Print View

[Section Index]

The Representation of the People Order, 1972 (President's Order)

( PRESIDENT'S ORDER NO. 155 OF 1972 )

Chapter III

ELECTION

14. (1) The candidates, their election agents, proposers and seconders, and one other person authorised in this behalf by each candidate may attend the scrutiny of nomination paper and the Returning Officer shall give them reasonable opportunity for examining all nomination papers 1[delivered or forwarded to him under Article 12].

 
 

(2) The Returning Officer shall, in the presence of the persons attending the scrutiny under clause (1), examine the nomination papers and decide any objection raised by any such person to any nomination.

 
 

(3) The Returning Officer may, either of 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 Article 12 or Article 13 has not been complied with; or

 
 

(d) the signature of the proposer or the 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 enquire into the correctness or validity of any entry in the electoral roll.

 
 

2[(3a) If any person subscribes to more than one nomination papers, all such nomination papers, except the one found valid, shall not be required to be scrutinized.]

 

(4) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting it 3[***] and shall 4[***] record a brief statement of the reason therefor.

 
 

5[(5) If a candidate or any bank is aggrieved by the decision of the Returning Officer, he may prefer an appeal to the Commission within the prescribed period and any order passed on such appeal shall be final.]


  • 1
    The words and figure “delivered of forwarded to him under Article 12” were substituted for the words “delivered to him” by section 5 of the Representation of the People (Second Amendment) Ordinance, 1986 (Ordinance No. XVII of 1986)
  • 2
    Clause (3a) was inserted by section 7 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).
  • 3
    The comma (,) after the word “it” was omitted by section 8 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).
  • 4
    The comma (,) after the word “shall” and the words and comma “in the case of rejection,” were omitted by section 8 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).
  • 5
    Clause (5) was substituted by section 8 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs