Section 4 in Nagpur rules Relating to the Election of Councillors
4.
(1)On or before the date appointed for the nomination of candidates, each candidate shall, either in person or by the proposer and seconder together, between the hours of 11 o'clock in the forenoon and 3 o'clock in the afternoon, deliver to the Returning Officer a nomination paper completed in the form appended and subscribed by the candidate himself as assenting to the nomination and by two duly qualified electors as proposer and seconder. A duly qualified elector shall not subscribe as proposer or seconder to more than one nomination paper.(2)When a candidate claims to be entitled to vote in a ward other than the ward for which he is nominated, the nomination paper or, if more than one nomination paper is presented by or on behalf of the candidate, the nomination papers shall be accompanied by a copy of the entry in the electoral roll of that ward which contains his name, certified by such officer as the Commissioner may authorise to be a true copy of the entry in the final roll of the ward.(3)The Returning Officer, on receiving a nomination paper under sub-rule (1), shall -(a)satisfy himself that the name of the ward or special constituency is correctly entered in the nomination paper;(b)that the name and number of the electoral roll of the candidate, his proposer and seconder, as entered on the nomination paper, are the same as those entered in the electoral roll;(c)when sub-rule (2) of this rule applies, satisfy himself that the nomination paper is accompanied by the copy of the entry in the electoral roll referred to in that sub rule; and(d)satisfy himself that the deposit required by rule 8(1) has been made by or on behalf of the candidate.The Returning Officer shall point out any deficiency which comes to his notice, to the person presenting the nominal ion paper and shall allow any such deficiency to be supplied at any time before the time fixed for the scrutiny of nominations.(4)The Returning Officer on receiving a nomination paper under sub-rule (1) shall enter in the 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, intimate to the persons presenting the nomination paper the place at which the scrutiny will take place and shall, as soon as may be thereafter, cause to be fixed in some conspicuous place selected by the Commissioner a notice of the nomination containing description, similar to those contained in the nomination paper both of the candidate and of the persons who have subscribed the nomination paper as proposer and seconder.(5)On the date fixed for the scrutiny of the nomination papers, the candidates and one proposer and one seconder of each candidate but no other person may attend the place of scrutiny at 1.00 p.m. and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates standing from the ward or special constituency concerned which may have been delivered to him. He shall examine the nomination paper and shall decide all objections which may be made to any nomination and may either on such objection or of his own motion after such summary inquiry, if any, as he thinks necessary refuse any nomination on any of I lie following grounds, namely :-(a)that the candidate is ineligible for election under section 14 or 15 of the Act;(b)that the proposer or the seconder is disqualified from subscribing to the nomination paper on account of his not being a duly qualified elector;(c)that there has been a failure to comply with any of the provisions of sub-rule (1).Form of Nomination Paper for Election as a CouncillorName of ward/special constituency for which the candidate is nominatedName in full of candidateFather's nameAgeAddressNumber of the candidate in the current electoral roll of the ward/special constituency in which he is registered as an electorName in full of the proposerNumber of the proposer in the current electoral roll of the ward/special constituency.Signature of the proposerName in full of the seconderNumber of the seconder in the current electoral roll of the ward/special constituencySignature of the seconderDeclaration by CandidateI hereby declare that I agree to this nomination and am willing to serve, if elected.Date ........ 19 ........Signature of candidateNote.- The nomination paper will not be valid unless it is delivered to the supervising officer at his office, before 3 p.m. on...... 19............(6)The scrutiny shall be completed on the day appointed in this behalf under rule 1 and no adjournment of the proceedings shall be allowed.(7)The Returning Officer shall after scrutiny endorse on each nomination paper his decision accepting or rejecting it, and if he rejects it, he shall record in writing a brief statement of his reasons for so doing. The candidates, whose nomination papers are accepted shall be declared as duly nominated candidates.(8)Any candidate whose nomination paper is rejected by the Returning Officer may file an appeal to the Commissioner against such order. No such appeal shall lie unless it is lodged in the office of the appellate authority before 3 p.m. on the day next but one following the day fixed for the scrutiny of the nomination papers for the ward or special constituency concerned.(9)A candidate desiring to file an appeal shall give notice, in writing to the Returning Officer of his intention to file an appeal on the day of scrutiny after it is over. The Returning Officer shall give the candidate a receipt for the notice received and shall inform the other candidates concerned of the fact of the notice having been given if they apply for the information. No appeal shall be considered by the appellate authority unless it is filed within the time and it is satisfied that notice was given to the Returning Officer as required by this rule. The Returning Officer shall, on receipt of the notice, send at once all the papers to the appellate authority.(10)The appellate authority shall take up all such appeals in the order in which they have been filed, commencing at 12 noon on the day following the 1st day on which they may be presented. The appellate authority shall not be required to issue any notices, but all candidates and their proposers and seconders shall be entitled to be present and every candidate shall be heard in connection with any appeal relating to the ward or special constituency for which he is a candidate.Appearance by counsel shall not be permitted(11)If the appellate authority declares a nomination to be valid it shall immediately send a certificate copy of the order to the Returning Officer and every such candidate shall be deemed to be a fully nominated candidate.(1)At noon on the eighth day after the day fixed for the scrutiny of nomination papers, the Commissioner shall prepare a list of all candidates duly nominated under sub-rule (7) or (11) of rule 4 and shall cause it to be affixed in a conspicuous place in his office.(2)If on the date referred to in sub-rule (1) the Commissioner finds that no candidate has been duly nominated for election to a ward or special constituency he shall report the fact to the State Government. If on such a date the Commissioner finds that only one candidate is duly nominated for election to a ward or special constituency he shall declare such candidate to be duly elected. If the number of duly nominated candidates exceeds one the election for such ward or special constituency shall be held in the manner hereinafter specified.
