Section 136 in The Mizoram Autonomous District Council (Constitution and Conduct of Business of the District Councils) Rules, 1974
136. Scrutiny of nomination.
(1)After 3 p.m. on the date fixed by the Government for the nomination of candidates under sub-rule (2) of Rule 134 the candidates, their election agents, one proposer and one seconder of each candidate, and one other person duly authorised in writing by each candidate but no other person may attend at such place the Returning Officer may appoint 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 134.(2)(a)The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any notification and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary refuse any nomination on any of the following grounds:(i)that the candidate is not qualified to be elected to fill the seat under the Constitution or any rules made thereunder;(ii)that a proposer or seconder is disqualified from subscribing a nomination paper under sub-rule (4) of Rule 133;(iii)that there has been a substantial failure to comply with any of the provisions of Rule 134 or Rule 135;(iv)that the candidate or any proposer or seconder is not substantially identical with the person whose number or name of such candidate's proposer or seconder;(v)that the signature of the candidate of any proposer or seconder is not genuine or has been obtained by fraud.The Returning Officer shall not, however, refuse any nomination paper on the ground of a slight technical defect such as the wrong spelling of a name, and shall accept any nomination paper in respect of which he is satisfied that the candidate is qualified to be chosen to fill the seat and has been proposed and seconded by persons who are qualified to do so.(b)For the purpose of this rule, the production of a certified copy of an entry made in the electoral roll of any constituency shall be conclusive evidence of the right of any voter named in that entry to stand for election or to subscribe a nomination paper, as the case may be, unless it is proved that the candidate or the proposer or seconder is otherwise disqualified.(3)(a)The Returning 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 in a brief statement of his reasons for such rejection.(b)The scrutiny shall be complete, if possible, on the day fixed for the nomination of candidates but if it cannot be completed on that day it may be adjourned to the following day or, if the following day is a holiday, to the next working day.(4)On completion of the scrutiny of nominations, the Returning Officer shall forthwith examine the symbols selected by the candidates, and if such symbols are found to conflict with each other or with any symbols already assigned, he shall allocate the symbols in conformity, as far as possible, with the wishes of the candidates and if necessary by lot and his decision in this respect shall be final. Each candidate or his election agent shall at the same time be informed of the symbol assigned to him and shall be given a specimen thereof. The Returning Officer shall then prepare a list of valid nominations indicating therein the symbols assigned to each candidate and shall cause such list to be affixed in some conspicuous place in his office.
