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Source- This post on Law on Nomination has been created based on the article “Why was the BJP candidate declared winner in Surat?” published in “The Hindu” on 24 April 2024.
Why in news?
The BJP candidate, Mukesh Dalal, was declared the winner in the Surat Lok Sabha constituency without even a vote being cast.
This was due to the cancellation of nomination paper of the candidate fielded by the Congress party on account of forged signatures in the nomination papers filed by him and the withdrawal of nominations by other candidates.
About the law for nomination
Criteria for Nomination
1. Section 33 of the Representation of the People Act, 1951 (RP Act) outlines the criteria for a valid nomination.
2. According to the RP Act, an individual above 25 years old can contest a Lok Sabha election from any constituency in India. The proposer(s) of the candidate must be elector(s) from the respective constituency where the nomination is filed.
3. For candidates fielded by recognized parties (national or State), one proposer is required. However, candidates from unrecognized parties and independents must be supported by ten proposers.
4. A candidate can submit up to four nomination papers with different sets of proposers, allowing for the acceptance of nomination even if one set of papers has an issue.
Scrutiny and Cancellation of Nomination Papers
1. Section 36 of the RP Act details the process for the scrutiny of nomination papers by the Returning Officer (RO). It states that the RO cannot reject a nomination for a non-substantial defect.
2. However, it specifies that the discovery of non-genuine signatures of the candidate or proposer is grounds for rejection.
About the legal recourse in case Cancellation of nomination papers:
1. Article 329(b) of the Constitution, along with the Representation of the People Act (RP Act), stipulates that electoral matters can only be challenged through an election petition filed before the relevant High Court.
2. One grounds for such petitions is the improper rejection of nomination papers. RP Act mandates that High Courts strive to resolve such cases within six months.
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