HANDBOOK FOR CANDIDATES
SCRUTINY OF NOMINATIONS
By whom scrutiny of nomination papers is held
Who may attend scrutiny of nominations
Reasonable facilities for examination of nomination
papers
Objections which may be raised
1. You have filed the
nomination paper and other candidates would have also done so. The next stage in the
election process is the scrutiny of nomination papers by the Returning Officer. The
Returning Officer is required by law to hold the scrutiny of all nomination papers
received by him on the date fixed for scrutiny in this election time table issued under
section 30 of the Representation of the People Act, 1951.
2. The scrutiny of nomination papers takes place on the day immediately following the last
date for filing nominations. Thus, if today is the last date for filing nominations then
tomorrow will be the date for scrutiny of nominations. But if tomorrow is a public holiday
then the scrutiny of nominations will take place day after tomorrow provided it again is
not a public holiday. In other words, scrutiny of nominations papers cannot be held as
pointed out already on a public holiday.
By
whom scrutiny of nomination papers is held:-The scrutiny of nomination papers can be
held only by the Returning Officer. This function cannot be delegated by the Returning
Officer even to an Assistant Returning Officer. There is only one exception, that is to
say, an Assistant Returning Officer may be authorised by the Returning Officer to hold the
scrutiny of nominations if, and only if, the Returning Officer is unavoidably prevented
from performing the function relating to the scrutiny of nominations (see the provision to
section 22 (2) of the Representation of the People Act, 1951).
4. Who
may attend scrutiny of nominations:-
According to law only four persons in the case of each candidate may attend at the
place where scrutiny takes place. These four persons are : (1) the candidate himself, (2)
the candidate's election agent, (3) any one of the proposers of the candidate and (4) one
other person authorised in writing by the candidate. Even if you have filed the maximum
number of nomination papers from the same constituency namely four nomination papers and
there are four or more different proposers, even then only one proposer can be present at
the scrutiny. Thus only four persons for each candidate can be present, and if there are,
say, for example, ten candidates who have filed nomination papers from a particular
constituency then in all forty persons can be present at the scrutiny. It will be better
for you if the fourth person to be authorised by you in writing at the time of scrutiny is
a lawyer conversant with election law so that he may adequately protects your interests at
the time of scrutiny. It will also be to your interests if you yourself can be present at
the scrutiny.
5. Reasonable
facilities for examination of nomination papers:- The four persons (including
yourself) who can be present on your behalf at the time of scrutiny have a right to have
all reasonable facilities for examining the nomination papers of all the candidates which
are taken up for scrutiny by the Returning Officer. This is a valuable right for you and
the three other persons who may be present along with you, namely, your election agent,
one of your proposers and the person authorised by you.
6. Objections
which may be raised : You should not raise any flimsy or technical objections in
regard to any nomination paper. Similarly you or the person representing you should oppose
any objection raised against your nomination on flimsy or technical ground. Section 36(4)
of the Representation of the People act, 1951 clearly lays down that the Returning Officer
shall not reject any nomination paper on the ground of any defect which is not of a
substantial character. Rule 4 of the Conduct of Elections Rules 1961 lays down that the
failure to complete or defect in completing a declaration regarding symbols in the
nomination papers is not a defect of a substantial character. Therefore, if any of your
opposing candidates raises any objection regarding a defect which is not of a substantial
character you or any of the persons who may be present on your behalf may oppose it. It
has already been pointed out that on the presentation of a nomination paper the Returning
Officer will satisfy himself that the names and the electoral roll numbers of the
candidate and his proposer as entered in the nomination paper are the same as those
entered in the electoral rolls. The Returning Officer may not therefore reject your
nomination paper on the ground of any misnomer or any inaccurate description or clerical
or technical or printing error in regard to your name or the name of your proposer or any
other person or in regard to any place mention in the electoral roll or nomination paper,
etc., provided that such description in regard to any name and place is such as to be
commonly understood. If at the time of scrutiny any objection is raised regarding such
misnomer or inaccurate description etc., you may draw immediate attention to the proviso
to section 33(4) of the Representation of the People act, 1951.
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