PASHUPATI NATH SINGH vs HARIHAR PRASAD SINGH

The Supreme Court held that under Section 36(2) of the Representation of the People Act, 1951, a candidate must have made and subscribed the oath or affirmation as required by Article 173(a) of the Constitution before the scrutiny of nomination papers. The Court clarified that the expression 'on the date fixed for scrutiny' means the entire day of scrutiny, and thus, the qualification must exist from the earliest moment of that day. The appeal was dismissed as the appellant's nomination was rightly rejected for not having taken the oath prior to the scrutiny date.