Section 21
Scrutiny Of Nomination Paper
(1) The Election Officer shall scrutinize the nomination papers on the date, at the time and place as specified in the notification of the election program, in the presence of the proposers, seconders or candidates themselves or attorneys authorized by them respectively.
(2) The Election Officer shall scrutinize the nomination papers of all candidates in presence of the persons as referred to in Sub-section (1). Provided that, this Sub-section shall not be deemed to bar the scrutinizing of the nomination papers in the pre specified time and making decision thereon according to the law even if any proposer, seconder or candidate or his or her attorney required to be so present is not present on the date, at the time and place as specified in the election program.
(3) While scrutinizing the nomination papers of the candidates, the Election Officer shall also have to make decision by holding necessary inquiries into objection, if any, made against any candidate pursuant to Section 20. Provided that, a nomination paper shall not be invalidated only by virtue of minor error and omission contained in the nomination paper. Explanation : For the purposes of this Sub-section, “minor error and omission” means any technical error or error of letters, numbers or vowel signs relating to the writing or printing of name, surname, address or serial number of a candidate, proposer or the person related with them contained in the Electoral Rolls or nomination paper, which does not cause any substantial difference.
(4) The Election Officer shall not postpone the proceedings on scrutiny of the nomination papers, except in any of the following circumstances:
(a) If any mobbing or violence erupts in the place and at the time of scrutiny of nomination papers.
(b) If there occurs any situation beyond control owing to natural calamity.
(5) If the proceedings on the scrutiny of the nomination papers are postponed under Sub-section (4), the Election Officer shall specify the time and place for the scrutiny of nomination papers and scrutinize them on the following day.
(2) The Election Officer shall scrutinize the nomination papers of all candidates in presence of the persons as referred to in Sub-section (1). Provided that, this Sub-section shall not be deemed to bar the scrutinizing of the nomination papers in the pre specified time and making decision thereon according to the law even if any proposer, seconder or candidate or his or her attorney required to be so present is not present on the date, at the time and place as specified in the election program.
(3) While scrutinizing the nomination papers of the candidates, the Election Officer shall also have to make decision by holding necessary inquiries into objection, if any, made against any candidate pursuant to Section 20. Provided that, a nomination paper shall not be invalidated only by virtue of minor error and omission contained in the nomination paper. Explanation : For the purposes of this Sub-section, “minor error and omission” means any technical error or error of letters, numbers or vowel signs relating to the writing or printing of name, surname, address or serial number of a candidate, proposer or the person related with them contained in the Electoral Rolls or nomination paper, which does not cause any substantial difference.
(4) The Election Officer shall not postpone the proceedings on scrutiny of the nomination papers, except in any of the following circumstances:
(a) If any mobbing or violence erupts in the place and at the time of scrutiny of nomination papers.
(b) If there occurs any situation beyond control owing to natural calamity.
(5) If the proceedings on the scrutiny of the nomination papers are postponed under Sub-section (4), the Election Officer shall specify the time and place for the scrutiny of nomination papers and scrutinize them on the following day.