Section 41 in The Bihar Panchayat Election Rules, 2006
41. Scrutiny of Nomination Paper.
(1)The candidate, his election agent or the proposer may remain present on the date, time and place appointed for the scrutiny of nomination papers.(2)The Returning Officer shall examine the nomination papers and may reject them on the following grounds :-(a)If the candidate is disqualified for being elected to any post by or [under 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.];(b)If the proposer is not qualified for subscribing to the nomination paper;(c)If the provisions of Rules 38, 39 or 40 have not been complied with;(d)if the nomination paper does not bear the signature of the candidate or his proposer or the signatures are not genuine;(e)The nomination paper has been filed by the candidate for a post which is reserved for women/Scheduled Castes/Scheduled Tribes/Backward Classes and the candidate does not belong to such category.(f)if the papers mentioned in Rule 39(1)(f) have not been enclosed with the nomination paper.(3)No nomination paper shall be rejected on the ground of a clerical or printing error or any discrepancy which is not material.(4)The Returning Officer shall endorse on each nomination paper his decision as accepting or rejecting the same and if the nomination paper is rejected, record in writing a brief statement of the reasons for such rejection.(5)The production of the certified copy of an entry in the relevant electoral roll shall be the conclusive evidence for the right of any elector to stand for election, unless it is proved that the candidate is disqualified.(6)After the scrutiny of the nomination papers the Returning Officer shall prepare the list of the candidates in Form - 7, where nomination papers have been accepted and publish the same in his office and also send a copy to the District Election Officer.
