model check list for returning officers and assistant returning officers

model check list for returning officers and assistant returning officers model check list for returning officers and assistant returning officers

06.08.2013 Views

22 (e) Registers duly authenticated and numbered, regarding maintenance of election expenses (including form of affidavit) (f) Sufficient copies of Commission's orders as compiled by the Election Department. (v) Register to enter nomination papers. (vi) Form of consolidated list of nominated candidates – as given in P. 31 of Ch.V of RO Hand Book. (vii) RO's seal (brass and rubber both) (viii) Cashier with cash receipt book to receive security deposits. (ix) List of disqualified persons, u/s 8A, 9 and 10-A of RP Act, 1951. 5.15 Receiving Form-A and Form B (Para 13 and 13A of Election Symbol (R+A) order, 1968) - (i) Form A and Form B delivered to RO shall be accepted only up to 3.00 PM on last date of nominations. (ii) Forms signed in ink only, be accepted. Facsimile signatures or signatures by means of rubber stamp or forms transmitted by fax shall not be accepted. 5.16 Display of information submitted by the candidates regarding affidavits (Sec. 33-A of RP Act 1951, ECI No. 3/ER/2003/ JS-II dated 27.3.2003 and No. 3/ER/2003/ JS-II dated 07.08.2003; P. 26 of Ch. V of R.O. Hand book) - (i) A copy of nomination paper, affidavit (form 26) & affidavit (Annex.–1) to be displayed at a conspicuous place at the office of RO. Copies to be given freely to electronic media/press, NGO and any other person. (ii) Information to the contrary, by means of counter affidavits, shall also to be displayed. (iii) A copy of each affidavit should be sent to DEO at the earliest, who will consolidate all such affidavits and make available their copy to any applicant on nominal payment of copying charges. (iv) Information furnished by candidates on "Govt. Dues" in affidavit should be published by RO in a format in two local news papers within two days after the list of contesting candidates. (Para 26.3 of Ch. V of RO Hand book).

Part-6 Scrutiny of nomination papers 6.1 Scrutiny by RO himself (Sec.22 (2) of RP Act, 51 P. 1 Ch-VI of RO Hand Book) - (i) Scrutiny of nomination papers has to be done by RO himself except when he is unavoidably prevented from performing the said function. In that case RO should record reasons and authorize ARO in writing. 6.2 Entry into place fixed for scrutiny (Sec. 36 (1) of RP Act, 51 P.-2 Ch. VI of RO Hand Book) - (i) On the date and hours fixed for scrutiny, only following persons should be allowed- (a) candidate himself (b) his election agent (c) one proposer for each candidate, and (d) one another person duly authorised by candidate in writing. (ii) Reasonable facilities for examining the nomination papers be given to the persons. 6.3 Scrutiny (Sec.33, 36 of RP Act and R.4 of CE Rules, 1961; Ch-VI of RO Hand Book) - (i) Scrutiny is a quasi-judicial function. (ii) All nomination papers are to be scrutinized. (iii) Reason to be recorded in case of every objection and rejection. (iv) Crucial date for qualifications and disqualification is the date fixed for scrutiny. (v) Be liberal in overlooking minor technical or clerical errors. (vi) No-rejection on the ground of any defect which is not of a substantial nature. (vii) Where a recognised party has sponsored a candidate as main candidate and another one as substitute candidate, take nomination papers of main candidate 23

Part-6 Scrutiny of nomination papers<br />

6.1 Scrutiny by RO himself (Sec.22 (2) of RP Act, 51 P. 1 Ch-VI of RO H<strong>and</strong> Book) -<br />

(i) Scrutiny of nomination papers has to be done by RO himself except when he is<br />

unavoidably prevented from per<strong>for</strong>ming the said function. In that case RO should<br />

record reasons <strong>and</strong> authorize ARO in writing.<br />

6.2 Entry into place fixed <strong>for</strong> scrutiny (Sec. 36 (1) of RP Act, 51 P.-2 Ch. VI of RO H<strong>and</strong> Book) -<br />

(i) On the date <strong>and</strong> hours fixed <strong>for</strong> scrutiny, only following persons should be<br />

allowed-<br />

(a) c<strong>and</strong>idate himself<br />

(b) his election agent<br />

(c) one proposer <strong>for</strong> each c<strong>and</strong>idate, <strong>and</strong><br />

(d) one another person duly authorised by c<strong>and</strong>idate in writing.<br />

(ii) Reasonable facilities <strong>for</strong> examining the nomination papers be given to the<br />

persons.<br />

6.3 Scrutiny (Sec.33, 36 of RP Act <strong>and</strong> R.4 of CE Rules, 1961; Ch-VI of RO H<strong>and</strong> Book) -<br />

(i) Scrutiny is a quasi-judicial function.<br />

(ii) All nomination papers are to be scrutinized.<br />

(iii) Reason to be recorded in case of every objection <strong>and</strong> rejection.<br />

(iv) Crucial date <strong>for</strong> qualifications <strong>and</strong> disqualification is the date fixed <strong>for</strong> scrutiny.<br />

(v) Be liberal in overlooking minor technical or clerical errors.<br />

(vi) No-rejection on the ground of any defect which is not of a substantial nature.<br />

(vii) Where a recognised party has sponsored a c<strong>and</strong>idate as main c<strong>and</strong>idate <strong>and</strong><br />

another one as substitute c<strong>and</strong>idate, take nomination papers of main c<strong>and</strong>idate<br />

23

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