||Chapter - 1 Nomination of Candidates
|PART-III Conduct of Election
CHAPTER-1 Nomination of Candidates
Appointments of dates for nominations etc.: -
As soon as the notification or notifications calling upon a wars or words to elect a Councillor or Councillors is issued under the provisions of sub-section 11, or sub-section (1) of section 12 of the DMC Act, 1957 (66 of 1957), the Election Commissioner shall by notification in the Official Gazette appoint: -
the last date for making nominations, which shall be the seventh day after the date of publication of the first mentioned notification, or, if that day is a public holiday, the next succeeding day which is not a public holiday;
The date for the security of nominations which shall be the second day after the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
The last date of the withdrawl of candidatures which shall be the third day after the date for the security of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday.
The date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the fourteenth day after the last date for the withdrawl of candidatures; and
The date before which the election the selection shall be completed.
Explanation: - In this, “public holiday’ means any day which is public holiday for the public holiday for the purpose of section 25 of the Negotiable Instruments Act, 1881 (26 to 1881), or any day which has been notified by the Administrative to be a holiday for the Govt. offices in the National Capital Territory of Delhi. However, a Saturday shall not be a holiday for purpose of receipt of nominations, scrutiny of nominations , last date for withdrawl of candidatures, day of poll or the day of completion of elections.
- Public notice of electron: -
On the issue of a notification under rule 11, the Returning Officer for the ward shall give public notice of the intended election in Form 1 which shall, subject to any directions of the Election Commissioner, by published in such manner as the Returning Officer thinks fit.
For the purpose of election to the Municipal Corporation of Delhi, the National Parties and State Parties for the National Capital Territory of Delhi, as are recognized for the time being by the Election Commission of India in the National Capital Territory of Delhi, under section 29 A of the Representation of the People Act, 1951 and the rules and procedure made thereunder, shall be recognized as such by the State Election Commission. The Commission shall also adopt free symbols as have been notified by the Election Commission of India for the time being in respect of elections of Lok Sabha/Legislative Assembly in the National Capital Territory of Delhi. The commissioner shall recognize the parties and adopt symbols subject to the following conditions, namely:
The national Parties and the State recognized by the Election Commission of India shall be recognized under the very same name by the Commission.
The National Parties and the State Parties recognized by the Election Commission of India shall use only those very symbols which are reserved for them by the Election Commission of India and not any other symbol.
The facsimiles of the symbols thus allowed shall not be different from the facsimiles prescribed and recognized by the Election Commission of India.
1A.The Election Commissioner shall specify by notification in the official Gazette, the symbols that may be chosen by candidates and the restrictions to which their choice shall be subject.
- Where at any such election, more nomination papers than one are delivered by or on behalf of a candidates, the declaration as to symbols, made in the nomination paper first delivered, and no other declaration as to symbols, shall be taken into consideration under rule 20 even if that nomination paper has been rejected.
- A Failure to complete, or a defect in completing the declaration as to symbols in a nomination paper shall not be deemed to be a defect of a substantial character within the meaning of sub-rule (4) of rule 18.
- Nominations of candidates for elections -
Any person may be nominated as candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of the Act.
Presentation of nomination paper and requirements for a valid nomination –
On or before the date appointed under clause (a) of rule 11 each candidate shall, either in person or by his proposer, between the hours of eleven O’ clock in the forenoon and three O’ clock in the afternoon, deliver to the Returning Officer at the Place specified I this behalf in the notice issued under rule 12-A A nomination paper completed in Form 2 and signed by the candidate and by elector of the ward as proposer:
“Provided that a candidate not set up by a recognized political party, shall not be deemed to be duly nominated for election from a ward unless the nomination paper is subscribed by ten proposers being electors of the ward.’ In a ward where any seat is reserved, a candidate shall not be deemed to be qualified to be chosen to fill that sent unless his nomination paper contains a declaration made by him specifying the particular Scheduled Caste of which he a member.
(2A) In a ward where any seat is reserved for woman, a candidate shall not be deemed to be qualified to be chosen to fill that unless her nomination paper contains a declaration made by her that she is woman.
