WBPE Act 46अध्याय VI · Conduct of Elections.

धारा 46 · Presentation of nomination papers and requirement for valid nomination

(1)

On or before the date appointed under clause (a) of section 43 each candidate shall, either in person or by his proposer, between the hours as may be prescribed, deliver, to the Panchayat Returning Officer at the place specified in this behalf in the notice issued under section 44, a nomination paper completed in the prescribed form and signed by the candidate and by a voter of the constituency as proposer:Provided that no nomination paper shall be delivered to the Panchayat Returning Officer on a day which is a public holiday.

(2)

Without prejudice to the generality of the provisions contained in sub-section (1), if the Commission, on receipt of complaints from the intending candidates or the recognized political parties, either from or through the District Panchayat Election Officer or its own machinery or any other agency, is satisfied that there is reasonable apprehension of prevention of, or obstruction to, the intending candidates from making nominations at the place or before the authority for the Gram Panchayat and Panchayat Samiti constituencies specified in the notice under section 44, the Commission may, by order, issue a direction to the Panchayat Returning Officer appointed for any Block, to depute one Assistant Panchayat Returning Officer at the office of the Sub-Divisional Officer having jurisdiction, for receiving nomination papers within the specified date and hour from the intending candidates for one or more Gram Panchayat or Panchayat Samiti constituencies, as the case may be:Provided that the Commission may also, by the said order, extend the last date for making nomination for one day and also direct that all the nomination papers received under sub-sections (1) and (2) for any Gram Panchayat or Panchayat Samiti constituency, as the case may be, shall be taken up by the Panchayat Returning Officer for scrutiny of all such nomination papers, at one sitting, one after another, in terms of the notice under section 44:Provided further that on receipt of such order of the Commission, the Panchayat Returning Officer shall arrange to display a notice accordingly in his office and in the office of the Sub-Divisional Officer and District Panchayat Election Officer and shall also arrange for wide publicity within the polling area.

(3)

[ The nomination paper for any seat, reserved for a candidate of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, shall be accompanied by a copy of certificate of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, granted by a competent authority and that the original copy of such certificate shall be produced at the time of making delivery of such nomination paper to the Panchayat Returning Officer.Explanation. - The expression "competent authority" shall mean the authority competent to issue certificate under any specific provision of any Act or Rule or any order or notification issued by the State Government from time to time and is in force for the time being.] [Substituted by Act No. 23 of 2012, dated 24.8.2012.]

(4)

Where the candidate is a person who having held any office referred to in section 9 of the Representation of the People Act, 1951 has been dismissed and a period of five years has not elapsed since such dismissal, such person shall not be qualified to be nominated as a candidate.

(5)

Any person whose name is entered in the electoral roll of a constituency for which the candidate has been nominated, and who is not otherwise disqualified, may subscribe as a proposer and he shall not subscribe as a proposer for more than one nomination:Provided that where in a constituency more than one seat are to be filled up, such person may subscribe as proposer for such number of nomination papers as there are seats to be filled up in that constituency.

(6)

On the presentation of a nomination paper, the Panchayat Returning Officer shall satisfy himself that the names and serial numbers in the electoral roll of the candidate and his proposer, as entered in the nomination paper, are the same as those entered in the electoral rolls:Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to serial numbers in the electoral roll of any such person or the nomination paper, shall effect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood, and the Panchayat Returning Officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected in order to bring them in conformity with the corresponding entries in the list of voters, and where necessary, direct that any such misnomer, inaccurate description, clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.

(7)

Nothing in this section 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 or accepted by the Panchayat Returning Officer.

(8)

Failure to complete or a defect in the declaration as to symbol shall not be deemed to be a defect of substantial character within the meaning of sub-section (4) of section 49.

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