Officer still proceeding with the scrutiny of nomination paper of other
candidates. No sooner the scrutiny of nomination paper of the
particular candidate which ... nomination paper was over but he was present at the
place of scrutiny at the time of scrutiny of nomination paper of
election petitioner, which
during scrutiny of the nomination paper for
contesting the impugned election the election petitioner left the place
of scrutiny and the Returning Officer ... remember whether his
nomination paper was subjected to scrutiny prior to or after the
scrutiny of nomination paper of the election petitioner. In the same
time of filing of the nomination paper by the
election petitioner for the impugned election the age of election
petitioner was 62 years but such ... scrutiny of the nomination paper of each
candidate and accordingly, he prepared separate order sheet regarding
scrutiny of the nomination paper of the election petitioner
provides that on the date of scrutiny of nomination papers
the returning officer shall examine the nomination papers
and shall decide all objections which ... paper had been rejected was qualified to contest the
election it is open to the High Court to set aside the
election. Enquiry during scrutiny
nomination papers on 16.1.1997. The appellant filed his nomination papers
on 18.1.1997. At the scrutiny held on 21.1.1997, the nomination papers of
the appellant ... officer at the
time of scrutiny. The election petition alleges that the returning officer
conducted scrutiny of nomination papers
determine from a counting of the voting papers after a
scrutiny whether the election of the returned candidate has
been materially affected. The expression ... scrutiny of the ballot papers and s. 100(1)(d)
(iii) would become meaningless. The validity of the Ballot
Paper can be challenged in Election
that none of them
was present at the scrutiny of nomination papers. On the nomination papers
being rejected, none of them tried to obtain copies ... made and subscribed before the
date fixed by the Election Commission for scrutiny or nomination papers at
that election. The decisions of the Supreme Court
Returning Officer does not call in question any election.
Scrutiny of nomination papers is only a stage, though an important stage,
in the election process ... papers was not maintainable. The Court observed that the
filing of nomination paper, scrutiny and rejection or acceptance thereof will be a
part of election
papers at the time of scrutiny and he rejected those
nomination papers as the serial number of the proposers as
disclosed in the nomination papers ... nomination
paper at the stage of scrutiny. It is indeed surprising that
before scrutiny was done and the nomination papers were
accepted by the Returning
scrutiny of the
nomination papers was done. Mr. Nanavati therefore submitted that
as on the date of scrutiny of the nomination papers, since ... deciding the
question of disqualification on the date of scrutiny of nomination
papers and the election officer has considered such disqualification
on the date
