5BPresentation of nomination papers and requirements for a valid nomination
1[5B. Presentation of nomination papers and requirements for a valid nomination.-- (1) On or before the date appointed under clause (a) of sub-section (1) of section 4, each candidate shall, either in person or by any of his proposers or seconders, between the hours of eleven o'clock in the forenoon and three o'clock in the afternoon, deliver to the returning officer at the place specified in this behalf in the public notice issued under section 5 a nomination paper completed in the prescribed form and subscribed by the candidate as assenting to the nomination, and
(a) in the case of Presidential election, also by at least 2[fifty electors] as proposers and at least 2[fifty electors] as seconders;
(b) in the case of Vice-Presidential election, also by at least 3[twenty electors] as proposers and at least 3[twenty electors] as seconders:
Provided that no nomination paper shall be presented to the Returning Officer on a day which is a public holiday.
(2) Each nomination paper shall be accompanied by a certified copy of the entry relating to the candidate in the electoral roll for the parliamentary constituency in which the candidate is registered as an elector.
(3) The Returning Officer shall not accept any nomination paper which is presented on any day before eleven oclock in the forenoon and after three o'clock in the afternoon.
(4) Any nomination paper which is not received before three o'clock in the afternoon on the last date appointed under clause (a) of sub-section (1) of section 4 or to which the certified copy referred to in sub-section (2) of this section is not attached shall be rejected and a brief note relating to such rejection shall be recorded on the nomination paper itself.
(5) No elector shall subscribe, whether as proposer or as seconder, more than one nomination paper at the same election and, if he does, his signature shall be inoperative on any paper other than the one first delivered.
(6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper for the same election:
Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the Returning Officer.]
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1. Subs. by s. 4, ibid., for section 5 (w.e.f. 23-3-1974).
2. Subs. by Act 35 of 1997, s. 2, for "ten electors" (w.e.f. 5-6-1997).
3. Subs. by Act 35 of 1997, s. 2, for "five electors" (w.e.f. 5-6-1997)
- 3 Returning Officer and his assistants
- 4 Appointment of dates for nominations, etc
- 5 Public notice of election
- 5A Nomination of candidates
- 5B Presentation of nomination papers and requirements for a valid nomination
- 5C Deposit
- 5D Notice of nominations and the time and place for their scrutiny
- 5E Scrutiny of nominations
- 6 Withdrawal of candidature
- 7 Death of candidate before poll
- 8 Procedure in contested and uncontested elections
- 9 Manner of voting at elections
- 10 Counting of votes
- 11 Declaration of results
- 12 Report of the result