Section 46 in The Bihar Municipal Election Rules, 2007
46. Scrutiny of Nomination papers.
(1)The Returning Officer shall examine the nomination papers and shall 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 refuse any nomination on any one or more of the following grounds, namely:-(i)that the candidate is not qualified or is disqualified for being chosen to fill the seat under the Act; or(ii)that the name of the proposer or the seconder is not registered on the electoral roll of the Ward for which the candidate is nominated; or(iii)that the proposer or the seconder has subscribed another nomination paper which have already been received by the Returning Officer; or(iv)that there has been any failure to comply with any of the provisions of the Act or of the Rules relating to the nomination of candidates; or(v)that the candidate or any proposer or seconder is not identical with the person whose electoral number is given in the nomination paper as the number of such candidate, proposer or seconder, as the case may be, or(vi)that the signature of the candidate or of any proposer or seconder is not genuine or has been obtained by fraud; or(vii)that the following documents have not been submitted along with nomination papers(a)declaration regarding enrollment as an elector(b)declaration regarding conviction by a Court of law or criminal cases pending in any Court of law.(c)Castes Certificates as a proof of belonging to the Scheduled castes/Scheduled Tribes/Backward Classes issued' by Block Development Officer/Divisional Magistrate/District Magistrate in case of nomination being filed by a candidate who wants to avail of the benefits of reservation of seats and amount of nomination fee available to the members of the Scheduled Casts/Scheduled Tribes/Backward Classes.(d)Challan or Receipt of fee deposited.Explanation:-For the purpose of sub-rule (1)(i)the production of the electoral roll or certified copy of an entry made in the electoral roll of any ward shall be conclusive evidence of the right of any elector, named in that entry to stand for election or to subscribe a nomination paper, as the case may be, unless it is proved that the candidate or the proposer or seconder is disqualified under the Act or these Rules as the case may be.(ii)where a person has subscribed, whether as proposer or seconder, a larger number of nomination papers than there are vacancies to be filled, those of the papers so subscribed which have been first received up to the number of vacancies to be filled shall be deemed to be valid.(2)Nothing contained in clause (ii), clause (iii), clause (iv), or clause (v) of sub-rule (1) shall be deemed to authorise the refusal of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.(3)Nothing contained in clause (iv) of sub-rule (1) shall be deemed to authorise the refusal of the nomination of any candidate if notwithstanding any clerical error or misnomer or inaccurate description of any person or place in an electoral roll or in the entries made in the nomination paper the identity of the candidate or of his proposer or seconder is established to the satisfaction of the Returning Officer.(4)The Returning Officer shall hold the scrutiny on the date appointed 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 in case an objection is made, the candidate concerned may be allowed time to rebut it not later than the following day on which scrutiny is held and the Returning Officer shall record his decision on the date to which the proceedings have been adjourned.
