Section 13 in The Corporation of the City of Panaji (Election) Rules, 2004
13. Scrutiny of Nomination Papers.
- (l) The candidates, one proposer of each candidate and one other person duly authorized in writing by each candidate, but no other person, may attend at the time and place fixed for the scrutiny of the nomination papers under rule 4, and the Returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered as required by sub-rule (2) of rule 12.(2)The Returning Officer shall examine the nomination papers and 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, reject any nomination paper on any of the following grounds, that is to say:-(a)that the candidate is not qualified or is disqualified for election under the Act;(b)that the proposer is not qualified to nominate the candidate;(c)that there has been a failure to comply with any of the provisions of the Act or prescribed by these rules;(d)that the candidate or proposer is not identical with the person whose electoral number is specified in the nomination paper as the number of such candidate or proposer, as the case may be;(e)that the signature of the candidate or the proposer on the nomination paper is not genuine or is obtained by fraud.(3)Nothing contained in clauses (c), (d), or (e) of sub-rule (2) shall be deemed to authorise 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 on the date appointed in this behalf under clause (b) of sub-rule (1) of rule 4 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 any objection is raised by the Returning Officer or is made 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 the 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 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 is disqualified.(8)Immediately after all the nomination papers have been scrutinized and decisions, accepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of validly nominated candidates in Form IV. The Returning Officer shall then affix list on his notice board and shall record the date on which and time at which the list was so affixed.
