HANDBOOK FOR CANDIDATES

APPENDIX VI
(Chapter II, Para 7.1)
ELECTION COMMISSION OF INDIA

New Delhi
Dated the 18th March 1968

---------------------------------------------Notification

No. 3/6/68 (1). - In pursuance of clause (a) of Article 84 and clause (a) of Article 84 and clause (a) of Article 173 of the Constitution of India and in suppression of its Notification No. 3/3/666 dated the 25th April 1967 The Election Commission 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 of 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 anchorage 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.
(be) 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 applications 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.
(b) where a person has been nominated as a candidate for election to fill a seat in the Council of State 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 a State the Returning Officer for that election;

(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 Representation of the People Act, 1950 (43 of 1950).

By Order
Secretary to the
Election Commission of India

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