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State of Assam - Section

Section 22 in Assam Panchayat (Constitution) Rules, 1995

22. Filling and Scrutiny of Nomination Paper Form IIA and IIB.

(1)Any person whose name appears in the list of voters of any of the Constituencies of a Gaon Panchayat or Zilla Parishad as published under Rule 11 of these rules and who is not disqualified under Section 111 of the Act, may be nominated as a candidate from the concerning Gaon Panchayat or Zilla Parishad Constituency as the case may be, for election as President of Gaon Panchayat, member of Gaon Panchayat and member of Anchalik Panchayat and for election as member of Zilla Parishad from the Zilla Parishad Constituency in whose jurisdiction the Gaon Panchayat, Anchalik Panchayat or the Zilla Parishad as the case may falls, if he submits a nomination paper signed by any voter of the Constituency as proposer and signed by the candidate in token of his consent to stand as a candidate. The nomination paper shall be delivered either by the candidate or by his proposer to the officer authorised by the Deputy Commissioner or the Sub-Divisional Officer as the case may be, for the purpose who shall be present on the date and at the time and place notified for filling the same under sub-rule (3) of Rule 16 of these rules and shall also have a copy of the electoral Roll of the Gaon Panchayat or the Zilla Parishad Constituencies as the case may be with him. The nomination paper shall be in Form IIA or IIB as the case may be:Provided that no person shall be nominated as a candidate for more than one Constituency of a Gaon Panchayat or a Zilla Parishad Constituency as the case be :Provided further that a candidate may be nominated by more than one nomination paper.
(2)The Officer as may be authorised under sub-rule (1), shall not be below the Gazetted rank and shall be appointed with prior approval of the State Election Commission. Such Officer shall-
(a)examine the nomination papers on the date, time and place notified for the purpose under the Rule;
(b)give the candidate or his proposer reasonable opportunity to examine the nomination paper and shall decide on the spot, the objections, if there be any, by summary enquiry. He may either on his own initiative or an objection raised, reject any nomination on any of the following grounds-
(i)that the candidate is not qualified under the provisions of the act;
(ii)that he is disqualified from being chosen to fill the office or that he is disqualified since requisite amount of security deposit has not been paid;
(iii)that there has been failure to comply with any of the provisions of these Rules; and
(iv)that the signature or thumb impression of the candidate or the proposer is not genuine:
For candidate other than Scheduled Castes orScheduled Tribes   For candidate belonging to Scheduled Castes/Scheduled Tribes
Provided that nothing in sub-clauses (iii) and (iv) above shall be deemed to authorise the rejection of the nomination paper of any candidate on the ground of irregularity in respect of a nomination paper, if the candidate has duly nominated by means of other nomination paper in respect of which no irregularity has been committed.