Section 36. Scrutiny of nominations

36. Scrutiny of nominations.— (1) On the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents, one proposer[4] * of each candidate, and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 33. (2) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary,[5] [reject] any nomination on any of the following grounds: — 6 7 [(a) [that on the date fixed for the scrutiny of nominations the candidate] either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely: — Articles 84, 102, 173 and 191,[8] *. 9[Part II of this Act and sections 4 and 14 of the Government of Union Territories Act, 1963 (20 of 1963)][10] *; or (b) that there has been a failure to comply with any of the provisions of section 33 or section 34; or (c) that the signature of the candidate or the proposer on the nomination paper is not genuine.] (3) Nothing contained in[11] [clause (b) or clause (c)] of sub-section (2) shall be deemed to authorise the[12] [rejection] of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed. 1. Subs. by Act 10 of 1976, s. 2 and the Schedule, for "under sub-section (1) of section 33" (w.e.f. 9-9-1975). 2. Subs. by s. 2 and Sch., ibid., for "under sub-section (1)" (w.e.f. 9-9-1975). 3. Subs. by Act 27 of 1956, s. 18, for certain words (w.e.f. 28-8-1956). 4. The words "and one seconder" omitted by s. 19, ibid . (w.e.f. 28-8-1956). 5. Subs. by s. 19, ibid., for "refuse" (w.e.f. 28-8-1956). 6. Subs. by s. 19, ibid ., for clauses (a) to (e) (w.e.f. 28-8-1956). 7. Subs. by Act 40 of 1961, s. 9, for "that the candidate" (w.e.f. 20-9-1961).