Section 25State of Maharashtra Act
Section 25: Scrutiny of nomination papers
Scrutiny of nomination papers.
(1)
On the date fixed, for the scrutiny of nomination papers under rule 18, the candidates, one proposer of each candidate duly authorized in writing by each candidate, may attend at the time and place appointed in this behalf, and the Returning Officer shall give or cause to give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered as required by rule 20. No other person shall be allowed to attend the scrutiny of nomination.(2)
The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary reject any nomination on any of the following grounds, that is to say :-(a)
that the candidate is disqualified for being chosen to fill the seat by or under the Act, the Rules and the bye-laws ;(b)
that the proposer or seconder is disqualified from subscribing a nomination paper ;(c)
that there has been a failure to comply with any of the provisions of rule 21 or 23 ;(d)
that the signature of the candidate or the proposer or the seconder on the nomination paper is not genuine.(3)
Nothing contained in clause (c) or (d) of sub-rule (2) shall be deemed to authorize the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.(4)
The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.(5)
The Returning Officer shall hold the scrutiny on the date appointed in this behalf under rule 18, and shall not allow any adjournment of the proceedings, except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control :Provided that, in case any objection is raised by the Returning Officer or is made by any other person, the candidate concerned may be allowed time to rebut it, not later than the next day before the publication of list of valid nomination and the Returning Officer shall record his decision on the date to which the proceedings have been adjourned.(6)
The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, he shall record in writing, a brief statement of his reasons for such rejection, and a copy of such statement shall be immediately supplied on demand to the candidate or to the proposer concerned. The copy of such statement shall be sent invariably to the SCEA or District Co-operative Election Officer, as the case may be.Previous
Sec 24 — Notice of nomination and time and place for the scrutiny
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Sec 26 — Publication of list of valid nomination
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