITUTION

OFFICERS BEFORE WHOM CANDIDATES MAY MAKE OR

SUBSCRIBE OATH OR AFFIRMATION1

1. In pursuance of clause (a) of article 84 and clause (a) of article

173 of the Constitution of India and in suppression of its

notification No. 3/3/66, dated the 25th April, 1967, the Election

Commission 2[hereby authorises--

(i) the returning officer concerned and all the assistant returning

officers subordinate to him,

(ii) all stipendiary presidency magistrates and all stipendiary

magistrates of the first Class, and

(iii) all district judges and all persons belonging to the judicial

service of a State other than district judges,

as the persons] before any one of whom a person having been nominated

as a candidate (hereinafter referred to as the candidate) for election

to fill a seat in the Council of States, or in the House of the People

or in the Legislative Assembly of a State (other than Jammu and

Kashmir), or in the Legislative Council of a State (other than Jammu

and Kashmir) having a Legislative Council, shall make and subscribe

the oath or affirmation in the form set out for the purpose in the

Third Schedule to the said Constitution.

2. Notwithstanding anything contained in paragraph 1, in pursuance of

clause (a) of the said article 84 and clause (a) of the said article

173, the Election Commission hereby also authorises as the person

before whom the candidate may make and subscribe the said oath or

affirmation,-

(a) where the candidate is confined in a prison, the superintendent of

the prison;

(b) where the candidate is under preventive detention, the commandant

of the detention camp;

(c) where the candidate is confined to bed in a hospital or elsewhere

owing to illness or any other cause, the medical superintendent in

charge of the hospital or the medical practitioner attending on him;

(d) where the candidate is out of India, the diplomatic or consular

representative of India in the country where the candidate happens to

be or any person authorised by such diplomatic or consular

representative;

(e) Where the candidate is for any other reason unable to appear, or

prevented from appearing before the returning officer concerned or any

assistant returning officer as aforesaid, any other person nominated

by the Election Commission on application made to it in this behalf.

Explanation.-In this notification--

(1) The expression "the returning officer concerned" means--

(a) where a person has been nominated as a candidate for election to

fill a seat in the House of the People from a Parliamentary

Constituency or a seat in the Legislative Assembly of a State from an

Assembly Constituency or a seat in the Legislative Council of a State

from a Council Constituency, the returning officer for that

constituency;

---------------------------------------------------------------------

1. Published with the Election Commission of India Notification No.

S.O. 1111, dated the 18th March, 1968, see Gazette of India,

Extraordinary 1968, Part II, Section 3 (ii), Page 361.

2. Subs. by Notification No. S.O. 3798, dated 25-10-1968, for

certain words.

----------------------------------------------------------------------

Officers before whom Candidates may make or subscribe Oath or

Affirmation

(Part III.- Rules and Orders under the Constitution)

(b) Where a person has been nominated as a candidate for election to

fill a seat in the Council of States by the elected members of the

Legislative Assembly of a State, the returning officer for that

election;

(c) where a person has been nominated as a candidate for election to

fill a seat in the Legislative Council of a State by the members of

the Legislative Assembly of that State, the returning officer for that

election;

1[(1A)] The expression "district judge" and "judicial service" shall

have the meanings respectively assigned to them in article 236 of the

Constitution of India;]

(2) The expression "parliamentary constituency", "assembly

constituency" and "council constituency" shall have the meanings

respectively assigned to them in the Representations of the People Act,

1950 (43 of 1950).

----------------------------------------------------------------------

1. Ins. by Notification No. S.O. 3798, dated 25-10-1968.

----------------------------------------------------------------------