Oath Commissioner Appointed by Registrar of HC

An oath commissioner is appointed
by the Registrar of respective High Court under whose jurisdiction the appointment is
to be made. On the contrary, a notary is adjusted by the State Government or the
Central Government under Indian Notaries Act.Jun 8, 2019
Qualification required for appointment as an Oath Commissioner

Any person enrolled as an advocate with bar council of India having more
than two years of practice and less then three is eligible for appointment as
an oath commissioner.
So, for a person to reach that stage of qualification, he must follow certain
steps:
• He must get a law degree. Now in India, the process of getting a
law degree is not that time taking as it used to be in the past. Now,
one may get admission in a law program right after his senior
secondary (class 12th) in courses like B.A./B.Com./B.Sc.LL.B.
which are 5-year integrated programs. On the other hand, if you
want to go for legal studies after your graduation, you still go
through a three-year LL.B. program and may solely focus on your
law without having any pressure of liberal subjects which form a
major part of the 5-year program.
• Now, after you have completed your legal studies and received
your degree from your institution, you may apply for enrolling
yourself to get the license from Bar Council of India to become a
practicing lawyer (advocate) in any state bar council which is
regulated under Advocates Act 1961 and to fulfill the requirement
of enough experience for appointment as a notary.
• An advocate practising for more than two years and not satisfied
with his employment may request the Registrar of the High Court of
that particular state for his appointment as an oath commissioner.
He must state in his application that he is not capable of earning his
livelihood from his profession.
• After considering his application fit, the Registrar may appoint that
person as an oath commissioner. It must be kept in mind that such
appointment is meant for supporting the advocates financially only
and this is the reason that the term of the post is 3 years from the
date of appointment and is not extended thereafter.
Madras High Court
V.Vijayakumaran vs The District Election Officer Cum on 30 October, 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2017 CORAM
THE HON'BLE Mr. JUSTICE M.M.SUNDRESH
and THE HON'BLE Mr. JUSTICE M.SUNDAR W.P.No.10592 of 2017 and
W.M.P.Nos.11530 and 11531 of 2017
V.Vijayakumaran .. Petitioner
Vs. 1.The District Election Officer cum District Collector,
Collector Office Campus,
Thiruvannamalai - 606 604.
2.The Secretary,
The Tamil Nadu Election Commission,
No.208, Jawaharlak Nehru Salai,
Opp. to Koyambedu Bus Stand,
Arumbakkam, Chennai - 106.
3.The Director,
Block Development Panchayatraj,
Panagal Maligai, Saidapet,
Chennai - 18.
4.The Tamil Nadu Chief Election

Officer,
Tamil Nadu Chief Election Office,
Shastri Bhavan, Chennai. ..
Respondents
Petition filed under Article 226 of the Constitution of

India praying for the issuance of a writ of certiorarified
mandamus to call for the records in respect of the Tamil Nadu
Government Gazette Notification dated 21.09.2016 published in
extraordinary No.226, Part IV, Section 2 for the candidates
ensuring the election and to quash the particular clause
"Commissioner of Oaths" mentioned in Note No.2 of the
verification column in annexure I and II and the Clause No.2 of
the order passed and published by the second respondent in the
Tamil Nadu Government Gazette Notification dated 21.09.2016 and
consequently direct the second respondent to provide only clause
in the Annexure I and II of the said Gazette Notification dated
21.09.2016 to sworn either before the Notary Public or Judicial
Magistrate .
For Petitioner : Mr.PA.Kadirvel
For Respondents : Mr.B.Neduncheziyan

for R1, R2 and R4
Mr.R.Vijayakumar,
Addl. Govt. Pleader for
R3
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) This writ petition has been filed by the
petitioner, who is a practising lawyer, on the premise that the Gazette Notification dated
21.09.2016 which provides for a sworn affidavit of a candidate being attested by the
Commissioner of Oaths cannot be accepted being contrary to the Commissioner of Oaths Rules,
1988.
2.Learned counsel appearing for the petitioner would submit that a Commissioner of Oaths has
got a role to deal with the affidavits filed before the Courts alone. Therefore, he cannot be called
on to sign an affidavit filed before the Election Officer.
3.We do not find any merit in the said submission. The Commissioner of Oaths Rules, 1988 do
not prohibit the signing of an affidavit outside the Court by a Commissioner of Oaths. Perhaps, it
can be stated that such a document signed by the Commissioner of Oaths may not have any
evidentiary value unless it is proved by letting in evidence. The Election Commission is a
constitutional authority. It only provides for a Commissioner to attest an affidavit of a candidate.
Therefore, there is nothing wrong in requiring a candidate to have his or her affidavit attested by
the Commissioner of Oaths. The Commissioner of Oaths is only classified along with other
authorities. The object is only for the purpose of verification of the person who has signed the
affidavit and nothing more. For the aforesaid purpose, a class of designated persons has been
identified such as Magistrate First Class, Notary Public or a Commissioner of Oaths. Therefore,
the object of signing the affidavit is only with respect to the candidate, who wants to contest in
the election and nothing more.
4.In such view of the matter, we do not find any reason to entertain the writ petition.
Accordingly, the writ petition stands dismissed. No costs. Consequently, connected
miscellaneous petitions are closed.
M.M.SUNDRESH,
J M.SUNDAR, J
1.The District Election Officer cum District Collector,
Collector Office Campus,
Thiruvannamalai - 606 604.
2.The Secretary,
The Tamil Nadu Election Commission,
No.208, Jawaharlak Nehru Salai,
Opp. to Koyambedu Bus Stand,
Arumbakkam, Chennai - 106.
3.The Director, Block Development Panchayatraj,
Panagal Maligai, Saidapet, Chennai - 18.
4.The Tamil Nadu Chief Election Officer,
Tamil Nadu Chief Election Office,
Shastri Bhavan, Chennai.

Oath Commissioner Appointed by Registrar of HC

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Oath Commissioner Appointed by Registrar of HC

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An oath commissioner is appointed

Qualification required for appointment as an Oath Commissioner

4.The Tamil Nadu Chief Election

Petition filed under Article 226 of the Constitution of

For Respondents : Mr.B.Neduncheziyan

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