CHAPTER I.--Nomination of CandidatesCentral
Section 36 of The Representation of the People Act, 1951
Scrutiny of nominations.
- (1)On the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents, one proposer 1*** of each candidate, and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 33.
- (2)The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, 2[reject] any nomination on any of the following grounds: 3[(a) 4that on the date fixed for the scrutiny of nominations the candidate] either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely: Articles 84, 102, 173 and 191, 5***. 6[Part II of this Act and sections 4 and 14 of the Government of Union Territories Act, 1963 (20 of 1963)] 7***; or
- (3)Nothing contained in 8[clause (b) or clause (c)] of sub-section (2) shall be deemed to authorise the 9[rejection] of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.
- (4)The returning officer shall not reject any nomination paper on the ground of any 10*** defect which is not of a substantial character.
- (5)The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 30 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: Provided that in case 11[an objection is raised by the returning officer or is made by any other person] the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned.
- (6)The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection. 12(7) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950).
- (8)Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix it to his notice board.]
Summary
- The returning officer examines all nomination papers and decides on any objections.
- Candidates, their agents, and proposers have the right to attend the scrutiny and inspect all papers.
- Nominations can be rejected for lack of qualifications, non-genuine signatures, or failing to follow rules on deposits.
- A nomination cannot be rejected for a small defect that is not of a substantial, or very important, character.
- If an objection is raised, a candidate can have time to respond until the next day but one.
- After checking all forms, the officer prepares and posts a list of validly nominated candidates.
Practical examples
1During the meeting on June 12, a rival candidate points out that Arjun's form has a fake signature from his proposer. The officer looks at it and, under Section 36 of the 1951 Act, holds a quick inquiry and rejects Arjun's paper.
2Meena forgot to include her middle name on one line of the form, but everything else is perfect. The officer decides this is a minor technicality and, following Section 36 of the Act, accepts her nomination anyway.
3Someone objects that Priya is too young to run. Priya asks for time to get her birth certificate. The officer, per Section 36, adjourns the meeting until the "next day but one" to let her prove her age.
FAQ
1. Who can attend the nomination scrutiny under Section 36 of The Representation of the People Act, 1951?
Under Section 36 of the 1951 Act, the candidates, their election agents, one proposer each, and one other authorized person may attend.
2. Can a small error get a nomination rejected under the Representation of the People Act, 1951?
No, Section 36(4) of the 1951 Act says the officer shall not reject a paper for a defect which is not of a "substantial character".
3. What if someone objects to my nomination according to the 1951 Act?
Section 36(5) of The Representation of the People Act, 1951 allows the candidate time to rebut an objection until "not later than the next day but one" after scrutiny.
4. Is a certified entry in the electoral roll proof of being an elector under the 1951 Act?
Yes, Section 36(7) of the 1951 Act states it is conclusive evidence, unless the person is specifically disqualified.
Test yourself
1.Under Section 36 of The Representation of the People Act, 1951, which of these is a ground for rejecting a nomination?
2.According to Section 36 of the 1951 Act, if an objection is raised on Tuesday, what is the latest the candidate can respond?
3.What is required if a returning officer rejects a nomination under Section 36 of the Representation of the People Act, 1951?
4.Under Section 36 of the 1951 Act, what must the officer do immediately after all papers are scrutinized?