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Union of India - Section

Section 6 in Presidential And Vice-Presidential Elections Rules, 1952

6. Scrutiny of nominations.-

(1)The candidates, one proposer and one seconder of each candidate, and one other person duly authorised in writing by each candidate, shall be entitled to be present at the time of scrutiny of nominations; and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in rule 4.
(2)The Returning Officer shall then examine the nomination papers and decide all objections which may be made to any of them.
(3)The Returning Officer may, either on such objection or on his own motion, and after such summary inquiry, if any, as he thinks necessary, reject a nomination paper on any of the following grounds, namely:
(a)that the candidate is not eligible for election as President or Vice-President, as the case may be, under the Constitution; or
(b)that the proposer or seconder is not qualified to subscribe a nomination paper under sub-section (2) of Section 5; or
(c)that the signature of the candidate,proposer or seconder is not genuine or has been obtained by fraud ; or
(d)that the nomination paper has not been duly completed and the defect or irregularity is of a substantial character; or
(e)that the proposer or seconder has subscribed, whether as proposer or seconder, another nomination paper received earlier by the Returning Officer at the same election.
(4)The Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of sub-section (1) of Section 4 and shallnot 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 an objection is made, the candidate concerned shall, if he so requires, be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the Returning Officer shall record his decision on the date on which the proceedings have been adjourned.
(5)The Returning Officer shall endorse on each nomination paper his decision either accepting or rejecting it and if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for rejecting it.