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[Cites 0, Cited by 0] [Section 136] [Entire Act]

State of Mizoram - Subsection

Section 136(2) in The Mizoram Autonomous District Council (Constitution and Conduct of Business of the District Councils) Rules, 1974

(2)
(a)The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any notification 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 of the following grounds:
(i)that the candidate is not qualified to be elected to fill the seat under the Constitution or any rules made thereunder;
(ii)that a proposer or seconder is disqualified from subscribing a nomination paper under sub-rule (4) of Rule 133;
(iii)that there has been a substantial failure to comply with any of the provisions of Rule 134 or Rule 135;
(iv)that the candidate or any proposer or seconder is not substantially identical with the person whose number or name of such candidate's proposer or seconder;
(v)that the signature of the candidate of any proposer or seconder is not genuine or has been obtained by fraud.
The Returning Officer shall not, however, refuse any nomination paper on the ground of a slight technical defect such as the wrong spelling of a name, and shall accept any nomination paper in respect of which he is satisfied that the candidate is qualified to be chosen to fill the seat and has been proposed and seconded by persons who are qualified to do so.
(b)For the purpose of this rule, the production of a certified copy of an entry made in the electoral roll of any constituency shall be conclusive evidence of the right of any voter 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 otherwise disqualified.