Describe the procedure for the nomination of candidates for election in India.
Answers
The statutory requirements as to the nomination of candidates include:
notice on nomination procedure must be served to the committee members;
nomination must be supported by a majority of selection committee members;
petition, certificate, and nomination application must be filed with the officer specified in the election statute; and
certificate and nomination application must be filed within the time stipulated in the election statute.
The qualification for nomination as a candidate includes:
s/he must be a qualified voter[iv];
s/he must be eligible to hold the office;
s/he must make an oath that they were not engaged in any action to overthrow the government by force or violence; and
s/he was not a member of an organization that engage in anti-constitutional and anti social activities;
s/he must be affiliated with a political party and must be a political party member[v];
s/he must have registered with the party for two years[vi]; and
s/he must have residence in the place where s/he stands for election for a specific period of time preceding election.
However, the condition on registration with a party is not mandatory unless it is mandated by a statute.
As soon as the Notification calling upon a constituency to elect a member or members of Lok Sabha or State Legislative Assembly is issued , nomination paper may be filed to the concerned Returning Officer in the following procedure.
1. The age of the candidate must not be less than twenty -five years .
2. In respect of election from a constituency of the State Legislative Assembly , the intending candidate must be an elector of any Assembly Constituency of the State.
3. In respect of election from a Parliamentary Constituency, the candidate must be an elector of any Parliamentary Constituency within the country.
4. Nomination paper is to be filed in Form 2A for contesting in Lok Sabha Election and in Form 2B for State Legislative Assembly election.
5. Every candidate must make a security deposit of Rs. 10,000/- for contesting in Lok Sabha Election and Rs. 5,000/- for State Legislative Assembly Election along with nomination paper. For SC/ST Candidates the required amount is half. One deposit is suffucient for more than one nomination.
6. In case of a candidate set up by a National Party or state Party of Tripura , one proposer is sufficient. But in case of other candidates 10(ten) proposers are required . The proposers must be the voters of the constituency to which the candidate intends to contest.
7. Nominations can be filed to the respective Returning Officer or Assistant Returning Officer duly authorised for this purpose during specified hours i.e., from 11 AM to 3 PM on all working days within the period notified for the purpose except on the dates declared as Public Holidays.
8. Maximum 4(four) nomination papers can be filed in favour of one candiate.
9. No person can be nominated as candidate for more than two constituencies in the General Elections of the House of People or State Legislative Assembly.
10. If the candidate is a voter of a different Assembly constituency or Parliamentary Constituency to which he intends to contest , a certified copy of the relevent entries in the electoral roll needs be submitted with the nomination paper or at the time of scrutiny.
11. According to provison of the Constitution a candidate is required to make and subscribe an oath or affirmation in the prescribed form before the person authorised in that behalf by the election Commission of India and to submit a certificate to this effect issued by the said authorised person before the date fixed for scrutiny of nominaations, if may not possible to submit at the time for filing Nomination. Returning Officer is one of such authhorised persons.
12. Every candidate is required to submit before the date fixed for the scrutinty of nominations an Affidavit in prescribed format and a form of declaration to the effect that he/she is not disqualified for being chosen at the election on conviction for certain offences.
13. In a constituency reserved for SC or ST a person will not be qualified to be chosen as a candidate if he does not belong to a member of that SC or ST for which the constituency is reserved. However, a member of SC or ST may be candidate from a constituency which is Unreserved.
14. For being treated as a candidate set up by a party whether recognised or registered-unrecognised by the Election Commission of India , the concerned party must send their intimations in prescribed Forms A and B to the concerned Returning Officer of the State not later than 3 PM on the last date for making nominations.
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