Section 13 in The Rajasthan Municipalities (Election) Rules, 1994
13. Scrutiny of nomination papers.
- [(1)] [Renumbered by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.] On the date and time fixed for scrutiny of nomination papers under rule 10, the returning officer shall examine the nomination papers and decide all objections which may be made to any nomination and may, either on such objections or on his own motion, after such summary enquiry, if any, as he thinks necessary, and after giving the candidate a reasonable opportunity of being heard, declare invalid any nomination on any of the following grounds:-(i)that the candidate is not enrolled in the municipal electoral roll as a voter of the municipality;(ii)that the candidate has not made or caused to be made the deposit referred to in rule 22;(iii)that the candidate has not attained the minimum age required for being [elected as a member] [Amended by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).];(iv)that the candidate is disqualified under any provisions of the Act from being a member;(v)that the proposer has not been enrolled as a voter of the ward for which the nomination has been filed;(vi)that the signature of the candidate or the proposer on the nomination paper is not genuine;(vii)that the proposer has subscribed nomination for more than one candidate in the same ward.(2)[ On the date fixed for the scrutiny of nomination under Rule 10, 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 such time and place as the Returning Officer may appoint.(3)The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.(4)A failure to complete or defect in completing the declaration as to symbols in a nomination paper in Form 3 shall not be deemed to defect of a substantial character within the meaning of sub- rule (3).(5)For the purpose of this rule an entry in the electoral roll for the time being in force of a ward shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that ward unless it is proved that he is subject to a disqualification mentioned in Section 18 of the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959).] [Inserted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.]
