HANDBOOKS


HANDBOOK FOR RETURNING OFFICERS


NOMINATIONS

Public Holiday - Effect on Election Programme
Assistant Returning Officers
Nomination Papers - Form of
Number of proposers for nomination

Public Holiday - Effect on Election Programme

7.1 The public notice under Section 31 can be issued on a public holiday. However, nomination papers will not be received on that date. A candidate may present his nomination paper on the very day of the notice, or on any of the seven days following that day, unless any of these days is a public holiday.

7.2 In case the last date for making nominations or the date for the scrutiny of nominations or the last date for the withdrawal of candidatures is declared a public holiday under the Negotiable Instruments Act, 1881, due to some reasons after the issue of notifications, the fact should be brought to the notice of the Chief Electoral Officer and the Election Commission immediately. In such event, the last date for making nominations or the date for the scrutiny of nominations or the last date for the withdrawal of candidatures and other dates will be amended by the Commission, as necessary.

7.3 If the date fixed for the scrutiny of nominations becomes a public holiday under the Negotiable Instruments Act, 1881 the scrutiny will be held on the next succeeding day which is not a public holiday.

7.4 Similarly, if the last date for making nominations or the withdrawal of candidatures becomes a public holiday the nomination papers or, as the case may be, notice of withdrawal of candidatures filed on the next working day should be accepted.

7.5 You may bear in mind that the second or fourth Saturday of a month or all Saturdays of the month where these are observed as holidays for Government offices, are not to be treated as "public holidays" under the Negotiable Instruments Act, 1881, unless the same are specifically declared as such holidays under that Act.

Assistant Returning Officers

8.1 Your Assistant Returning Officers can perform any of your functions subject to your overall control. They are, however, not competent to hold scrutiny of any nomination paper under section 36 unless you are unavoidably prevented from holding such scrutiny yourself.

8.2 The Assistant Returning Officers should sign the papers as "Assistant Returning Officer" and not "for Returning Officer"

Nomination Papers - Form of

9.1 The nomination of a candidate for election to the House of the People shall be made in Form 2A appended to Conduct of Elections Rules, 1961. Relevant form for making nomination of a candidate at an election to the State Legislative Assembly is Form 2B.

9.2 These Forms have been recently revised and you should ensure that only these revised Forms are supplied to intending candidates.

9.3 While supplying forms of nomination papers to intending candidates, you should also attach to that form a copy of the memorandum together with the proforma prescribed by the Commission (as in Annexure XI) asking the candidates to furnish information under section 8 of the Representation of the People Act, 1951, in regard to their convictions, if any, by Courts of law. (Also kindly see para 20 of this Chapter for further instructions in this behalf.)

Number of proposers for nomination

10.1 Under the amended section 33 of the Representation of the People Act, 1951, the nomination of a candidate at election to the House of the People or a State Legislative Assembly shall be required to be subscribed by-

(i) One elector of the constituency, as proposer, if the candidate has been set up either by a recognised National party or by a recognised State party in the State or States in which it is recognised as State Party (see Part-I of the revised Forms 2A and 2B);

(ii) Ten (10) electors of the constituency, as proposers, if the candidate has been set by a registered un-recognised political party or if he is an independent candidate (see Part-II of the revised Forms 2A and 2B).

10.2 If a State party recognised in one State is granted concession for using its reserved ‘Symbol’ under para 10 of the Election Symbols (Reservation and Allotment) Order, 1968, in another State in which it is not so recognised, the nomination of candidate(s) set up by that party in such other State will also be required to be subscribed by ten(10 electors of the constituency, as proposers.

BACK TO INDEX I PREVIOUS PAGE I NEXT PAGE I NEXT DOCUMENT