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State of Odisha - Section

Section 29 in The Orissa Municipal Delimitation of Wards, Reservation of Seats and Conduct of Election Rules, 1994

29. Scrutiny of nomination papers.

(1)On the date appointed for the scrutiny of nomination, the candidates, one proposer and one seconder of each candidate and any other person duly authorised in writing by each candidate, and except for the purpose of assisting the Election Officer, no other person, may attend at such time and place as may be specified under Rule 28 and the Election Officer shall give such person all reasonable facilities to examine the nomination papers of all candidates which have been received as aforesaid.
(2)The Election Officer shall then examine the nomination papers and shall decide all objection which may be made at the time to any nominations and may, either on such objections or on his own motion after such summary enquiry, if any, as he thinks necessary, reject any nomination on any the following grounds -
(i)[ that the candidate is ineligible for contesting the election under Section 16 of the Act.] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.]
(ii)that the candidate is unable to produce an affidavit from the competent authority to the effect that he has not more than one spouse living and not more than two children;
(iii)that the proposer or seconder is a person whose name is not registered on the electoral roll for the ward of the Municipality;
(iv)that there has been any failure on the part of the candidate or his proposer or seconder to comply with any of the provisions of Rule 25 or 27; or
(v)that in case the election is solely for a seat reserved for the Scheduled Tribes or Scheduled Castes or for women or for the Backward Class of citizens the candidate does not belong to the Scheduled Tribes, or Scheduled Castes or Women or to the Backward Class of citizens, as the case may be. In the case of a member of the Scheduled Castes or Scheduled Tribes or Backward Class of citizens, the candidate is to prove himself to be a member of such Caste/Tribe/ Backward Class of citizens by producing a certificate to that effect from the competent authority before the Election Officer.
(3)The Election 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. The scrutiny shall be completed on the date appointed on this behalf under Rule 24 and no adjournment of the proceedings shall be allowed.
(4)The decision of the Election Officer shall be final.