The authorized person of the candidate Sarjan Ahmad Wagay, filed the nomination papers on behalf of the candidate on August 27, 2024 at 2.55 P.M (the last date of filing of Nomination Papers) in the office of Returning Officer, 36 Zainapora.
On examination of Nomination papers, it was found it lacked an oath Certificate (which is a mandatory requirement under Section 16 of the J&K Reorganization Act 2019) duly signed by the Superintendent of Central Jail Srinagar, as the candidate is under detention in Central Jail Srinagar.
The Oath has to be duly subscribed by the candidate under detention before the Jail Superintendent before the date of scrutiny and the Oath certificate duly by the Jail Superintendent can be filed at the time of Scrutiny of Nomination papers as per the time set by the Returning officer. Accordingly the authorized person of the candidate was handed over the prescribed checklist/acknowledgement form duly signed by RO to produce an Oath certificate and other deficient documents, latest by 11 am on August 28, 2024.
The candidate failed to produce the required documents by the specified time. The authorized person of the candidate submitted an invalid and incomplete Oath Certificate at 1:48 P.M., on WhatsApp, which is not the prescribed mode of submission of oath certificate. Further, even the oath certificate submitted was incomplete and not accompanied by the certificate from Superintendent of Jail stating that the oath has been made and subscribed before him within the permissible time.
In view of mandatory requirement of oath under Section 16 of JK Reorganization Act 2019, the Returning officer was constrained to reject the Nomination papers at the time of scrutiny.
