Candidate Nomination / Scrutiny
Under Section 36 of the R.P. Act, 1951 the important provisions pertaining to the scrutiny of nominations are as under :
(1) Scrutiny of nomination shall be taken only on the date specified in the notification issued under Section 30 of the Representation of People, 1951.
(2) Scrutiny of nomination shall be taken only at the time and place mentioned in the notification issued under Section 31 of the R.P. Act-1951.
(3) The following persons can remain present at the time of scrutiny of nominations.
(i) The candidate himself
(ii) Election agent of the candidate
(iii) The person proposing the candidate
(iv) Two such persons who are authorised in writing by the candidate.
In case the candidate has filed four nominations and the number of proposers is 4/40 only one proposers shall remain present.
(4) The Returning Officer is supposed to provide reasonable facilities to check the nomination, to the persons who are present at the time of scrutiny of nominations of all the candidates under Section 33 of the law of election. Thus the candidate and/or the persons present on behalf of the candidate can check all the nominations in the respective constituency.
5) Thereafter, the Returning Officer shall scrutinize all the nominations filed by the candidates and he will check the objections, if raised any, or he will himself make a short inquiry and take a decision as to accept or not accept the nomination after taking under consideration the following facts.
(i) Whether, the candidate is possessing qualifications prescribed under law on the date of scrutiny of nominations.
(ii) Whether, he possess qualifications according to the Article 84, 102, 173 & 191 of constitution as well as the provisions made in Part-II of the R.P. Act.
(iii) Whether the conditions are fulfilled as per Section 33 or 34 of the R.P. Act, 1951.
(iv) Whether the signature of candidate or his proposers in the nomination is correct.
(6) The Returning Officer shall not reject nomination of any candidate on the ground of such a mistake which is not substantial.
(7) The Returning Officer shall not postpone the scrutiny of nominations, except in following circumstances.
(i) Open violence
(ii) The reason beyond control of the Returning Officer
(iii) The Returning Officer has raised objection if any; against the nomination of candidate.
8) The Returning Officer can make a written note and put signature in the nomination paper regarding accepting or rejecting the nomination on the date of its scrutiny.
(9) In case a nomination is rejected, the Returning Officer will make a short note mentioning the reasons for rejection and put his signature.
(10) Except that a person is disqualified for voting under Section 16 of the R.P. Act, 1950, for the purpose of scrutiny of nomination paper, a certified copy of the electoral roll, the copy of existing electoral roll or copy of the electoral roll containing the details of part no pertaining to he candidate shall be treated as sufficient evidence to ascertain that the candidate belongs to a respective constituency.
(11) Accordingly, after completion of scrutiny of all nominations the Returning Officer will prepare a list of validly nominated candidates out of the nominations rejected as well as accepted, and he will publish it on the notice board.
(12) The Returning Officer is required to make scrutiny of the nomination paper as per the procedure laid down herein above. The following are the main grounds on which the nomination papers are rejected.
(i) A candidate does not possess the qualification as required under Article 84 or 173 as well as Section 3, 4, 5 or 6 of the R.P. Act, 1951.
(ii) If one is deemed to be disqualified to contest an election under Article 102 or 191 of the constitution as well as Section 8, 8A, 9, 9A, 10 or 10A of the R.P. Act, 1951.
(iii) Under Section 33 of the R.P. Act, 1951 the candidate himself or his proposer has not presented the nomination before the Returning Officer.
(iv) If the nomination paper is delivered after due date fixed for filing it.
(v) The nomination paper is delivered before the Returning Officer on Public Holiday.
(vi) The nomination paper is presented after 3.00 O’clock during the period of filling nominations.
(vii) The nomination paper is presented at the place other than the place specified in the notice published by the Returning Officer under Section 31 of the R.P. Act, 1951.
(viii) If the nomination paper is not signed by the candidate or his proporsers or the signature there in is not found correct.
(ix) In case where the candidate or his proposers are illiterate and the thumb impression or any other mark in place of signature is not attested under Rule-2(2).
(x) The nomination is not filed in the form prescribed under conduct of election rules or the same is with incomplete details.
(xi) In case of the reserved seat, it is not clearly mentioned in the nomination paper, as to which caste the candidate belongs.
(xii) In case of the candidate, who is removed from Government service and five years from such removal are not completed, the certificate of Election Commission stating that he has not been removed on ground of corruption or disloyalty to the nation is not submitted by the candidate.
(xiii) In case where the name of a candidate is enrolled in the constituency other than the constituency in which he desires to contest the election, has not produced the certified copy of the concerned part of respective constituency.
(xiv) Under Section 34 of the R.P. ACT, 1951 the required amount to contest election as per rules is not deposited.
(xv) The candidate has not taken an oath or affirmation on the date of scrutiny of nomination papers.
(xvi) The candidate has not mentioned his age in the nomination paper.
As mentioned herein above it is the responsibility of the Returning Officer to accept or to reject the nomination paper after its scrutiny and once the decision taken by him after scrutiny of the nomination, he has no right to change the decision. It means the decision, taken after scrutiny of the nomination papers stands as final. There after only appropriate court of law can decide to change this decision, only after completion of election.
