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State of Bihar - Section

Section 41 in The Bihar Municipal Election Rules, 2007

41. Notice of particulars of election.

(1)The Returning Officer shall appoint-
(a)the last date for making nominations, which shall be a date not earlier than the eighth day and not later than the fourteenth day after the date of publication of the notice in Form 11 under sub-rule (2);
(b)the date for scrutiny of nominations, which shall be a date not later than the third day after the last date for making nominations:
Provided that one or more successive dates may be appointed for the scrutiny of nomination.
(c)The last date for the withdrawal of candidature, which shall be the third day after the date of scrutiny or the third day after the last date of scrutiny of nomination, as the case may be; and
(d)the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the fifteenth day after the last date for the withdrawal of candidatures.
(2)The Returning Officer shall publish the date fixed under sub-rule (1) by means of notice in Form 11 in the manner prescribed by the State Election Commission.
(3)Notwithstanding anything contained in these Rules, where any of the dates fixed under clauses (a), (b) or (c) of sub-rule (1) is a public holiday within the meaning of Section 25 of the Negotiable Instruments Act, 1881 (XXVI of 1881), or has been notified by the State Government as a date to be observed as a holiday in Government Offices in the State, every nomination paper delivered, or scrutiny of nominations held or notice of withdrawal of candidature given shall be considered as having been delivered, held, given in due time if such nomination paper has been delivered or scrutiny held or given before three o'clock in the afternoon on the next succeeding day which is neither such a public holiday nor a date so notified.