Explain the process of nomination and declaration by the candidate
Answers
Explanation:
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 .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. 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.Nomination paper can be filed only between 11 o'clock in the forenoon and 3 o'clock in the afternoon on any of the day specified for filing nomination.
Nomination paper can be presented at the place fixed by the Returning Officer for filing nomination paper.If the nomination paper is presented at the place other than the place fixed for presenting nomination paper, then it is considered that the nomination paper is not presented in proper manner.Nomination paper should be in prescribed from.If the candidate is set up by a recognised political party, then one elector of the constituency should sign part-I of the nomination paper as a proposer. In addition to this, the candidate must sign Part-III, the necessary declaration in the nomination paper.If the candidate or any of his proposers is not able to sign, in that case thumb impression or any other mark as directed by Returning Officer or specified Assistant Returning Officer, in his presence are required to be placed.
To contest the election in the constituency reserved for scheduled cast or scheduled tribe, the candidate is required to make declaration with the nomination paper that he or she belongs to the scheduled cast or scheduled tribe.
A person, who having held an office under the Government of India or under the Government of any State has been dismissed, wants to contest election, he is required to produce alongwith his nomination paper, the certificate issued by the Election Commission.Such certificate is issued by the Election Commission of India to decide whether the person is dismissed for corruption or for disloyalty to the State. Such certificate should be issued under the signature of the Secretary, Election Commission of India and with authorised stamp . Such certificate is required in the case of a person in whose case, five years of his dismissal have not been completed. The certificate of the Election Commission of India to this effect qualifies the person to contest the election. The certificate issued by the Commission is considered to be final and it can not be challenged in the court of law.Maximum four nomination papers can be filed by a candidate or on his behalf for a constituency. If a candidate desires to contest from the constituency other than the constituency in which he has been enrolled as an elector, he is required to produce copy of the electoral roll or relevant part of the electoral roll in which he has been registered as an elector.
As per Articles 84 & 173, a candidate is required to make and subscribe oath in the Form prescribed under third schedule of the Constitution to the effect that. Such oath is required to be made after filing nomination and in any case before the date of scrutiny.