MADC Rules 134अध्याय VI · Elections

धारा 134 · Nomination and steps to be taken thereunder

(1)

No person shall be nominated as a candidate for election to fill a seat in the constituency if he is not qualified to be elected to fill the seat.

(2)

The Government shall appoint for each constituency-

(a)

a date not later than three weeks after the date of the notification calling upon the constituency to elect a member or members, for the nomination of candidates and for the scrutiny of nominations;

(b)

a further date or dates on which a poll shall, if necessary, be taken and the dates so fixed shall be notified in the constituency in such manner as the Returning Officer thinks fit.

(3)

On or before the date so appointed for the nomination of candidates, each candidate shall, either in person or by the proposer or seconder, between the hours of eleven o'clock in the forenoon and three o'clock in the afternoon deliver to the Returning Officer, or to such other person as may be authorised in this behalf by the Returning Officer a nomination paper completed in the from specified in Appendix III and subscribed by the candidate himself as assenting to the nomination and by two persons referred to in sub-rule (4) as proposer and seconder.

(4)

Any person whose name is included in the electoral roll of the constituency and who is not subject to any disabilities for being so included under the Constitution or any rules made thereunder may subscribe as proposer or seconder as many nomination papers as there are vacancies to be filled but not more.

(5)

Every notification paper delivered under sub-rule (3) shall contain a declaration in writing subscribed by the candidate that the candidate has appointed or does thereby appoint as his election agent for the election either himself or some other person who is not disqualified under Rule 213 for the appointment and who shall be named in the declaration and no candidate shall be deemed to be duly nominated unless such declaration in made on the nomination paper:Provided that notwithstanding that more than one nomination paper is presented by or on behalf of a candidate, only one such declaration by the candidate shall be necessary.

(6)

Every nomination paper shall also contain a declaration in writing subscribed by the candidate that he has elected a particular symbol from the list specified in Appendix IV to these rules and no candidate shall be deemed to be duly nominated unless such declaration is made on the nomination paper.

(7)

Any nomination paper which is not received before three o'clock in the afternoon on the date fixed by the Government for the nomination of candidates shall be rejected.

(8)

The Returning Officer or any other Officer authorised by the Returning Officer in writing shall, on receiving a nomination paper under sub-rule (3), sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him, and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of all the nomination received containing descriptions, same as those contained in the nomination papers, both of the candidates and of the persons who have subscribed the nomination paper as proposers and seconders.

(9)

Any candidate may withdraw his candidature by notice in writing subscribed by him and delivered by him either in person or by his proposer or seconder to the Returning Officer at any time before the Returning Officer has completed the preparation of the list of valid nominations under sub-rule (4) of Rule 135.A candidate who has withdrawn his candidature shall not be allowed to cancel with withdrawal or to be re-nominated as a candidate for the same election.Note. - A telegram addressed to the Returning Officer, purporting to come from a candidate giving notice of withdrawal of his candidature may be provisionally accepted as a notice in writing, unless, however, such telegram is followed up as soon as possible by a notice of withdrawal subscribed by the candidate himself the telegram should be disregarded and the candidate should be deemed not to have withdrawn his candidature.

(10)

The Returning Officer or any other person authorised in this behalf shall on receiving a notice of withdrawal under sub-rule (9), as soon as may be, cause a notice of the withdrawal to be affixed in some conspicuous place in the office.

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