Section 40 in The West Bengal Municipal Elections Act, 1994
40. Presentation of nomination paper and requirements for valid nomination. -
(1)On or before the date appointed under clause (a) of section 37, each candidate shall, either in person or by his proposer, between the hours of eleven oclock in the forenoon and three oclock in the afternoon, deliver to the Municipal Returning Officer at the place specified in this behalf in the notice issued under section 38 a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer:[Provided that a candidate not set up by a recognised Political Party, shall not be deemed to be duly nominated for election unless the nomination paper is subscribed by ten proposers being electors of the Constituency:] [Proviso inserted by W.B. Act 17 of 2004.][provided further that] [Words substituted for the words 'Provided that' by W.B. Act 17 of 2004.] no nomination paper shall be delivered to the Municipal Returning Officer on a day which is a public holiday.(2)In a constituency where any seat is reserved, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member and the area in relation to which that caste or tribe is a Scheduled Caste, or, as the case may.be, Scheduled Tribe of the State of West Bengal.(3)Where the candidate is a person who, having held any office referred to in section 33 has been dismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the Commission to the effect that he has not been dismissed for corruption or disloyalty to the State.(4)On the presentation of a nomination paper, the Municipal Returning Officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer 16c. [or the proposers, as the case may be,] [Words inserted by W.B. Act 17 of 2004.] as entered in the nomination paper are the same as those entered in the electoral roll:Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood, and the Municipal Returning Officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and, where necessary, direct that any such misnomer or inaccurate description or clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.(5)Where the candidate is an elector of a different constituency of Municipality, a copy of the electoral roll of the constituency or of the relevant part thereof or a certified copy of the relevant part thereof or a certified copy of the relevant entries in such rule shall, unless if has been filed alongwith the nomination paper, be produced before the Municipal Returning Officer at the time of scrutiny.(6)Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper:Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the Municipal Returning Officer for election in the same constituency.(7)[ Every candidate shall, with the nomination paper, file an affidavit in such manner as may be prescribed by the Commission. The affidavit under this sub-section shall, unless it is produced along with the nomination paper, be produced before the Municipal Returning Officer at the time of scrutiny.] [Sub-section (7) inserted by W.B. Act 17 of 2004.]
