Section 28 in The Orissa Municipal Corporation (Division of City into Wards, Reservation of Seats, and Conduct of Election) Rules, 2003
28. 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 authorized 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 27 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 objections 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 of the following grounds :(i)that the candidate is ineligible for contesting election under Section 66 and 70 of the Ordinance;(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 Corporation;(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 24 or 26; 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, Scheduled Castes or woman or to the backward class of citizens, as the case may be. In the case of member of the Scheduled Caste or Scheduled Tribe 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 23 and no adjournment of the proceedings shall be allowed.(4)The decision of the Election Officer shall be final.
