the representation of the people act, 1951 - Ministry of Law and Justice

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78Representation of the People Act, 1951(PART II.—Acts of Parliament)(b) the date for the scrutiny of nominations, which shall be 1 [the day immediately following] the last datefor making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday ;(c) the last date for the withdrawal of candidatures, which shall be 2 [the second day] after the date for thescrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;(d) the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be adate not earlier than the 3 [fourteenth day] after the last date for the withdrawal of candidatures; and(e) the date before which the election shall be completed.4 * * * * *]31. Public notice of election. —On the issue of a notification under section 30, the returning officer 5 *** shall givepublic notice of the intended election in such form and manner as may be prescribed, inviting nominations of candidatesfor such election and specifying the place at which the nomination papers are to be delivered.32. Nomination of candidates for election. —Any person may be nominated as a candidate for election to filla seat 6 *** if he is qualified to be chosen to fill that seat under the provisions of the Constitution and this Act 7 *** 8 [orunder the provisions of the Government of Union Territories Act, 1963 (20 of 1963), as the case may be.]9 [33. Presentation of nomination paper and requirements for a valid nomination. —(1) On or before the dateappointed under clause (a) of section 30 each candidate shall, either in person or by his proposer, between the hours of eleveno'clock in the forenoon and three o'clock in the afternoon deliver to the returning officer at the place specified in thisbehalf in the notice issued under section 31 a nomination paper completed in the prescribed form and signed by thecandidate and by an elector of the constituency as proposer :10 [Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominatedfor election form a constituency unless the nomination paper is subscribed by ten proposers being electors of theconstituency:Provided further that no nomination paper shall be delivered to the returning officer on a day which is a publicholiday:Provided also that in the case of a local authorities' constituency, graduates' constituency or teachers' constituency,the reference to "an elector of the constituency as proposer" shall be construed as a reference to ten per cent. of theelectors of the constituency or ten such electors, whichever is less, as proposers.]_____________________________________________________________________________________1. Subs. by Act 47 of 1966, s. 27, for "the second day after" (w.e.f. 14-12-1966).2. Subs. by s. 27, ibid., for "the third day" (w.e.f. 14-12-1966).3. Subs. by Act 21 of 1996, s. 5, for "twentieth day" (w.e.f. 1-8-1996).4. Explanation omitted by Act 47 of 1966, s. 27 (w.e.f. 14-12-1966).5. The words "for the constituency" omitted by s. 28, ibid. (w.e.f. 14-12-1966).6. The words "in any constituency" omitted by Act 27 of 1956, s. 15.7. Certain words ins. by s. 15, ibid., and omitted by the Adaptation of Laws (No. 2) Order, 1956.8. Ins. by Act 20 of 1963, s. 57 and the Second Sch.9. Subs. by Act 27 of 1956, s. 16, for s. 33.10. Subs. by Act 21 of 1996, s. 6, for the provisos (w.e.f. 1-8-1996).
79Representation of the People Act, 1951(PART II.—Acts of Parliament)1 [(1A) Notwithstanding anything contained in sub-section (1) for election to the Legislative Assembly of Sikkim(deemed to be the Legislative Assembly of that State duly constituted under the Constitution), the nomination paper tobe delivered to the returning officer shall be in such form and manner as may be prescribed :Provided that the said nomination paper shall be subscribed by the candidate as assenting to the nomination, and—(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, also by at least twenty electorsof the constituency as proposers and twenty electors of the constituency as seconders;(b) in the case of a seat reserved for Sanghas, also by at least twenty electors of the constituency asproposers and at least twenty electors of the constituency as seconders;(c) in the case of a seat reserved for Sikkimese of Nepali origin, by an elector of the constituency asproposer:Provided further that no nomination paper shall be delivered to the returning officer on a day which is apublic holiday.](2) In a constituency where any seat is reserved, a candidate shall not be deemed to be qualified to be chosen to fillthat seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is amember and the area in relation to which that caste or tribe is a Scheduled Caste or, as the case may be, a Scheduled Tribe ofthe State.(3) Where the candidate is a person who, having held any office referred to in 2 [section 9] has been dismissedand a period of five years has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as acandidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the ElectionCommission to the effect that he has not been dismissed for corruption or disloyalty to the State.(4) On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoralroll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoralrolls :3 [Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the nameof the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or thenomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in theelectoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper withrespect to such person or place in any case where the description in regard to the name of the person or place is such as to becommonly understood; and the returning officer shall permit any such misnomer or inaccurate description or clerical,technical or printing error to be corrected and where necessary, direct that any such misnomer, inaccurate description,clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.](5) Where the candidate is an elector of a different constituency, a copy of the electoral roll of that constituency orof the relevant part thereof or a certified copy of the relevant entries in such roll shall, unless it has been filed along with thenomination paper, be produced before the returning officer at the time of scrutiny.4 [(6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper:Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or acceptedby the returning officer for election in the same constituency.]5 [(7) Notwithstanding anything contained in sub-section (6) or in any other provisions of this Act, a person shall notbe nominated as a candidate for election,—(a) in the case of a general election to the House of the People (whether or not held simultaneouslyfrom all Parliamentary constituencies), from more than two Parliamentary constituencies;_____________________________________________________________________________________1. Ins. by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975).2. Subs. by Act 38 of 1978, s. 3 and the Second Sch., for "clause (f) of section 7".3. Subs. by Act 47 of 1966, s. 29, for the proviso (w.e.f. 14-12-1966).4. Subs. by Act 40 of 1961, s. 8, for sub-section (6) (w.e.f. 20-9-1961).5. Ins. by Act 21 of 1996, s. 6 (w.e.f. 1-8-1996).
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