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State of Goa - Section

Section 21 in The Goa Agricultural Produce Marketing (Development and Regulation) Rules, 2010

21. Scrutiny of nominations.

(1)On the date appointed for the scrutiny of nominations under rule 14, the candidate, one proposer of each candidate, and one person duly authorized in writing by each candidate, and no other person, may attend at the time and place appointed in this behalf under rule 14 and the Returning Officer shall give them all reasonable opportunity for examining the nomination papers of all candidates which have been delivered as required by rule 16.
(2)The Returning Officer shall then examine the nomination papers and shall decide all objections made to any nomination, and may, either on such objection or on his own motion, after conducting a summary inquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds:-
(a)That the candidate is disqualified for being chosen as or for being a member of the Marketing Board;
(b)That the proposer is disqualified from subscribing a nomination paper;
(c)That there has been a failure to comply with any of the provisions under rule 16 or rule 19;
(d)That the signature of the candidate or the proposer on the nomination paper is not genuine.
(3)Nothing contained in clauses (c) or (d) of sub-rule (2) shall be deemed to authorize the rejection 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.
(4)The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.
(5)The Returning Officer shall hold the scrutiny of nominations on such date appointed in this behalf under clause (b) of rule 14 and shall not allow any adjournment of the proceeding except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control:Provided that, in case of any objection raised by the Returning Officer or is raised by any other person, the candidate concerned may be allowed time to rebut it not later than the next day and the Returning Officer shall record his decision on the date to which proceedings have been adjourned.
(6)The Returning Officer shall endorse 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 his reasons for such rejection.
(7)For the purpose of this rule, the production of a certified copy of an entry made in the list of voters of the relevant constituency, shall be conclusive evidence of the right of any voter named in that entry to stand for election, unless it is proved that the candidate is disqualified.
(8)Immediately after all the nomination papers have been scrutinized and decision accepting or rejecting the same have been recorded, the Returning Officer shall, subject to the provisions of rule 24 prepare a list of candidates whose nominations have been accepted and shall affix the list on his notice board and shall record the date and the time when the list was so affixed.