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Section 20: Scrutiny of nomination papers

The Jharkhand Wakf Rules 2004State Rules of Jharkhand · 1995

(1) On the date fixed for scrutiny of nominations under rule 18, the candidate or his Election agent or one proposed of each candidate may attend at such time and place as the Returning Officer shall fix and the returning Officer shall give then, all reasonable facilities for examination of nominations of all candidates which have been delivered and filed in time.

(2) The Returning Officer shall, thereafter examine all the nomination papers and shall receive objections if any to any nomination may, either on receipt of such objections or on his own motion, after summary scrutiny, may reject any nomination on any of the following grounds :-

(a) that on the date fixed for scrutiny of nominations, the candidate either was not qualified or was disqualified as per Section 16 for being elected to the seat from the - 8 - respective electoral college under clause (b) of Sub-Section (1) of Section 14.

(b) That there has been a failure on the part of a candidate the comply with any of the provisions under rules 16, 17 and 18.

(c) That the signature of the candidate or propose on the nomination paper is not genuine.

(3) Nothing contained in clause (b) or (c) of sub-rule (2) shall be deemed to authorize the rejection of nomination of any candidate on the ground of any irregularity in respect of a nomination paper if the other Nomination papers being free from irregularities, has been accepted in respect.

(4) The Returning officer shall not reject any nomination paper on the ground of a defect, which is not of a substantial nature.

(5) The Returning officer make the scrutiny on the specific date fixed for it under Rule 18 and shall not allow any adjournment of the proceedings except when proceedings are intercepted or obstructed by any cause beyond his control.

Provided that in case any objection is raised by the Returning Officer or by any other person the candidate concerned may be allowed time to rebut it which shall be the next following the date fixed for scrutiny and the Returning Officer shall record his decision on this date on which the proceedings have been adjourned.

(6) The Returning Officer shall make an endorsement on each nomination paper of his decision accepting or rejecting the same and if the nomination paper is rejected, shall record in writing a brief statement of his reason for such rejections.

(7) The Returning Officer shall take up the scrutiny of nomination papers of various electoral colleges as per the sequence under Clause (b) of Sub-Section (1) of Section 14.

(8) Immediately after all the nominations papers for the various electrol colleges have been scrutinized and decisions accepting or rejecting have been taken and the same have been recorded the Returning Officer shall prepare a list of candidate whose nominations have been found valid in Form 14.

21. Withdrawal of candidature-

(1) A candidate may at any time before the date and time notified under clause (e) of Sub-rule (1) or Rules 15 withdraw his candidature, by giving in writing to the Returning Officer, either in person or through his proposer or through his duly authorized election - 9 - agent a notice of withdrawal in Form 15. On receipt of such notice, the Returning Officer shall endorse thereon, the date and time at which it was delivered to him.

(2) No person who has given a Notice of withdrawal of the candidature, under sub rule (1) shall be allowed to recall the notice.

(3) The Returning Officer shall on being satisfied as to the genuineness of notice and the identify of the person delivering it, notify the withdrawal of candidature in Form 16, on the Notice Board or at a conspicuous place of his office for each of the Electoral colleges separately.

22. Preparation and publication of list of contesting candidates»

(1) Immediately on expiry of the period within which candidature may be withdrawn under rule 21, the Returning Officer shall, prepare in Form 17, a list of contesting candidate, in the English alphabetical order, their names with addresses as given in the nomination paper.

(2) The Returning Officer shall immediately after preparation of the list of contesting candidates, cause a copy of the list to be displayed on the Notice Board or affixed at a conspicuous place in his office. The list shall be published in Hindi languages.

Where this provision sits

ActThe Jharkhand Wakf Rules 2004
Section20
Marginal noteScrutiny of nomination papers
JurisdictionState of Jharkhand
StatusIn force as published by the source

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