Section 27 in The Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006
27. Scrutiny of nomination.
(1)On the date and hour notified, the Returning Officer shall take up the scrutiny of nominations at such place fixed for scrutiny. The candidate, one of his proposers and one other person duly authorised by him, but no other person, may attend the scrutiny. The Returning Officer shall give them all reasonable facilities for examining the nomination papers of all the candidates which have been entered in the list in Form 5.(2)If any person objects to any nomination, he shall do so in writing.(3)The Returning Officer shall then examine the nomination papers and decide ward by ward all objections which may be raised to any nomination and may, either on such objection, or on his own motion, after such summary inquiry, as he thinks necessary, reject any nomination on any of the following grounds:-(a)that on the date of filing of nomination papers, the candidate either was not qualified or was disqualified for being elected to fill the vacancy under any of the provisions of the Act; or(b)that there has been a failure to comply with any of the provisions in rule 24 or 25; or(c)that the signature of the candidate or the proposer on the nomination paper is not genuine; or(d)that, where the election is solely for a seat or seats reserved for Scheduled Castes or Scheduled Tribes and/ or women, the candidate does not belong to such category.(4)Nothing contained in clause (b) or (c) of sub-rule (3) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any defect in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no defect has been noticed.(5)The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.Explanation. - For the purpose of this sub-rule, failure to complete or any defect in completing the declaration as to symbols in a nomination paper shall not be a defect of a substantial character.[(5-a) If a person files nomination for the election of Councillor and Chairman of a Town Panchayat or a Municipality or for Councillor and Mayor of a Corporation, the Returning Officer shall scrutinise the nomination papers and accept the nominations, if they are otherwise in order, subject to the provisions of sub-rule (3-a) of rule 28.] [Inserted by G.O(Ms.) No. 135, Dated 12.9.2011.](6)Where a person has signed as proposer more than one nomination paper in respect of an election only, that nomination paper which has been first received shall be accepted if it is otherwise valid.(7)The Returning Officer shall hold the scrutiny on the date and time notified in this behalf in the election notice 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 if an objection is raised by the Returning Officer or is made by any other person, the candidate concerned may be allowed time to rebut it not later than 11.00 a.m. on the next day but one following the date fixed for scrutiny. The Returning Officer shall record his decision on that nomination on the adjourned date.(8)The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same. If the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection. A copy of the same may be furnished to the candidate concerned, if any application in this behalf has been made to him.(9)Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of validly nominated candidates in Form-6 and publish a copy thereof at the place notified for receipt of nominations. The list of candidates should be drawn up in the order of Tamil alphabet. [Separate list shall be prepared and published in respect of election of Chairman or Mayor and Councillors.] [Inserted by G.O(Ms.) No. 135, Dated 12.9.2011.]
