Section 36 in The M.P. Panchayat Nirvachan Niyam, 1995
36. Revision of rejected nomination papers in certain cases.
(1)II for any seat, after the scrutiny of nomination papers under Rule 35, there remains only one candidate in the field as a result of rejection of nomination papers of all other candidates, the Returning Officer shall forthwith report the fact to the following authority, hereinafter referred to as Revisional Authority, namely :-(i)in case of election of a panch or a Sarpanch of a Gram Panchayat, to the Sub-Divisional Officer (Revenue);(ii)in case of election of a member of Janpad Panchayat, to the Collector; and(iii)in case of election of a member of Zila Panchayat, to the Divisional Commissioner, and shall,-(a)affix a notice in Form 5-A on the notice board of his office, for information of all candidates for the seat in question, that his order rejecting a nomination paper is subject to the order passed by the Revisional Authority and any candidate aggrieved by his order is lice to appear before such Authority, on the date, time and place mentioned in the notice, and(b)submit all papers relating to nominations received for the seat in question to the Revisional Authority so as to reach him latest by 11.00 a.m. on the next day.(2)The day for consideration of the cases under sub-rule (1) by the Revisional Authority shall be the day next following the date for scrutiny of nominations which shall include a public holiday.(3)If shall be the duty of every candidate to take cognizance of the notice published under sub-rule (1) and no separate notice shall be issued by the Revisional Authority to any candidate before considering a case.(4)Every candidate or his proposer for the seat in question, shall be entitled to be present and heard by the Revisional Authority.(5)On the date and at the place specified in the notice in Form 5-A under sub-rule (1), the Revisional Authority shall take-up examination of the nomination papers rejected by the Returning Officer one by one and if it finds that any nomination paper has been rejected wrongly, it shall revise the order of the Returning Officer for reasons to be recorded in writing and declare such nomination paper as valid.(6)The Revisional Authority shall dispose of every case received by it under sub-rule (1) expeditiously and return the case-file along with an authenticated copy of its order lo the Returning Officer in the quickest possible manner, so as to reach him before 2.00 p.m. on the last date fixed for withdrawal of candidature :Provided that if the Revisional Authority fails to dispose-off the case within the aforesaid time limit, the Returning Officer shall stay the election tor the seal in question and report the matter to the Commission, through the District Election Officer.(7)On receipt of an order of the Revisional Authority declaring the nomination of a candidate to be valid, the Returning Officer shall include the name of such candidate in the list of validly nominated candidates in Form 5 prepared under Rule 35 and affix a copy of the revised list in Form-5 on the notice board in his office, duly recording the date and time of such affixture below his signature.
