Question

how nomination form is filled before election

Answer 1

(i) Nomination paper filed by a candidate in which he has claimed to have been set up by a recognised National or State Party and which is subscribed by only one elector as proposer will be rejected, if a notice in writing to that effect has not been delivered to the Returning Officer of the constituency and the Chief Electoral Officer of the State by an authorised office-bearer of that political party by 3.00 P.M. on the last date for making nominations (Notice in Form ‘A’ is required to be submitted to the Chief Electoral Officer and the Returning Officer concerned and notice in Form ‘B’ is to be submitted to the Returning Officer)

(ii) If a candidate has filed more than one (but not more than four) nomination papers - some as candidate set up by a recognised political party and the others as candidate set up by an un-recognised political party or as an independent candidate - in case the nomination paper filed as a candidate of a recognised political party is rejected on the ground of the non-receipt of the said notice in Forms 'A' and 'B' by 3.00 p.m. on the last date for making nominations from the concerned recognised political party, any or all other nomination papers will be accepted if the same are proposed by ten electors and are otherwise found valid on scrutiny. In such a case, he would be deemed to be a candidate set up by an un-recognised party, if such party has sent notices in Forms 'A' and 'B' by 3.00 p.m. on the last date for making nominations and otherwise an independent candidate. (in such event, the choice of symbols in the nomination paper with ten proposers first delivered to the Returning Officer by that candidate or on his behalf will only be considered whether that nomination paper is accepted or rejected during scrutiny.)

(iii) If a candidate has filed one nomination paper with both Parts I & II thereof filled and he fails to bring notice in Forms `A' and `B' from the authorised officer-bearer of the concerned political party, the nomination paper may be accepted if Part II is properly filled subscribed by ten electors as proposers, as there will be substantial compliance with the provisions of Section 33 of the Representation of the People Act, 1951.

(iv) If a candidate, who filled his nomination paper as candidate claiming to be set up by an un-recognised political party, fails to bring in his favour a notice from the concerned political party in Forms `A' and `B', his nomination paper will be accepted if it is subscribed by ten electors as proposers, and he would be deemed to be an independent candidate.

(v) If it is found at the time of scrutiny that a candidate has been nominated from more than two constituencies of the same class of a general election or the simultaneous bye elections, his nomination paper will be rejected. A candidate who has been nominated from more than two constituencies will also be guilty of making a false declaration in his nomination paper which contains a categorical declaration that he has not been nominated from more than two constituencies. The Returning Officer must, however, be absolutely satisfied beyond any shadow of doubt that the candidate concerned has filed nominations from more than two constituencies, before rejecting his nomination on this ground.

(vi) If nomination papers of a candidate, one nominating him as a candidate set up by a recognised political party and the other as an independent candidate, are accepted, he may be deemed to be a candidate set up by a recognised political party.

(vii) The nomination paper of a substitute candidate of a recognised political party will be rejected if the nomination paper of the main approved candidate of that recognised political party is accepted and if the nomination of substitute candidate is not subscribed by ten proposers.However, if such substitute candidate has also filed another nomination paper subscribed by ten electors as proposers, this latter nomination paper will be scrutinised independently by treating the candidate as an independent candidate. Further, if the nomination paper of the main approved candidate of the party is rejected, then also the nomination paper of the substitute candidate will be accepted, provided that the party has intimated his name as its substitute candidate in Form `A' and `B' filed before 3 p.m. on the last date for making nominations.