Chapter I of Part V of the Representation of People Act of 1951 (RP Act), which deals exclusively with the issues related to nomination of candidates, provides answers to many of the questions that the Vishal nomination episode has triggered.
As per Section 30 of the Act, the last date for making nominations should be seventh day after the date of publication of the election notification, or if that day was a public holiday, the next succeeding day which does not happen to be a public holiday. The date for scrutiny of nominations should be the last day for making nominations.
Further, Section 32 requires every candidate to appear either in person or through his/her proposer between 11 a.m. and 3 p.m. on the day of filing of nomination.
A proviso to the same section states that an independent candidate’s nomination shall not be accepted unless his/her name had been proposed by at least 10 electors of the constituency.
Section 33(4) of the RP Act states that on the presentation of a nomination paper, the returning officer should satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper were the same as those entered in the electoral rolls of the constituency concerned.
Section 33A (2) of the Act mandates a candidate or his proposer to file a sworn affidavit too along with the nomination papers and sub-clause (3) makes it mandatory for the returning officer to display the affidavit at a conspicuous place at his office for the information of the electors of the constituency for which the nomination had been filed..
Procedure for scrutiny
The most important of all the provisions under Chapter I is Section 36 which lays down the procedure for scrutiny of nominations.
Sub clause (1) of the section states that on the day of scrutiny of nominations, the candidates, their election agents and one proposer of each candidate could be allowed to examine nomination papers of all candidates.
Thereafter, the returning officer should examine the nomination papers and take a decision on objections raised against any nomination and “may,” either on such objection or on his own motion, after such summary inquiry, if any, as he/she thinks necessary, reject any nomination on grounds such as fake signature of either the candidate or the proposer.
Section 36(5) of the Act states that the returning officer should take a decision forthwith and should not allow any adjournment of the proceedings except when such proceedings were interrupted or obstructed by riot or open violence or by causes beyond the officer’s control.
Significantly, a proviso to the section goes on to read: “...[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 have been adjourned.”
