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State of Tamilnadu - Section

Section 16 in Tamil Nadu Farmers' Management of Irrigation Systems Election Rules, 2003

16. Scrutiny of nominations.

(1)On the date, time and place appointed for scrutiny of the nominations, the candidate, or his proposer, or a person duly authorised in writing by the candidate may attend at such time and place of scrutiny. No other person shall be entitled to be present.
(2)The nomination forms shall, then, be examined with reference to the electoral roll and objections, if any, shall be decided by the Returning Officer at the time of scrutiny of nominations after summary enquiry as he thinks necessary. The Returning Officer may reject any nomination on any of the following grounds, namely: -
(i)that the candidate is ineligible for election as a member or President of Water Users Association under section 17 of the Act; or
(ii)that the name of the candidate or of his proposer is not found in the electoral roll; or
(iii)that the signature of the candidate or the proposer in the nomination paper is not genuine:
Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or of the name of his proposer, or of any other particulars relating to the candidate or his proposer as entered in the electoral roll, if the identity of the candidate or proposer, as the case may be, is otherwise established beyond reasonable doubt.
(3)The decision shall be endorsed on the nomination form for accepting or rejecting the same. If the nomination is rejected, the reason shall be recorded in writing a brief statement for such rejection in the appropriate place in Form-5.
(4)The scrutiny shall be completed within the time and date appointed in this behalf and no adjournment of the proceedings shall, ordinarily, be permissible except to provide an opportunity to a candidate to rebut any contention raised against his candidature.
(5)For the purpose of this rule, a certified copy of an entry in the electoral roll shall be conclusive evidence of the fact that the person referred to in that entry is an elector in the Territorial Constituency for that Water Users Association unless it is proved that he is subject to any disqualification mentioned in the Act.
(6)Immediately after all the nomination forms have been scrutinised and the decision of accepting or rejecting the same have been recorded in nomination Form-5, a list of candidates whose nominations have been found valid shall be prepared and affixed on the Notice Board of the office where the nominations are received and scrutinised in Form-8.