Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Maharashtra - Section

Section 45 in The Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967

45. Presentation of nomination paper and requirements for valid nomination.

(1)On or before the date appointed under clause (a) sub-rule (1) of rule 43, each candidate shall either in person or by his proposer deliver to the Returning Officer during the time and at the place specified in the order made under rule 43 a nomination paper completed as provided by rule 44 and signed by the candidate and by [two voters of his constituency, one of whom shall be the proposer and another as the seconder] [These words were substituted tor the words 'a voter of the constituency as proposer' by G.N. of 7.6.1990.].
(2)Any person who is not subject to any disqualification as a voter under these rules and whose name is entered in the list of voters for the constituency for which the candidate is nominated, may subscribe as proposer. He shall not subscribe as proposer [or seconder] [These words were added by G. N. of 7.6.1990.] more than one nomination paper.
(2A)[ In the case of a reserved seat under the provisions of section 13(1), a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particulars of scheduled caste or scheduled tribe of which he is a member.] [Sub-rule (2A) was inserted by G. N. of 7.6.1990.]
(3)[ On presentation of a nomination paper the Returning Officer shall satisfy himself that the candidate is an [agriculturist residing in the market area] [Modified as per Government Notification No. APM. 2069/7757-C-1, dated 8th February, 1971, published in M.G.G., Part IV-B, dated 8.2.1971.] or as the case may be, a trader and that the name and the number in the list of voters of the proposer as entered in the nomination paper are the same as those entered in the list of votes :Provided that, the Returning Officer shall permit any clerical or technical error in the nomination paper in regard to the said names or numbers to be corrected in order to bring them into conformity with the corresponding entries in the list of voters; and where necessary, any clerical or printing error in the said entries shall be overlooked.][Explanation 1 - For the purpose of satisfying the Returning Officer that the candidate is an agriculturist, a certificate of the Sarpanch or Talathi of the Village or the Secretary of the Primary Co-operative Credit Society in the village where the candidate resides to the effect that the person is an agriculturist as defined in clause (b) of [sub-section (1) of section 2 of the Act and is residing in the market area] [Explanation to sub-rule (3) shall be numbered as Explanation I and Explanation II was added by G. N. of 7.6.1990.] shall be produced along with the nomination paper. The certificate shall be conclusive proof that the candidate is an agriculturist.Explanation 2 - For the purpose of satisfying the Returning Officer that the candidate belongs to scheduled castes or scheduled tribes, a certificate from the competent authority as determined by the Government shall be produced along with nomination paper and the same shall be conclusive proof that a candidate belongs to the caste mentioned in the certificate.]
(4)[ * * *] [Deleted as per Government Notification No. APM. 2069/7757-C-1, dated 8th February, 1971.]
(5)Nothing in this rule shall prevent any candidate from being nominated by more than one nomination paper for election in the same constituency :[Provided that, not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the Returning Officer for election in the same constituency.] [Added as per G. N., No. APM. 1167/25332-(Part III)-C-1, dated 18th February, 1971.]