Requirement to issue reasoned decision
India
Representation of People Act, 1951
36. Scrutiny of nominations
(2) The returning officer shall thenexamine the nomination papers and shall decide all objections which may be madeto any nomination and may, either on such objection or on his own motion, aftersuch summary inquiry, if any, as he thinks necessary, 4[reject] any nominationon any of the following grounds:— [(a) 6[that on the date fixed for thescrutiny of nominations the candidate] either is not qualified or isdisqualified for being chosen to fill the seat under any of the followingprovisions that may be applicable, namely:
(b) that there has been a failure tocomply with any of the provisions of section 33 or section 34 ; or
(c) that the signature of the candidateor the proposer on the nomination paper is not genuine.
(3) Nothing contained in 10[clause (b)or clause (c)] of sub-section (2) shall be deemed to authorizethe 11[rejection] of the nomination of any candidate on the ground of anyirregularity in respect of a nomination paper, if the candidate has been dulynominated by means of another nomination paper in respect of which noirregularity has been committed.
(4) The returning officer shall notreject any nomination paper on the ground of any 1* * * defect which is not ofa substantial character.
(5) The returning officer shall hold thescrutiny on the date appointed in this behalf under clause (b) ofsection
30 and shall not allow any adjournment of theproceedings except when such proceedings are interrupted or
obstructed by riot or open violence or by causesbeyond his control:
Provided that in case 2[an objection is raisedby the returning officer or is made by any other person] the candidateconcerned may be allowed time to rebut it not later than the next day but onefollowing the date fixed for scrutiny, and the
returning officer shall record his decision onthe date to which the proceedings have been adjourned.
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