PASHUPATI NATH SINGH Vs. HARIHAR PRASAD SINGH

JUDGEMENT

(1.) This is an appeal under Section 116A of the Representation of the People Act, 1951-hereinafter referred to as the Act - from the judgment of the High Court of Judicature at Patna dismissing Election Petition No. 8 of 1967 filed by the appellant Pashupati Nath Singh hereinafter referred to as the petitioner. In order to appreciate the point arising before us it is necessary to state the relevant facts.

(2.) The petitioner stood as a candidate for election to the Bihar Legislative Assembly. The election to that Assembly from the Dumrao Assembly Constituency was held during the last general election as per the following schedule:

(3.) The High Court held that the nomination of the petitioner was rightly rejected by the Returning Officer on the ground that he was not qualified to be chosen to fill a seat in the State Legislature since he had not made and subscribed the requisite oath or affirmation as enjoined by Clause (a) of Article 173 of the Constitution, either before the scrutiny of nominations or even subsequently on the date of scrutiny.