Section 24 in The Orissa Municipal Corporation (Division of City into Wards, Reservation of Seats, and Conduct of Election) Rules, 2003
24. Presentation of nomination paper.
(1)The nomination of every candidate for the office of a [Corporator] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] shall be made by means of a nomination paper in Form X, which shall, on application be supplied free of cost by the Deputy Commissioner of the Corporation concerned, if he is so authorized by the Election Officer to any elector whose name is registered in the electoral roll of any ward :Provided that - (a) any elector registered in any ward of the Municipal Corporation shall be eligible to stand as a candidature for the office of a [Corporator] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] from any ward of the Municipal Corporation.(b)no elector who is less than twenty one years of age as on the date of publication of the preliminary electoral roll referred to in rule 8 shall be eligible to stand as a candidate for the offices of a [Corporator] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.].(2)Every nomination paper shall be signed by two electors of the ward concerned for the offices of [Corporators] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] as proposer and seconder and the candidate shall sign a declaration on it expressing his willingness to stand for election for the office proposed.(3)An elector shall sign one nomination paper.(4)Every nomination paper shall be presented by the candidate in person or by his proposer and seconder together on the date, at the place and during the hours appointed by the Election Officer or by such other person as may be authorized by him on his behalf and the Election Officer or any other Officer authorized on his behalf shall give acknowledgement receipt to the person presenting the nomination paper.(5)The Election Officer or such other authorized person shall forthwith number the nomination papers serially in the order in which they are presented to in respect of each office of the [Corporator] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] and enter on each nomination paper the time at which and the person or persons by whom it is presented.(6)Where a person has signed whether as proposer or seconder, more than one nomination paper, the paper received first only shall be deemed to be valid nomination paper.(7)The nomination paper submitted by every candidate shall contain the name of the party symbol, if any, allotted by the Election Commission of India to the political party by which the candidate has been sponsored.(8)(i)The nomination paper submitted by an independent candidate shall contain the name of the symbol, which such candidate proposes to adopt from among the symbols specified in Appendix :Provided that the Election Commission may issue directions to the Election Officers of the Municipal Corporation sufficient time before the date of presentation of nomination papers in the matters of giving preference of allotment of symbols out of those specified in Appendix I or any other symbol to a candidate set up by a political party which is a State Party or a candidate of the registered unrecognized political parties in accordance with the provisions contained in the Election Symbols (Reservation and Allotment) Order, 1968;(ii)where more than one contesting independent candidate have indicated their choice for the same symbol, the Election Office shall, with due regard to the order of nomination papers received by him, allot the symbol and any such candidate who does not get the symbol of his choice, shall be allotted with another symbol specified in the said Appendix as may be decided by the Election Officer with due consideration of the choice of the candidate;(iii)the decision of the Election Officer in allotment of symbols under this Sub-rule subject to direction of Elections Commission shall be final.(9)For the purposes of election contested on political party basis, a candidate shall be deemed to have been duly sponsored by a political party, if-(i)the candidate has made a declaration in his nomination paper to that effect; and(ii)a notice in Form XI has been delivered to the Election Officer by the time and date indicated in the said Form.Note-I - The notice in Form XI is to be signed by the President or the Secretary of the State level organization of the political party or any other office bearer authorized in Form XII by the political party to send such notice; andNote-II - The name and specimen signature of such authorized persons are to be communicated to the Election Officer at least two days before the date fixed for scrutiny of nomination papers.(10)The rejection of nomination paper of any candidate on the ground of any irregularity in respect thereof shall not affect the validity of the nomination of the candidate, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.(11)The nomination papers received after the date and time appointed shall be rejected.
