Section 35 in The Chhattisgarh Panchayat Nirvachan Niyam, 1995
35. Scrutiny of nomination papers.
(1)On the date fixed for the scrutiny of nomination papers under rule 28, the candidates, their election agents, one proposer of each candidate, and one other person duly authorised in writing by each candidate, but no other person, may attend at the time and place appointed in this behalf under rule 28 and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidate which have been delivered as required by rule 32.(2)The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may either on such objections or his own motion, after such summary inquiry, if any, as he thinks necessary, reject any nomination paper on any of the following grounds, that is to say(a)that the candidate is disqualified for being elected to fill the seat by or under the Act;(b)that the proposer is disqualified from subscribing a nomination paper;(c)that there has been a failure to comply with any of the provisions of rules 31, 31-A, 32 or 33; and(d)that the signature of the candidate or the proposer on the nomination paper is not genuine.(3)Nothing contained in clause (c) or (d) 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 mere clerical or printing error or 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 28 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 any objection is raised by the Returning Officer or is made by any other person, the candidate may be allowed time to rebut it not later than the next day, 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 regarding 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. The order passed by the Returning Officer shall, subject to the result of revision, if any under rule 36, be final.(7)For the purposes of this rule the production of a certified copy of an entry made in the voters' list of the relevant Gram Panchayat shall be conclusive evidence of the right of any voter named in that entry to stand for election, unless it is proved that the candidate is disqualified.(8)Immediately after all the nomination papers have been scrutinised-and decisions accepting or rejecting the same have been recorded, the Returning Officer shall prepare ward wise or constituency-wise lists of candidates whose nominations have been accepted in Form 5 and affix the lists on the notice board of his office, duly recording the date and time of affixture below his signature.(9)If nomination of a candidate has been accepted by the Returning Officer for more than one ward or constituency through oversight or for want of objection or for any other reason whatsoever, the Returning Officer shall after giving an opportunity of hearing to such candidate or his election agent, recognise the nomination tendered first in point of time and delete or cause to be deleted from the list of validity nominated candidates in Form 5, the name of such candidate from every other ward or constituency and record this fact in writing.The Returning Officer shall also affix a copy of the revised list of validly nominated candidates in Form 5 on the notice board in his office, duly recording the date and time of such affixture below his signature.
