C S KRISHNA IYER Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) A petition under S.80, 81, 82, 83 and 100 read with S.117 of the Representation of the People Act (Central Act 43 of 1951) (hereinafter referred to as the Act) fora declaration that the election of the respondent from "No.II, Parliamentary Constituency" is void on the grounds of improper rejection of the petitioner's nomination as also of the corrupt practice, committed by the respondent.

(2.) The petitioner filed his nomination on 23-11-1984 before the Assistant Returning Officer (for short the A.R.O.). On 28-11-1984, the date fixed for scrutiny, the Returning Officer in the course of the scrutiny found that the petitioner had not made and subscribed to the oath or affirmation according to the form set out for the purpose in the IIIrd Schedule to the Constitution as provided for under Art.84(a) of the Constitution of India. The Returning Officer consequently rejected his nomination.

(3.) The petitioner submits that on the date fixed for scrutiny, that is, 28-11-1984 the Returning Officer ought to have permitted him to take the oath and inasmuch as he refused the permission, the rejection of the nomination is liable to be declared bad in law.