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Procedure of Filing Nomination for Election

Posted by Manoj Vats on January 17, 2015 | Comment

Election in India is the largest exercise of its kind in the democratic world. In the election process, the filing of nomination papers by candidates is a very important task. Under Section 14/15 of the Representation of the People Act, 1951, the filing of nomination starts on the date of notification by the President/Governor. The Returning Officer (RO) issues public notice of election (under Section 31) in Form -1 (appended to CE Rules, 61). The public notice has to be under the signature of the RO only as no other authority can issue this public notice.

Procedure of Filing Nomination for Election

Who can file the nomination?

As per the Constitution and R.P. Act, 1951, any individual can contest from any constituency, as long as he/she possesses qualifications for contesting from that constituency and has not been disqualified under the Constitution or alternative laws for contesting the elections.

Under Section-30-A of the R.P. Act, 1951, the candidate is required to deliver the nomination paper to the RO or to the Assistant Returning Officer (ARO), as laid out in public notice of election. The candidate is needed to deliver the nomination paper on or before last date for filing of nomination fixed by the Election Commission.

It is processed that if the last date for filing nomination is the seventh day or a public holiday, then the nomination paper is needed to be submitted on the immediate next day. Nomination paper cannot be filed on a public holiday. One cannot file the nomination paper before any person other than the RO or the ARO. The nomination paper is to be presented either by the candidate or by only one person who has proposed the name of the candidate.

Proposer

Only the person, who is the elector within the constituencies in which the candidate contests the election, will propose the name of the candidate and may sign the nomination paper. So, an elector, who has been enrolled within the electoral roll for the constituency other than the constituency from which the candidate contests the election, cannot propose the name of the candidate.

One proposer is enough for candidates of a recognised national or state party. However, if the candidate belongs to a registered unrecognised organisation or is an independent candidate, ten proposers or electors of the constituency are needed to sign the nomination paper.

Nomination papers are filed between 11 o’clock (morning) and three o’clock (afternoon) of a working day.

According to the Section 31, the nomination paper can be presented at the place fixed by the RO for filing nomination paper. If the nomination paper is presented at the place other than the place fixed for presenting nomination paper, then it is considered that the nomination paper is not presented in proper manner.

Here it’s clarified that if within the notice it’s mentioned that nomination paper can be presented at the workplace of Collector, it’s not necessary that nomination paper is needed to be delivered in the chamber of RO. The nomination paper are often delivered anywhere within the office of Collector.

Nomination paper should be in prescribed from. The form of nomination paper is prescribed under Rule-4 of the conduct of election Rules. Consequently Form 2A is prescribed as nomination paper for Lok Sabha election and Form 2B is prescribed as nomination paper for Vidhan Sabha election.

If the candidate or his proposers are not able to sign, under Rule 2(2) of the conduct of election rules, 1961, thumb impression or the other mark as directed by RO or ARO, are required to be placed.

For the constituency reserved for scheduled caste (SC) or scheduled tribe (ST), the candidate is needed to make a declaration with the nomination paper that he or she belongs to the SC or ST.

 If a person, dismissed from an office under the Government of India or under the Government of any state, wants to contest election, he is required to produce along with his nomination paper, the certificate issued by the Election Commission as per Section 9(2) of the R.P. Act, 1951.

Such certificate is issued by the Election Commission to decide whether the person is dismissed for corruption or for disloyalty to the state. It should be issued under the signature of the Secretary, Election Commission of India with authorised stamp and as per Rule-6 of conduct of Election Rules: 1961. It is required in the case of a person in whose case five years of dismissal are not completed. The certificate issued by the Election Commission is considered to be final and it cannot be challenged in the court of law.

Submission of Affidavit

A candidate is required to produce an affidavit along with his nomination paper in Form-26 (as revised w.e.f. 01-08-2012) that he/she has not been convicted for any offence. This affidavit is sworn before notary public/oath commissioner or magistrate of the first class. If not filed with nomination, the affidavit can be filed till 3 PM on the last date of filing nomination. As per Section-34 of R.P. Act, 1951, a candidate is required to make security deposit prescribed by law. At present, the sum required to be deposited by a candidate for contesting Lok Sabha election is Rs. 25,000. For contesting a Vidhan Sabha election, the sum required to be deposited is Rs 10,000. But for the candidate belonging to schedule castes and schedule tribes, the sum required to be deposited is half of the sum deposited by general category candidate.

Acknowledgement of Nomination Paper

The RO is required to acknowledge receipt of the nomination paper as soon as it is received by him.  With the receipt of nomination paper, the RO is required to issue a receipt to the candidate informing him about the date, time and place of the scrutiny of nomination paper. It’s advisable that the candidate obtains such receipt from the RO.

WBMKJ15.01.2014

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