TMI Blog1968 (11) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... 1967, showing the returned candidate winning comfortably by a margin exceeding 3,300 votes over his nearest rival. One of the grounds taken in the election petition was that immediately after the scrutiny of the nomination papers, the third respondent to the election petition had filed a written objection before the Returning Officer contending that the returned candidate had not taken oath properly and on the same ground the he along with respondents 2 and 4 were not qualified to be chosen and their nomination papers should be rejected. This contention was turned down by the Returning Officer and was also negatived by the learned Judge who heard the election petition and in this appeal the unsuccessful petitioner has only pressed this ground. 3. The relevant portion of Article 173 of the Constitution reads as follows :- A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he - (a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission on oath or affirmation according to the form set out for the purpose in the Third Schedule; (b) and (c) XX XX XX. The Third ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g to the words of the Gujarati form. It was argued before us that 'Rajya Sabha' means the Legislative Council of the State and not the Legislative Assembly of the State and consequently the oath taken did not fulfil the requirements of Article 173(a) of the Constitution. We were not referred to any official translation of the expression, Legislative Assembly in Gujarati. The word Sabha means a gathering or a meeting or an assembly of persons for a definite purpose. Giving the word Sabha the said meaning the expression 'Rajya Sabha' it would not be possible to hold that the oath was not in compliance with the form prescribed in Article 173(a) of the Constitution. No doubt by common parlance in many of the States in Northern India the expression 'Rajya Sabha' has come to mean the Legislative Council of a State while the State Legislative Assembly is generally known as Rajya Vidhan Sabha. But in the absence of any authoritative translation of the expression State Legislative Assembly in Gujarati we cannot guide ourselves by the popular rendering of the expression. In this connection it is necessary to mention that in the State of Gujarat there is no Leg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of, public officer should pledge himself to uphold the Constitution and to preserve the integrity and sovereignty of the Union and that forms of oath in the Third Schedule to the Constitution should be suitable amended for the purpose . The Bill proposed to give effect to the recommendation by amending clauses (2), (3) and (4) of Article 19 as also Article 84 and 173 and the forms of oath in the Third Schedule. The words in the form of oath in Form VII-A : I will uphold the sovereignty and integrity of India were inserted by the Constitution Fifteenth Amendment Act, 1963, giving effect to the view of the said Committee. 8. As the essential requirements of the oath given in the form in the Third Schedule were not deviated from in the Gujarati form used in this case, we cannot hold that the oath subscribed in this case was not in compliance with Article 173 merely because of the popular meaning of the expression 'Rajya Sabha'. 9. The real question is, whether the deviation, if any, form the form of oath in English as contained in the Third Schedule is so vital as to lead to the conclusion that no proper oath was taken by the returned candidate. There have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after departmental enquiry, was that the order of the Government was invalid for non-compliance with the provisions of Article 320(3)(e) of the Constitution which read literally made it obligatory for the Government of India or a Government of a State of consult the Union Public Service Commission or the State Public Service Commission on all disciplinary matters affecting a person in service of the State. In turning down the above it was observed by this Court : ................... the use of the word shall in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have that effect, that is to say, that unless the words of the statute are punctiliously followed, the proceeding, or the outcome of the proceeding, would be invalid. 14. In State of Punjab v. Sat Pal Dang and State of Punjab v. Dr. Baldev Prakash and Others, (Civil Appeals Nos. 1427 1428/1968, decided on 30-6-1968) one of the points canvassed before this Court was, whether the certificate by the Deputy Speaker on a Money Bill was sufficient compliance with Article 199(4) of the Constitution which provides that - There shall be endorsed on every Mon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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