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model check list for returning officers and assistant returning officers

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(iv) Record reasons <strong>for</strong> rejecting a nomination paper on the spot <strong>and</strong> supply certified<br />

copies of the order, free of cost, in case where all the nomination papers of<br />

c<strong>and</strong>idate have been rejected. This may be done even in the absence of an<br />

application by the c<strong>and</strong>idate.<br />

6.5 Disqualification on ground of conviction <strong>for</strong> certain offences (Sec.8 of RP Act, 1951, ECI<br />

No. 509/5/2005 JS-I dt. 14.1.05 <strong>and</strong> dt. 20.1.2005) -<br />

(i) A chart is given at the end of this Part.<br />

(ii) In case of conviction <strong>for</strong> more than one offence in a common trial <strong>and</strong> with the<br />

sentences of imprisonment to run consecutively, <strong>for</strong> the purposes of Sec. 8(3),<br />

the period of sentence of imprisonment <strong>for</strong> each offence should be added <strong>and</strong> if<br />

the total length of time is two years or more, the convicted person shall be<br />

disqualified u/s 8(3) of RP Act, 1951.<br />

(iii) The above interpretation on the provisions of Sec. 8(3) would be equally<br />

applicable to the provisions of Sec. 8(2) of Act of 1951.<br />

(iv) Protection u/s 8(4) would be available to a sitting MP/MLA only <strong>for</strong> the<br />

membership of the house, <strong>and</strong> not <strong>for</strong> future election.<br />

6.6 Adjournment of proceedings/hearing of objections (Sec .36 (5) of R.P Act, 1951 <strong>and</strong> P. 11 of<br />

Ch. VI of RO H<strong>and</strong> Book) - only in the circumstances laid down in section 36(5) - Not<br />

beyond 11.00 AM of next day in particular case.<br />

6.7 List of validly nominated c<strong>and</strong>idates (Sec. 36 (8) of RP Act, 1951 <strong>and</strong> R.8, 22(3), 30(3) of CE<br />

Rules, 1961 <strong>and</strong> P. 12, 13 <strong>and</strong> 14 of Ch. VI of RO H<strong>and</strong> Book) -<br />

(i) List shall be prepared in Form 4 <strong>and</strong> affixed on notice board. Names shall be<br />

classified into three categories i.e.<br />

(i) C<strong>and</strong>idates of Recognised National/State Political Parties in the State<br />

concerned<br />

(ii) C<strong>and</strong>idates of registered unrecognized political parties.<br />

(iii) Other (Independent) c<strong>and</strong>idates.<br />

(ii) Names to be arranged alphabetically in each category according to script of the<br />

language as specified or first specified in the third column of S.O. No. 2/87 dt.<br />

17.7.1987 (see annexure-xvii of RO h<strong>and</strong> book, 2008) amended as per new<br />

25

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