Section 112: Scrutiny

112. Scrutiny.—(1) The candidates, their proposers and seconders, and an agent authorized in writing in this behalf by each candidate, may attend the scrutiny of the nomination papers and the Returning Officer shall give them reasonable opportunity for examining all the nomination papers. (2) The Returning Officer shall, in the presence of the persons attending the scrutiny under sub- section (1), examine the nomination papers and decide any objection raised by any such person to any nomination. (3)The Returning Officer may, for the purpose of scrutiny, require any agency, authority or organization, including a financial institution, to produce any document or record or to furnish any such information as may be necessary to determine facts relating to an objection to the candidature of a candidate. (4)The Returning Officer, while scrutinizing nomination paper of a candidate, shall not ask any question which— (a) has no nexus with the information supplied in the nomination paper; or (b) has not arisen from the objections raised by any person or from information received under sub-section (3). (5)The declaration submitted under clause (a) of sub-section (2) of section 110 shall only be questioned by the Returning Officer if tangible material to the contrary is available on record. (6)The Returning Officer may, either on his own motion or upon any objection, conduct such summary enquiry as he may think fit and reject a nomination paper if he is satisfied that— (a) the candidate is not qualified to be elected as a Member; (b) the proposer or the seconder is not qualified to subscribe to the nomination paper; (c) any provision of section 110 or section 111 has not been complied with or the declaration or statement submitted by the candidate is false or incorrect in any material particular; or (d) the signature of the proposer or seconder is not genuine: Provided that— (i) the rejection of a nomination paper shall not invalidate the nomination of a candidate by any other valid nomination paper; (ii) the Returning Officer shall not reject a nomination paper on the ground of any defect which is not of a substantial nature and may allow any such defect to be remedied forthwith; and (iii) the Returning Officer shall not inquire into the correctness or validity of any entry in the electoral roll. (7) Notwithstanding anything contained in sub-section (8), where a candidate deposits any amount of loan, tax or government dues and utility expenses payable by him of which he is unaware at the time of filing of his nomination paper such nomination paper shall not be rejected on the ground of default in payment of such loan, taxes or government dues and utility expenses: Provided that where the Returning Officer is satisfied that the candidate has willfully concealed such loan, tax or government dues and utility expenses, he shall reject his nomination paper. (8)The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting it and shall, in the case of rejection, record a brief statement of the reasons his decision.

Effective date: 2017-10-02

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