(1) A candidate shall not be deemed to be duly nominated for election from a ward unless he deposits or causes to be deposited a sum of Twenty Five hundred rupees or where the candidate is a member of a Scheduled Castes or Scheduled Tribes, a sum of One Thousand rupees. The deposit shall be forfeited if the candidate does not secure at least one – sixth of the total number of valid votes polled. The deposited money if not forfeited, shall be returned to the candidate after the declaration of the result :
Provided that where a candidate has been nominated by more than one nomination paper for election in the same ward, not more than one deposit shall be required of him under this sub-rule.
(2) Any sum required to be deposited under sub-rule (1) shall not be deemed to have been so deposited unless at the time of delivery of the nomination paper under subrule (1) of rule 32, the candidate has either deposited or caused to be deposited that sum with Returning Officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the treasury.
35. Notice of nominations and the time and place for their scrutiny : The Returning Officer shall, on receiving the nomination papers under rule 32 inform the person delivering the same the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number and shall sign thereon a SERIES - I (2015) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 50) Page -13 certificate stating the date on which and the hour at which the nomination paper has been delivered to him, and shall as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination received by him containing descriptions similar to those contained in the nomination paper both of the candidate and of the proposer in Form – 6.
36. Scrutiny of nomination : (1) On the date fixed for the scrutiny of nominations under clause (b) of rule 29, the candidates, their election agents, one proposer of each candidate and one other person duly authorized in writing by each candidate, but no other person, may attend, at the appointed time and place, 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 rule 35.
(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, reject any nomination on any of the following grounds, namely:-
(a) That 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 the Regulation or these rules :
(b) That there has been any failure to comply with any of the provision of the rule 32 or 34 : or
(c) That the signature of the candidate or the proposer on the nomination paper is not genuine.
(3) Nothing contained in clause (b) or clause (c) of sub-rule (2) shall be deemed to authorize the 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 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 rule 29 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 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 had 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.
(7) For the purpose of this rule a certified copy of an entry in the electoral roll for the time being in force of a ward shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that ward.
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(8) Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of validly nominated candidates in Form 7, that is to say candidates whose nomination have been found valid, and affix it on the notice board of his office.
The list shall be prepared in English and Gujarati language and the names shall be arranged in English alphabetical order.
(9) The names of every such candidates shall be shown in Form – 7 as it appears in his nomination papers :
Provided that if a candidate consider that his name is incorrectly spelt or is otherwise incorrectly shown in his nomination paper or is different from the name by which he is popularly known, he may, at any time before the list of contesting candidate is prepared, forward in writing to the Returning Officer the proper form and spelling of his names and the Returning Officer shall, on being satisfied as to the genuineness of the request, make the necessary correction or alteration in the list and adopt the form and spelling in the list of contesting candidates.
37. Withdrawal of Candidature : (1) Any candidate may withdraw his candidature by a notice in writing in Form-8. On receipt of such notice, the Returning Officer shall note thereon the date and time at which it was delivered.
(2) Every notice of withdrawal which is delivered under sub-rule (1) shall be subscribed by the candidate and delivered before three o’ clock in the afternoon, on the day fixed under clause (c) of rule 29 to the Returning Officer either by such candidate in person or by his proposer, or election agent who has been authorized in this behalf in writing by such candidate.
(3) No person, who has given a notice of withdrawal of his candidature under sub-rule
(1) shall be allowed to cancel such notice.
(4) The Returning Officer shall on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-rule (1), cause the notice to be affixed on the notice board of his office.
38. Publication of list of contesting candidates : (1) Immediately after expiry of the period within which candidatures may be withdrawn under rule 37, the Returning Officer shall prepare and publish a list of contesting candidates, that is to say the candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the said period in Form No-9.
(2) The said list shall contain the names and the addresses of the contesting candidates as given in the nomination paper. The list shall also indicate the symbols assigned to such candidates.
(3) The Returning Officer shall consider the choice of symbols expressed by the contesting candidates in their nomination papers and shall, subject to any general or special directions issued in this behalf by the Commission.
(a) allot a different symbol to each contesting candidate in conformity, as far as practicable with his choice : and
(b) If more contesting candidates than one have indicated their preference for the same symbol, decide by lot to which of such candidates the symbol will be allotted.
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(4) The allotment by the Returning Officer of any symbol to a candidate shall be final except where it is inconsistent with any directions issued by the Commission in this behalf in which case the Commission may revise the allotment in such manner as it thinks fit.
(5) Every candidate or his election agent shall forthwith be informed of the symbol allotted to the candidate and be supplied with a specimen thereof by the Returning Officer.
(6) A copy of the list of contesting candidates indicating the symbols allotted to each candidate shall be sent to the Commission and the Director of Panchayats Elections.
39. Declaration of Result in un-contesting election :
(1) If the number of the contesting candidate after withdrawal of candidature, is one, the Returning Officer shall forthwith declare in Form-21 B or 21-C, whichever is applicable, such candidate to be duly elected to fill that seat and send signed copies of declaration to the Commission and the Director of Panchayats Elections.
(2) If there is no contesting candidate, the Commission shall, by notification in the Official Gazette, call upon the ward to elect a person to fill that seat:
Provided that where the ward having already been called upon under this rule has failed to elect a person to fill the vacancy, the Commission shall not be bound to call upon the ward until it is satisfied that if called upon again, there will be no such failure on the part of the ward.
CHAPTER XI CANDIDATES AND THEIR AGENTS