Advocate petitions President, Haryana Governor, Assembly Speaker for fresh Oath or Affirmation as MLA to all those two-third newly elected legislators who erroneously took both Oath as well as made Affirmation although as per Constitution of India, only one is admissible, President's Secretariat transfers the aforementioned petition to the Union Home Ministry for further appropriate action.
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In the very first Session of the recently constituted 15th Haryana Vidhan Sabha which was summoned/convened last month on 25 October 2024, Dr. Raghuvir Singh Kadian, senior most MLA, who was appointed as Speaker Pro-Tem (Acting) by the Bandaru Dattatraya, Governor of Haryana, for administering Oath or Affirmation ( read as per Form set out in the Third Schedule to the Constitution of India) to all newly elected MLAs ( except Sh. Kadian who was administered such Oath/Affirmation by the Governor himself), a serious glitch/faux-pas/goof-up)(gaffe) occurred as over 60 newly elected MLAs legislators took not only Oath but also made Affirmation before the Pro-Tem Speaker notwithstanding that as per the Form VII (B) in the Third Schedule to the Constitution of India either the Oath or else the Affirmation can be taken or made respectively but not the both.
An Advocate at Punjab & Haryana High Court, Hemant Kumar, has petitioned to the President of India, Haryana Governor, Assembly Speaker et al for administering fresh Oath Or Affirmation as Member of Legislative Assembly (MLA) to all such over 60 newly elected legislators who erroneously took both Oath ( i.e. swearing in the name of God) as well as made Affirmation (i.e. solemnly affirm) before specially appointed Pro-Tem Speaker notwithstanding the fact that as per Article 188 of Constitution of India either the Oath Or else the Affirmation according to the Form in the Third Schedule to the Constitution of India is admissible and not both the Oath as well as the Affirmation.
On November 11, Gautam Kumar, Under Secretary in the President's Secretariat, Rashtrapati Bhawan transferred the above petition to the Union Home Ministry for taking appropriate action and further communicating it to the Petitioner-Advocate directly.
(SUBHEAD)Meanwhile, Hemant told that those newly elected MLAs who took both Oath as well as made Affirmation included Chief Minister Shri Nayab Singh, six Ministers viz. Krishan Lal Panwar, Mahipal Dhanda, Shyam Singh Rana, Ranbir Gangwa, Arti Singh Rao and Gaurav Gautam, Deputy Speaker of Haryana Legislative Assembly Dr. Krishan Lal Midha as well as large number of other MLAs and their total number is over 60 i.e. two-third of strength of 90-member Haryana Legislative Assembly.
Noteworthy that Article 188 of Constitution of India which pertains to Oath or affirmation by members stipulates that every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an Oath Or Affirmation according to the form set out for the purpose in the Third Schedule.
Further, in Third Schedule to the Constitution of India, the concerned Form ( read VII B) regarding Oath Or Affirmation to be made by a member of the Legislature of a State is as follows —
'I, A.B. (Name of the MLA), having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do swear in the name of God / Solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.'
