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State of Haryana - Section

Section 28 in Haryana Municipal Corporation Election Rules, 1994

28. Scrutiny of nominations.

(1)On the date fixed for the scrutiny of nominations under rule 22, the candidate, one proposer and one other person duly authorised in writing by the candidate, but no other person, may attend at such time and place as the Returning Officer may appoint and all reasonable facilities shall be given to them for examining the nomination papers of all candidates whose names are included in the list of candidates posted under rule 27.
(2)After the procedure laid down under sub-rule (i) is over, the Returning Officer shall examine the nomination papers and shall decide all objections such may be made to any nomination and may, either on which objection or on his own motion, after such summary enquiry, if any, as he may deem necessary, reject any nomination if he is satisfied that -
(a)the candidate was on the date fixed for the nomination of candidates ineligible for election under the provisions of rule 23 or of any other rules or of the Ordinance or any other Act and had not before that date been exempted by the Government from any disqualification imposed upon him;
(b)the proposer was not qualified to subscribe the nomination paper under these rules;
(c)there has been any failure to comply with any of the provisions of rule 24 or rule 25;
(d)the candidate or any proposer is not identical with the person whose number on the roll is given in the nomination paper as the number of such candidate or proposer, as the case may be; and
(e)the signatures of any candidate or of any proposer are not genuine or has been obtained by force or by fraud.
(3)Nothing contained in clauses (b), (c) 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)No nomination shall be rejected under clause (d) of sub-rule (2) if a summary enquiry is sufficient to establish the identity of the candidate or the proposer.
(5)The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting it. In case a nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection. An attested copy of the decision accepting or rejecting a nomination paper shall be supplied by the Returning Officer on the same day on an application having been made by a person who is entitled to be present at the time of scrutiny of nomination paper.[-] [Sub-rule (6) and (7) omitted by Haryana Government Notification No. S.O.123/H. A. 16/1994/Section 32/2007 dated 19.12.2007.]