Where the candidate, is a person who having held any office referred to in clause (K) of subsection (1) of section9 has been dismissed and a period of our 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 by the Central Government that the disqualification has been removed or by a certificate issued by the Election Commissioner to the effect that he has not been dismissed for corruption or disloyalty to the State.
On the presentation of a nomination paper, the Returning Officer shall, satisfy himself that the names and electoral roll number of the candidates and his proposer as entered in the nomination paper are the same as those entered in the electoral roll:
Provided that the Returning Officer shall permit it any clerical or technical error in the nomination paper in regard to the said names or numbers to be corrected in order to bring them into conformity with the corresponding entries in the electorl rolls, and where necessary, direct that any clerical or printing error in the said entries shall be overlooked.
Where the candidate is an elector of a different ward, a copy of the electoral roll of what ward or of the relevant part thereof or a certified copy of the relevant entries in such roll shall, unless it has been filed alongwith the nomination paper, be produced before the Scrutinizing Officer at the time of scrutiny.
Nothing in this rule 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 accepted by the Returning Officer for electron in the same ward.
- Deposit: -
A candidate shall not be deemed to be duly nominated unless he deposits or cause to be deposited a sum of three thousand rupees, or where the candidate is a member of a Scheduled Caste, a one thousand five hundred sum of Rupees: -
Provided that where a candidate has been nominated by more than one nomination paper for election in the same ward not more than one deposit shall be required of him under this sub-rule.
Any sum required to be deposited under sub-rule (1) shall not be deemed to have been deposited under that sub-rule unless at the time of delivery of the nomination paper under sub-rule (1) of rule 15 the candidate has either deposited or caused to be deposited that sum in cash with the Returning Officer or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in a Govt. Treasury in the National Capital Territory of Delhi.
If a candidate by whom or on whose behalf the deposit has been made withdraws his candidature under rule 19 or if the nomination of any such candidate is rejected, the deposit shall be returned to the candidature or if he dies before the commencement of poll, his legal representatives.
If a contesting candidate is not elected and the number f valid votes polled by his does not exceed one-sixth of the total number of valid votes polled, the deposit shall be forfeited to the Govt.
The deposit shall, where it is not forfeited under sub-rule (4) be returned to the candidate or if he is dead, to his legal representatives, after the publication of the result of the electron in the Official Gazette.
- Notice of nominations and the time and place for their scrutiny: -
The Returning officer shall, on receiving the nominations paper under sub-rule (1) 15, inform the persons delivering the same of the date, time and place fixed and the Scrutinizing Officer appointed, for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him and shall as soon as may be, thereafter cause to be affixed in some conspicuous place in his office a notice in Form 3 of the nomination containing description similar to those contained in the nomination paper both of the candidate and the proposer.
The Returning Office shall cause all the nomination papers to be delivered to the concerned Scrutinizing Officer in sufficient time for being dealt with under rule 18.
- Scrutiny of nomination : -
on the date fixed for the scrutiny of nominations under rule 11, the candidate and two other persons duly authorized in writing by him but no other person, may attend at such time and place as has been specified in the notice issued under rule 12 and before such Scrutinizing Officer as the Election Commissioner has appointed under rule 5 and the Scrutinizing Officer shall give them all reasonable facilities for examining the nominations papers of all candidates which have been delivered within the time and the manner laid down in rule 15.
The Scrutinising Officer shall then examine the nomination papers and shall decide all objection which may by made to any nomination, and may either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, reject any nomination paper on any of the following grounds: -
that on date fixed for the scrutiny of nomination the candidate either is not qualified or is disqualified for being chosen as a councilor under Act; or
that there has been a failure to comply with any of the provisions of rule 15 or rule 16; or
that the signature of the candidate or the proposer on the nomination paper is not genuine.
- Nothing contained in clause (b) or clause (2) Shall be deemed to authorize the rejection of the nomination of any candidate on the ground of nay 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.
- The Scrutinizing Officer shall not reject any nominate paper on the ground of any defect, which is not of a substantial character.
