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State of Uttar Pradesh - Section

Section 10 in U.P. Zila Panchayats (Election of Adhyaksha and UP-Adhyaksha and Settlement of Election Disputes) Rules, 1994

10. Scrutiny of nominations.

(1)At the scrutiny of nominations, the candidates, their proposer and seconders but no other persons, may attend. The Returning Officer shall give them all reasonable facilities for examining the duly received nomination papers.
(2)The Returning Officer shall examine the nomination papers and decide all objections which may be made to any nomination, and may, either on such objection or on his own motion after such summary inquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds :
(a)that the candidate is not qualified to be chosen to the office under the Act;
(b)that the candidate is disqualified for being chosen to the office under the Act;
(c)that there has been any failure to comply with any of the provisions of Rules 7 and 8 ;
(d)that the signature of the candidate or the proposer or seconder is not genuine or has been obtained by fraud ;
(e)that the candidate is not a member of the Zila Panchayat ;
(f)that the proposer or the seconder is not a member.
(3)Nothing contained in clause (c), (d) or (f) 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)The Returning Officer shall not reject any nomination paper on the ground of any technical defect or other error which is not of a substantial character and may for the purpose of removing any such defect or error allow any entry to be corrected in the nomination paper including an entry relating to name or number on the electoral roll.
(5)The order of the Returning Officer allowing any correction to be made under sub-rule (4) shall be final and shall not be questioned in any court of law.
(6)The Returning Officer shall hold the scrutiny on the date and time appointed in this behalf under Rule 5 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by causes beyond his control.
(7)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.
(8)For the purpose of this rule the existence of the name of a person in the list of members prepared under Rule 6 shall be conclusive evidence of the fact that he is eligible for election to the office of Adhyaksha.