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model check list for returning officers and assistant returning officers

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24<br />

first in scrutiny. If the nomination paper of main c<strong>and</strong>idate is found valid, the<br />

substitute c<strong>and</strong>idate shall not be deemed to have been set up by that party.<br />

(viii) Where a c<strong>and</strong>idate had not made a declaration in his nomination paper that he<br />

had been set up by a political party, he shall not be deemed to have been set up<br />

by that party.<br />

(ix) Inaccurate description, clerical, technical or printing error in the electoral roll or<br />

in the nomination paper shall be overlooked [Proviso of Sec. 33 (4)]<br />

(x) Question of genuine caste certificate - (ECI's No. 4/3/2008/JS-II/Vol.III dt.<br />

2.7.2008) - RO at the time of scrutiny should satisfy himself that c<strong>and</strong>idate from<br />

a reserved constituency belongs to SC or ST. In case of doubt, the RO must insist<br />

on production of SC/ST certificate - Wherever certificate produced is also<br />

challenged, RO need not go into question, except where it is alleged that the<br />

certificate is <strong>for</strong>ged. In case of any allegation/suspicion about the genuineness of<br />

the certificate, RO should get the position cross <strong>check</strong>ed with the authority which<br />

issued the certificate.<br />

6.4 Grounds <strong>for</strong> rejection (P. 10 of Ch-VI of RO H<strong>and</strong> book & Sec.36 of RP Act, 51) -<br />

(i) Reject nomination paper if the-<br />

(a) C<strong>and</strong>idate is not qualified, or<br />

(b) C<strong>and</strong>idate is clearly disqualified, or<br />

(c) C<strong>and</strong>idate has failed to comply with any provisions of Section 33, 33A <strong>and</strong> 34<br />

of RP Act, 1951.<br />

(d) Signatures of c<strong>and</strong>idate or proposer is not genuine.<br />

(e) Non furnishing of affidavit (Annexure-1 of ECI's Order 27.3.03 as revised)<br />

(ii) For Qualifications see provisions of -<br />

(a) Article-84 of the Constitution,<br />

(b) Section 4 of RP Act, 1951,<br />

(c) Section 55 of RP Act, 1951,<br />

(iii) For Disqualifications, see provisions of-<br />

(a) Article-102 of the Constitution.<br />

(b) Section 8, 8A, 9, 9A, 10, 10A, 11 of RP Act, 1951.<br />

(c) Section 16 of RP Act, 1950 read with section 36 (7) of RP Act, 1951.<br />

(d) The Parliament (Removal of Disqualifications) Act, 1959.

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