OFFICER BEFORE WHOM A CANDIDATE FOR

ELECTION TO FILL A SEAT

IN THE LEGISLATIVE ASSEMBLY OF

A UNION TERRITORY SHALL

MAKE AND SUBSCRIBE OATH OR AFFIRMATION

Election Commission Notification No. 3/6/68 (2), dated the 18th

March, 1968.-(1) In pursuance of clause (a) of section 4 of the

Government of Union Territories Act, 1963 (20 of 1963), and in

suppression of its Notification No. 3/3/66, dated the 2nd May, 1967,

the Election Commission 1[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 Legislative Assembly of a Union territory shall

make and subscribe the oath or affirmation in the form set out for the

purpose in the First Schedule to the said Act.

(2) Notwithstanding anything contained in paragraph (1), in pursuance

of clause (a) of the said section 4, the Election Commission hereby

also authorises as the person before whom the candidate may make and

subscribe and 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 the

returning officer for the assembly constituency from which a person

has been nominated as a candidate for election to fill a seat in

Legislative Assembly;

2[(1A) the expressions "district judge" and "judicial service" shall

have meanings respectively assigned to them in article 236 of the

Constitution of India]; and

(2) the expression "assembly constituency" shall have the meaning

assigned to it in clause (c) of sub-section (1) of section 2 of the

Government of Union Territories Act, 1963 (20 of 1963).

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1. Subs. by Notifn. No. 3/6/68(2), dated the 25th October, 1968,

for certain words.

2. Ins., ibid.

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