CHANDIGARH: It may appear surprising but its true that the form of oath prescribed for elected representatives of civic bodies as mentioned in both Haryana Municipal Act, 1973, which governs all Municipal Committees and Municipal Councils, and Haryana Municipal Corporation Act, 1994, which covers all Municipal Corporations, in the State, is not in accordance with the basic spirit of Constitution of India, especially its Preamble.
An Advocate at Punjab & Haryana High Court, Hemant Kumar, told that the form (format) of oath for elected Mayor/President/Members of all Municipal Committees/Councils/Corporations in the State as contained in Section 24 of Haryana Municipal Act, 1973 and Section 33 of Haryana Municipal Corporation Act, 1994 do not mention the words "solemnly affirm" which is used to make and subscribe "affirmation.
Hemant asserts that even the Constitution of India, which in its various Articles as well as Third Schedule contains form (format) of Oath(s) for different elected constitutional functionaries like President of India, Vice-President of India, Union/State Ministers including Prime Minister of India/Chief Minister of the State, Members of Parliament, Members of State Legislatures etc. as well as for persons appointed as Chief Justice/Judge of Supreme Court and High Court(s) mention enabling provisions (words) for both i.e. Oath (swear in the name of God) as well as for Affirmation (solemnly affirm).
Hence the Advocate has written to Haryana Government for effecting appropriate amendment(s) in both prevalent Section 24 of Haryana Municipal Act, 1973 as well as Section 33 of Haryana Municipal Corporation Act, 1994 so as to include/incorporate the words "SOLEMNLY AFFIRM" within the form/format of Oath as mentioned therein.