Requirement to issue reasoned decision in the last instance

Representation of the People Act, 1976

(5) A candidate, may prefer anappeal against the decision of the Returning Officer rejecting or, as the casemay be, accepting the nomination paper of the candidate to the Tribunalconstituted for the constituency to which the nomination relates and consistingof not less than two nor more than three Judges of the High Court nominated bythe Commissioner, with the approval of the President; and such appeal shall besummarily decided within such time as may be notified by the Commission and anyorder passed thereon shall be final.

(5A) If, on the basis of anyinformation or material brought to its knowledgeby any source, a Tribunalconstituted under sub-section (5) is of the opinion that a candidate whosenomination papers have been accepted is a defaulter of loan, taxes governmentdues or utility charges or has had any loan written off or suffers from anyother disqualification from being elected as a member of an Assembly, it may,on its own motion, call upon such candidate to show cause why his nominationpapers may not be rejected, and if the Tribunal is satisfied that the candidateis actually a defaulter as aforesaid or has had a loan written off or suffersfrom any disqualification, it may reject the nomination papers.

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