Section 44 in The Jammu and Kashmir Representation of the People Act, 1957
44. Presentation of nomination paper and requirements for a valid nomination.
- [(1) On or before the date appointed under clause (a) of section 41 each candidate shall, in person or through an agent to be authorised in the prescribed manner, between the hours of eleven o'clock in the forenoon and three o'clock in the afternoon, deliver to the Returning Officer at the place specified in this behalf in the notice issued under section 42 a nomination paper completed in the prescribed form and signed by the candidate:["Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election from a constituency unless the nomination paper is subscribed by ten proposers being election of the constituency:Provided further that no nomination paper shall be delivered to the Returning Office on a day which public holiday.Explanation. - For the purpose of this sub-section "recognised political party" means a political party for which a symbol is reserved by the Election Commission."] [Substituted by Act XXIV of 1975 dated 19-8-1975.](1-A) The Returning Officer shall, at the time of the presentation of the nomination paper, remind the candidate to make and subscribe the oath or affirmation on any day previous to the date fixed under section 46 for the scrutiny of nomination.](2)In a constituency where any seat is reserved a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the [particular Scheduled Castes of the State of which he is a member.] [Substituted by Act XII of 1967 for certain words.](3)Where the candidate is a person who, having held any office referred to in [section 24-B] [Substituted by Act VIII of 1971 for 'Clause (f) of section 24'.] has been dismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the [Election Commission] [Substituted by Act XXIV of 1960 'Election Commissioner'.] to the effect that he has not been dismissed for corruption or disloyalty to the State.(4)[ On the presentation of a nomination paper, the Returning Officer shall satisfy himself that the name and the electoral roll number of the candidates as [xxx] [Substituted vide Act XXIV of 1975 w.e.f. 15-8-1977.] entered in the nomination paper is the same as that entered in the electoral roll :[Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate [x x x x] [Proviso to sub-section (4) substituted by Act XI of 1967.] or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical , technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall effect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood; and the Returning Officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary," direct that any such misnomer inaccurate description, clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.](5)Where the candidate is an elector of a different constituency, a copy of the electoral roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries in such roll shall, unless it has been filed along with the nomination paper, be produced before the Returning Officer at the time of scrutiny.(6)[ Nothing in this section shall prevent any candidate from being nominated by more then one nomination paper:Provided that not more than four nomination papers shall be presented by [x x x] [Substituted by Act I of 1962.] any candidate or accepted by the Returning Officer for election in the same constituency.](7)[ Notwithstanding anything contained in sub-section (6) or in any other provisions of this Act, a person shall not be nominated as a candidate for election :-(i)in the case of general election to the Legislative Assembly (whether or not held simultaneously from all Assembly Constituencies), from more than two Assembly Constituencies;(ii)in the case of a biennial election to the Legislative Council from more than two Council Constituencies;(iii)in the case of bye-elections to the Legislative Assembly which are held for two or more Assembly Constituencies simultaneously, from more than two such Assembly Constituencies ;(iv)in the case of bye-elections to the Legislative Council, from more than two such Council Constituencies."Explanation. - For the purposes of this sub-section, two or more bye-elections shall be deemed to be held simultaneously where the notification calling such bye-elections are issued by Election Commission under sections 27, 28, 29 or, as the case may be 152 and 153, on the same date.] [Inserted by Act IX of 2014, Section 9.]["44A. Candidate to furnish information only under the Act and the rules. [Inserted by Act IX of 2014.]- Notwithstanding anything contained in any judgment, decree or order of any court or any direction, order or any other instruction issued by the Election Commission, no candidate shall be liable to disclose or furnish any such information, in respect of his election which is not required to be disclosed or furnished under this Act or the rules made thereunder.]
