Section 6 in The Board and Court of Examiners of Homoeopathic and Biochemic Systems of Medicine (Election) Rules, 1961
6. Scrutiny of nomination papers and withdrawal of Candidature.
(1)The nomination papers received by the Returning Officer at or before the time fixed under clause (a) of sub-rule (2) of rule 4 shall be scrutinized by the Returning Officer on the day, at the time and at the place appointed by the Returning Officer under clause (b) of sub-rule (2) of rule 4. A candidate or his representative duly authorised by him may be present at the time of scrutiny of nomination papers. The Returning Officer shall give reasonable facilities to all the candidates or their authorised representatives or to both to examine nomination papers which have been delivered to the Returning Officer within the time fixed under clause (a) of sub-rule (2) of rule 4.(2)The Returning Officer shall examine the nomination papers, and may, on his own motion, or on an objection raised by any person present at the time of scrutiny of nomination papers and after such summary enquiry, if any, as he may think necessary, treat as invalid any nomination paper for any of the following reasons, namely :-(a)that the nomination paper does not comply with the requirements of sub-rules (2) and (4) of rule 5;(b)that the candidate or his proposer or his seconder is not an elector;(c)that the nomination paper has been proposed or seconded by an elector who has subscribed either as proposer or seconder more nomination papers than there are seats to be filed in and such nomination paper cannot be considered as valid under sub-rule (3) of rule 5;(d)that the candidate is disqualified for being elected under section 9;(e)that the candidate has failed to deposit a sum of rupees one hundred as required by sub-rule (6) of rule 5;(f)that the signature of the candidate or his proposer or his seconder is not genuine or has been obtained by fraud, coercion or misrepresentation; or(g)failure to comply with any of the provisions of the Act or these rules.(3)The Returning Officer shall endorse on each nomination paper his decision whether the nomination paper has been accepted or rejected and in case the nomination paper has been rejected the reasons therefore.(4)Any candidate may withdraw his candidature by sending to the Returning Officer a notice in writing signed by him, so as to reach the Returning Officer at or before the time fixed for withdrawal of candidature under clause (c) of sub-rule (2) of rule (4).(5)On completion of the scrutiny of the nomination papers and after the expiry of the period within which a candidate may withdraw his candidature under sub-rule (4), the Returning Officer shall forthwith publish on the notice Board at the office of the Board the names of all the Contesting Candidates.Explanation. - In these rules, "contesting candidate" means a candidate whose nomination paper is held to be valid and who has not withdrawn his candidature under sub-rule (4).(6)If the number of contesting candidates is equal to the number of seats to be filled in the Returning Officer shall forthwith declare all such candidates to be duly elected to fill such seats and report the names of such candidates to the State Government for publication in the Official Gazette.(7)If the number of contesting candidates is less than the number of seats to be filled in the Returning Officer shall forthwith declare all such candidates to be duly elected and report to the State Government-(a)the names of such candidates for publication in the Official Gazette, and(b)the number of vacancies left for being filled by nomination under sub-section (3).(8)If the number of contesting candidates is more than the number of seats to be filled the Returning Officer shall forthwith publish names and address of the contesting candidates in the Maharashtra Government Gazette and on the notice board a the office of the Board in such manner as he may deem fit.