- The Scrutinizing Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of rule 11 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot, open violence or by cause beyond his control:
Provided that in case an objection is raised by the Scrutinizing or is made by any other person the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny; and the Scrutinizing officer shall record his decision on the date to which the proceedings have been adjourned.
Provided further that if the Scrutinizing Officer/Retruning Officer, observes himself or an objection has been raised at the time of scrutiny of nominations that a particular candidate is disqualified to be chosen under clause (f), (h), (i), (j) (k) or sub-section (1) of Section 9 of the Act and he seeks clarification or any information in this behalf from the Commissioner, Delhi Municipal Corporation, the Commissioner shall supply the requisite information/clarification to the Returning Officer within such time as given by the Returning Officer.
- The Scrutinizing Officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reason for such rejection.
- For the purpose of this rule, a certified copy of any entry in the electoral roll for the being in force of a ward shall be conclusive evidence of the fact that the person referred to it in entry is an elector for what ward unless it is proved that he is subject to a disqualification mentioned in section 16 of the Representation of the People Act, 1950 (43 to 1950).
- Immediately after all the nomination papers have been securitized and decision accepting or rejecting the same have been recorded, the Scrutinizing Officer shall prepare in Form 4 a list of validity nominated candidates, that is to say, candidates whose nomination have been found valid and forward the same alongwith all the nomination papers to the Retruning Officer who shall countersign the list and affix it to his notice board.
- Withdrawal of Candidature :-
- Any candidate may withdraw his candidature by notice in writing in Form 5 which shall be subscribed by him and delivered before O’ clock in the afternoon on the day fixed under clause (C) of rule 11 to the Returning Officer either by such candidate in person or by his proposer.
- on receipt of such notice, the Returning Officer shall note thereon the date and time at which it was delivered.
- No person who has given a notice of withdrawl of his candidature under sub-rule (I) shall be allowed to cancel the notice.
- The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawl and the identy of the person delivering it under sub-rule (I), cause the notice to be affixed in Form 6 in some conspicuous place in his office.
- Preparation of list of contesting candidates.-
- Immediately after the expiry of the period within which candidature may be withdrawn under sub-rule (I) of rule, 19m the Returning Officer shall prepare in Form 7 list of the contesting candidates, that is to say, candidates who were included in the list of validity nominated candidates, and who have not witndrawn their candidature within the said period. The said list shall be prepared in three different segments in consecutive order, that is to say, I-Candidates of recognized political parties at National Level, II-Candidates of State Parties for elections of Lok Sabha /Assembly in the National Capital Territory of Delhi, and III-Independents;
- The said list shall be prepared and printed in three languages, namely (i) Hindi, (ii) English, and(iii) Urdu, It shall contain the names in alphabetical order of Hindi Script and the addresses of the contesting candidates as given in the nominations papers, etc. The alphabetical orders, shall be determined with reference to the surnames of the candidates have surnames and the names proper of other candidates.
- Where a poll becomes necessary, the Returning Officer shall consider the choice of symbols expressed by the contesting candidates in their nominations papers and shall, subject to any general or special direction issued in this behalf by the Election Commissioner: -
- allot different symbol to each contesting candidate in conformity, as far as practicable, with his choice and
- if more contesting candidates than one have indicated their preference for the same symbol decide by lot to which of such candidates the symbol, will be allotted.
- The allotment by the Returning Officer of any symbol to a candidate shall be final except where it is inconsistent with any directions issued by the Election Commission is this behalf in which case the Election Commission may revise the allotment in such manner as it thinks fit.
- Every candidate or his election agent shall forthwith be informed of the symbol allotted to the candidate and be supplied with a specimen thereof by the Returning Officer.
- Publication of list of contesting candidates: -
- The Returning Officer shall, immediately after its preparation cause a copy of the list of contesting candidates to be affixed in some conspicuous place his office and shall also supply a copy thereof to each of the contesting candidates or his election agent.
- If a poll becomes necessary under rule 28, the Returning Officer shall publish the list of contesting candidates in the official Gazette.
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