Section 41 in Himachal Pradesh Municipal Election Rules, 2015
41. Scrutiny of nomination papers.
(1)On the date fixed for the scrutiny of nomination papers under rule 36 the candidate or his proposer, and one other person duly authorized in writing by each candidate, may attend process of scrutiny and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all the candidates which have been received by him within the time and in the manner laid down in rule 38.(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 the office 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 a failure to comply with any of the provisions of rule 38 or rule 39 or(c)that the signatures of the candidate or the proposer on the nomination paper are not genuine.(3)Nothing contained in clause (b) or clause (c) of sub-rule (2) shall be deemed to authorize the rejection of other nomination of the same candidate where such rejection is not warranted.(4)The Returning Officer shall hold the scrutiny on the date and time appointed in this behalf under clause (d) of sub-rule (1) of rule 36. The process of scrutiny once started shall not be adjourned, except, when such proceedings are interrupted or obstructed by riots, open violence or by causes beyond the control of the Returning Officer :Provided that in case an objection is raised by the Returning Officer or is made by the candidate or the person duly authorized in writing by the candidate, the candidate concerned may be allowed time to rebut it not later than the day next to the day of scrutiny and the Returning Officer shall record his decision on the date to which the proceedings have been adjourned.(5)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.(6)For the purpose of this rule, an entry in the electoral roll for the time being in force of a ward shall be conclusive evidence of the fact that the person referred to in that entry is a voter for that ward(7)Immediately after all the nomination papers have been scrutinized and the decision accepting or rejecting the same have been recorded, the Returning Officer shall prepare in form -22 a list of validly nominated candidates that is to say, candidates whose nomination have been found valid and affix on the notice board at the office of the Returning Officer.
