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1 - 9 of 9 (0.24 seconds)Article 173 in Constitution of India [Constitution]
Section 33 in The Representation of the People Act, 1951 [Entire Act]
Section 36 in The Representation of the People Act, 1951 [Entire Act]
Article 324 in Constitution of India [Constitution]
J.H. Patel vs Subhan Khan on 24 July, 1996
If on that date, the nomination paper conforms to the requirements of law, the Returning Officer is entitled to accept it. The date of scrutiny as interpreted in Patel's case (supra) means the whole day. Therefore, the provisions of law must be complied with before the beginning of the date of the scrutiny. It is the admitted position that in the present case, the respondent had complied with the provisions of Article 173(a) before the date of scrutiny. Thus, no infirmity can be found with the action of the Returning Officer in accepting the respondent's nomination paper.
Section 34 in The Representation of the People Act, 1951 [Entire Act]
Pashupati Nath Singh vs Harihar Prasad Singh on 22 January, 1968
56. Mr. Mattewal, contended that the candidate has to take oath alongwith the submission of the nomination paper. He placed reliance on the decision of their Lordships of the Supreme Court in Pashupati Nath Singh v. Harihar Prasad Singh, A.I.R. 1960 S.C. 1064. In this case, it was noticed by their Lordships in paragraph 11 that "no oath or affirmation was attached to the nomination paper or was filed before the date fixed for the scrutiny." It was in view of this factual position that the contention raised on behalf of Pashupati Nath that the oath could have been taken before the objection was considered by the Returning Officer, was rejected. It was held that the oath has to be taken before the date fixed for scrutiny. In the present case, the respondent had admittedly taken and subscribed to the oath before the date of scrutiny. Indeed, the validity of the nomination paper has to be judged on the date of the scrutiny.
K.S. Abdul Azeez vs Ramanathan Chettiar & Ors on 28 February, 1966
47. Mr. Mattewal referred to the decision of their Lordships of the Supreme Court in K.S. Abdul Azeez v. Ramanathan Chettiar and Ors., A.I.R. 1967 S.C. 85 to contend that a nomination paper can only be rejected when there is a sub-stantial defect and not otherwise.
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