Section 33 in The M.P. Krishi Upaj Mandi (Mandi Samiti Ka Nirvachan) Rules, 1997
33. Scrutiny of Nomination Papers.
(1)On the date fixed for the scrutiny of nomination papers under Rule 26, the candidates, their election agents, one proposer of each candidate and one other person duly authorised in writing by each candidate, but no other person, may attend at the time and place appointed in this behalf under Rule 26 and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered as required by Rule 30.(2)The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may either on such objections or of his own motion, after such summary enquiry, if any, as he thinks necessary, reject any nomination paper on any of following grounds, that is to say-(a)that the candidate is disqualified for being elected to fill the seat by or under the Act;(b)that the proposer is disqualified from subscribing a nomination paper;(c)that there has been a failure to comply with any of the provisions of Rule 29, 30 or 31; and(d)that the signature of the candidate or the proposer on the nomination paper is not genuine.(3)Nothing contained in clause (c) or (d) of sub-rule (2) shall be deemed to authorise the rejection of the nomination paper of any candidate on the ground of any irregularity in respect of a nomination paper if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.(4)The Returning Officer shall not reject any nomination paper on the ground of mere clerical or printing error or any defect which is not of a substantial character.(5)The Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of Rule 26 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.(6)The Returning Officer shall endorse on each nomination paper his decision regarding accepting or rejecting the same and if the nomination paper is rejected shall record in writing a brief statement of his reasons for such rejection. The order passed by the Returning Officer shall be final.(7)For the purposes of this rule the production of a certified copy of an entry made in the voters list of the relevant Mandi Committee shall be conclusive evidence of the right of any voter named and as entry to stand for election, unless it is proved that the candidate is disqualified.(8)Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the Returning Officer shall prepare constituencywise lists of candidates whose nominations have been accepted in Form 8 and shall affix the list on the notice board of concerned Mandi Committee and Janpad Panchayat Office duly recording the date and time of affixture below his signature.(9)If nomination of a candidate has been accepted by the Returning Officer for more than one constituency or constituencies through oversight or for want of objection or for any other reason whatsoever the Returning Officer shall after providing an opportunity of hearing to such candidates, or his election agent, after taking decision may cancel the nomination paper and shall record this fact on the face of nomination paper and delete his name from the list of validly nominated candidates in Form 8. The Returning Officer shall also affix a copy of the revised list of validly nominated candidates in Form 8 on the notice board of Mandi Committee and Janpad Panchayat duly recording the date and time of such affixture below his signature.
