Requirement to issue reasoned decision

Representation of the People Act, 1976

(2) The Returning Officershall, in the presence of the persons attending the scrutiny under sub-section(1), examine the nomination papers and decide any objection raised by any suchperson to any nomination.

(3) The Returning Officer may,either of his own motion or upon any objection, 4[either by an elector or] 5[byany person referred to in sub-section (1),] conduct such summary enquiry as hemay think fit and may reject nomination paper if he is satisfied that—

(a) the candidate is notqualified to be elected as a member;

[(b) the proposer or theseconder is not qualified to subscribe to the nomination paper;]

(c) any provision of section12 or section 13 has not been complied with or submits any false or incorrect declarationor statement in any material particular] ; or

[(d) the signature of theproposer or the seconder is not genuine:] Provided that:—

(i) the rejection of anomination paper shall not invalidate the nomination of a candidate by anyother valid nomination paper;(1a) the Returning Officer may, for the purpose ofscrutiny, require

any agency or authority toproduce any document or record;]

(ii) the Returning Officershall not reject a nomination paper on the ground of any defect which is not ofa substantial nature and may allow any such defect to be remedied forthwith,including

an error in regard to thename, serial number in the electoral roll or other particulars of the candidateor 1[his proposer or seconder] so as to bring them in conformity with thecorresponding entries in the electoral roll; and

(iii) the Returning Officershall not enquire into the correctness or validity of any entry in theelectoral roll.

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