SHEIKH ABDUL REHMAN vs JAGAT RAM ARYAN

The Supreme Court held that Section 51(a) of the Jammu and Kashmir Constitution mandates that a candidate must make and subscribe an oath or affirmation before the authorized officer to qualify for election to the State Legislature. In this case, the candidate Jagat Ram Aryan did not comply with this requirement as he failed to sign the oath form in the presence of the Assistant Returning Officer. Consequently, the Court ruled that his nomination was invalid under Section 47(2)(a) of the Jammu and Kashmir Representation of the People Act, 1957, leading to the dismissal of the election petition seeking to set aside his election.