Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Rajasthan - Section

Section 30 in The Rajasthan Waqf Board (Election of Members) Rules, 1999

30. Scrutiny of nominations.

(1)On the date fixed for the scrutiny of nominations under clause (b) of Rule 25, the candidates, their election agents, one proposer of each candidate, and one other person duly authorized in writing by each candidate, but no other person, may attend at such time and place as the Returning Officer may appoint and the Returning Officer shall give them 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 28.
(2)The Returning Officer shall 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 inquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds:-
(a)that on the date fixed for the scrutiny of nominations the candidate is not qualified and eligible for being chosen to fill the membership of the [Waqf] [Substituted by Notification No. G.S.R. 123, dated 7.12.2015 (w.e.f. 16.1.1999).] Board from electoral college for which the nomination has been delivered.
(b)that the signature of the candidate or the proposer on the nomination is not genuine.
(3)Nothing contained in clause (b) 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 nomination by means of another nomination paper in respect of which to irregularity has been committed.
(4)The Returning Officer shall not reject the nomination paper on the ground of any defect which is not of a substantial character.
(5)The Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of Rule 25 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 Returning Officer or is made by any other person, the candidate concerned may by allowed time to rebut it not later than next date but one following the date fixed for scrutiny, and the Returning Officer shall record his decision on the date to which the proceedings have been adjourned.
(6)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 a brief statement of his reasons for such rejection.
(7)For the purpose of this rule, a certified copy of an entry in the electoral roll for the time being in force of an electoral college shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that electoral college.
(8)Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the 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.