Question

Discuss the provision for nomination of candidates contesting for Lok Sabha or Legislative Assembly.

Answer 1

Answer:

Following points are important for filing nominations u/s. 33 of The Representation of the People Act, 1951.

As per Constitution and The Representation of the People Act, 1951, any person can contest from any constituency, provided that he possesses qualification for contesting from that constituency i.e. he has not been disqualified under Constitution or other laws for contesting the elections.

The candidate or any of his / her proposer should deliver the nomination paper to the Returning Officer or to the Assistant Returning Officer specified in public notice of election.

Candidate is required to deliver his nomination paper on or before last date for filing of nomination fixed by the Election Commission of India u/s. 30 A of The Representation of the People Act, 1951. It is clarified that if the last date for filing nomination shall be the seventh day after the date of notifications or if that day is public holiday under the Negotiable Instrument Act, then the nomination paper is required to be presented on immediate next day to the public holiday, which is not a public holiday.

No nomination paper can be filed on a day which is a public holiday. Candidate can not file his nomination paper before any person other than the Returning Officer or the Assistant Returning Officer specified to receive nomination papers. Nomination paper should be presented either by candidate or by any of his proposers.

Only the person, who is an elector in the constituency in which the candidate contests the election, can propose the name of the candidate and can sign the nomination paper, that means, the elector who has been enrolled in the electoral roll for the constituency other than the constituency from which the candidate contests the election can not propose the name of the candidate.

If the candidate is contesting the election as a candidate set up by a recognised political party, only one elector of the constituency is required to propose the name of the candidate but if the candidate contests the election as a candidate set up by registered unrecognised political party or as an independent candidate, in that case ten electors of the constituency are required to sign the nomination paper as proposers.