Section 49 in The West Bengal Panchayat Elections Act, 2003
49. Scrutiny of nominations.
(1)On the date fixed for the scrutiny of nominations under section 48 the candidates or their election agents, and such other persons as may be prescribed, may attend at such time and place as the Panchayat Returning Officer may appoint; and the Panchayat 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 section 46.(2)The Panchayat Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary enquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds:-(a)that on the day fixed for the scrutiny of nominations the candidate either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely:-(i)article 243F of the Constitution of India, and(ii)Part II of this Act;(b)that there has been a failure to comply with any of the provisions of section 45 or section 46, or section 47;(c)that the signature of the candidate or the proposer on the nomination paper is not genuine;(d)that the proposer is not a voter of the constituency concerned.(3)Nothing contained in clause (a) or clause (b) or clause (c) of sub-section (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)The Panchayat Returning Officer shall not reject any nomination paper , on the ground of any defect which is not of a substantial character.(5)The Panchayat Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 43 and shall not 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 raised by the Panchayat Returning Officer or is made by any other person, the candidate concerned may be allowed time to rebut it not later than the next day following the date fixed for scrutiny, and the Panchayat Returning Officer shall record his decision on the date to which the proceedings have been adjourned.(6)The Panchayat 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 a brief statement of his reasons for such rejection.(7)For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the Representation of People Act, 1950.(8)Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the Panchayat Returning Officer shall prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix it on his notice board.
