(1) On the date fixed for the scrutiny of nomination papers under rule 33, the candidate and one other person duly authorised in writing by each candidate, but no other person, may attend and the Returning Officer shall, give them all reasonable facilities for examining the nomination paper of all the candidates, which have been delivered within the time and in the manner laid down in rules 35 and 36.
(2) The Returning Officer shall examine the nomination papers, and 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 nomination the candidate either is not qualified or is disqualified for being chosen to fill in the seat under the provisions of these rules or the Act or any other law for the time being in force; or
(b) that there has been any failure to comply with any of the provisions of rule 35 or rule 36; 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 authorise 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.
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(5) The Returning Officer shall hold the scrutiny on the date and time appointed in this behalf under clause (d) of rule 33 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot, open violence or by causes beyond his control:
Provided that in case an objection is raised by the Returning Officer or is made by the candidate or the person duly authorised in writing by the candidate, the candidate concerned may be allowed time to rebut it not later than the next day but one following the date 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 record 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 reasons for such rejection.
(7) For the purpose of this rule 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 a voter for that constituency.
(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 in Form-21 a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid and affix it on the notice board at the offices of the Returning Officer and of the Panchayats.