Section 39 in The Bihar Panchayat Election Rules, 2006
39. Presentation of nomination paper.
(1)On or before the date appointed under clause (a) of Rule 36, each candidate shall in person, within the time and the place appointed in the notice under rule 36, deliver to the Returning Officer or the Assistant Returning Officer authorised for this purpose by the Returning Officer, a nomination paper duly filled in Form-6 and subscribed by the candidate and a voter of the concerned constituency as his proposer:Provided that a person, who is subject to any disqualification as a voter under the Act shall not be eligible to subscribe to any nomination paper as a proposer.(a)Any person, who is enrolled in the voter list of the concerned territorial constituency and who not being disqualified under sub-section (1) of [Section 136 of the Act] [The word as 'Ordinance' has been Subs, by Rule 6 of the Amdt. Rules 2007 as 'Act'. Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.], may be a proposer of nomination;(b)A person can not be a proposer for more than one candidate;(c)Any person, who is himself a candidate for a particular constituency, can not be a proposer for any other candidate of the same constituency;(d)The proposer for a candidate of a particular constituency can not be a candidate himself for election from the same constituency;(e)A proposer once having subscribed to a nomination paper shall not be allowed to withdraw the same;(f)No nomination paper shall be received by a Returning officer unless it is accompanied by the following papers :-(i)A declaration in prescribed form regarding enrollment of the candidate and proposer as an elector,(ii)A declaration in prescribed form regarding conviction by competent court or pending criminal cases in any court.(iii)Original Caste Certificate as a proof of belonging to Scheduled Castes/Scheduled Tribes/Backward Classes issued by the District Magistrate/Sub-Divisional Magistrate/Block Development officer in case of nomination being filed by a candidate who wants to avail the benefits of the reservation of seats and nomination fee available to the members of Scheduled Castes/Scheduled Tribes/ Backward Classes.(iv)Challan of nomination fee deposited in a Government treasury or Nazir Receipt,(v)Necessary informations regarding the candidate as required by the Commission in prescribed form.(g)No nomination paper shall be accepted unless it is submitted within the appointed hour on the last date as specified in column 8 of Form-5 and a nomination paper received by mistake after the fixed hour to be rejected;(h)On the presentation of nomination paper, the Returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as entered in the electoral roll:Provided that the Returning Officer may-(i)permit to rectify any clerical error in the nomination paper with regard to the said names or numbers to bring them into conformity with the corresponding entries in the electoral rolls, and(ii)where necessary, direct that any clerical and printing error in the said entries to be overlooked.(i)On receiving a nomination paper under sub-rule (1) the Returning Officer shall inform the concerned candidate or his proposer the date, hour and place appointed for scrutiny of nomination in prescribed format and shall enter in the nomination paper its serial number and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and every day after the scheduled hour for receiving nomination shall publish the information on the notice board of his office regarding the nomination containing descriptions both of the candidate and his proposer.(2)No candidate shall file more than two nomination papers for one seat.(3)The list of nomination papers shall be sent to the District Election Officer on the last date fixed for filing the nomination and a copy of this shall be published in the office of the Returning Officer.
