Section 29 in Tamil Nadu Panchayats (Elections) Rules, 1995
29. Scrutiny of nomination.
(1)On the date and hour notified, the Returning Officer shall take up the scrutiny of nominations at such place fixed for scrutiny. The candidate, one of his proposers and one other person duly authorised by him, but no other person, may attend the scrutiny. The Returning Officer shall give them all reasonable facilities for examining the nomination papers of all the candidates which have been specified in the list in Form 5.(2)If any person objects to any nomination, he shall do so either orally or in writing.(3)The Returning Officer shall, then, examine the nomination papers and decide one by one and Ward by Ward, all objections which may be raised to any nomination paper and may either on such objection or on his own motion after such summary inquiry, as he thinks necessary, reject any nomination on any of the following grounds-(a)that on the last date for filing of nomination papers, the candidate either was not qualified or was disqualified for being elected to fill the vacancy under any of the provisions of the Act; or(b)that there has been a failure to comply with any of the provisions in rule 26 or 27; or(c)that the signature of the candidate or the proposer on the nomination paper is not genuine; or(d)that, where election is solely for a seat or seats reserved for Scheduled Castes or Scheduled Tribes [***] [Omitted by G. O. Ms. No. 163, Rural Development (PE), dated the 7th August 1996.] or women, candidate does not belong to such category.(4)Nothing contained in clause (b) or (c) of sub-rule (3) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any defect in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no defect has been noticed.(5)The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.Explanation. - For the purpose of this sub-rule, failure to complete or any defect in completing the declaration as to symbols in a nomination paper relating to election of Presidents of Village Panchayats or members of Panchayat Union Councils or of District Panchayats shall not be a defect of a substantial character.(5-A) If a person files nomination papers in violation of sub-rule (3) of rule the Returning Officer shall scrutinise the nomination papers and accept the nominations, if they are otherwise in order, subject to the provisions of sub-rule (3) of rule 30.(6)Where a person has signed as proposer for more nomination papers than there are vacancies to be filled up, such of the nomination papers so signed which have been first received up to the number of vacancies to be filled, shall be accepted if they are otherwise valid and the others rejected.(7)The Returning Officer shall hold the scrutiny on the date and time notified in this behalf in the election notice and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control:Provided that if an objection is raised by the Returning Officer or is made by any other persons, the candidate concerned may be allowed time to rebut it not later than [10.00 a.m.] [Substituted for '11.00 a.m.' by G.O. Ms. No. 88, dated 25.7.2016.] on the next day, but one following date fixed for scrutiny. The Returning Officer shall give his decision on that nomination on the adjourned date.(8)The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same. If the nomination paper is rejected, he shall record in writing, a brief statement of his reasons for such rejection. A copy of the same may be furnished to the candidate concerned, if any application in this behalf has been made to him.(9)Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of validly nominated candidates in Form 6 and publish a copy thereof at the place notified for receipt of nominations. The list of candidates should be drawn up in the order of Tamil alphabet.
