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PUBLIC RECORD OFFICE
Reference :-
C.O. 882/11
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
Deposits by
candidates.
Proceedings on nomination day.
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4. Name of proposer in full..
5. Name of seconder in full.
Signature of proposer Signed by the above-named.. in my presence this...........
A.B. (a Justice of the Peace or a Notary Public).
19......
Signature of seconder.........
Signed by the above named..
in my presence this......
19......
..(proposer)
....day of...
...(seconder)
..day of.......
C.D. (a Justice of the Peace or a Notary Public).
(5) The returning officer shall, at any time between the date of the notice published under Article 46 of this Order and one o'clock in the afternoon of the day of election, supply a form or nomination paper to any registered voter requiring the same; but nothing in this Order shall render obligatory the use of a nomination paper supplied by the returning officer, so, however, that the paper be substantially in the form prescribed by this Order.
49.-(1) A candidate or someone on his behalf shall deposit, or cause to be deposited, with the returning officer, between the date of the notice published under Article 46 of this Order and one o'clock in the afternoon of the day of election, the sum of one thousand rupees, and, if he fails to do so, he shall be deemed to have with- drawn from his candidature under Article 53 of this Order. The returning officer shall forthwith pay the said sum to the Colonial Treasurer.
(2) If the candidate is not nominated as a candidate for election or if, after the deposit is made the candidate withdraws from the candidature under Article 53 of this Order, the deposit shall be returned to the person by whom the deposit was made; and if the candidate dies after the deposit is made, and before the poll is commenced, the deposit, if made by him, shall be returned to his legal personal representative, or if not made by him shall be returned to the person by whom the deposit was made.
(3) If a candidate who has made the required deposit is not elected, and the number of votes polled by him does not exceed, in the case of a constituency for which there are one or two members to be elected, one-eighth of the total number of votes polled, or, in the case of a constituency for which there are more than two members to be elected, one-eighth of the number of votes polled divided by the number of members to be elected, the amount deposited shall be forfeited to His Majesty, but in any other case that amount shall be returned to the candidate, where the candidate is elected, as soon as he has taken the oath as a member, and, where the candidate is not elected, as soon as practicable after the result of the election is declared.
(4) Provided that where a candidate is nominated at a general election, in more than one constituency, he shall in no case recover his deposit more than once, and in such case the deposits shall be forfeited to His Majesty, except, if the candidate has for any constituency obtained the required number of votes, such one deposit as the Governor directs to be returned to the candidate.
(5) For the purposes of this Article the number of votes polled shall be deemed to be the number of votes counted other than rejected votes.
50.-(1) The returning officer shall on the day appointed for the nomination of candidates (in this Order called "nomination day ") attend at the place where the nomination of candidates is to take
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place (in this Order called the " place of nomination ") from 12 noon until 1 p.m. to receive nomination papers.
(2) Every nomination paper must be delivered to the returning officer together with a true copy thereof on the day and between the hours aforesaid by the candidate or by his proposer or seconder, and, if not so delivered, shall be rejected.
(3) The returning officer shall forthwith cause a copy of the nomination paper to be posted in a conspicuous position outside the place of election.
(4) The returning officer shall permit the candidates and their proposers and seconders and one other person, if any, selected by each candidate to be present on the day and at the place appointed for the election between 12 noon and 1.30 p.m., and there and then to examine the nomination papers of candidates which have been received for their constituency.
nomination papers.
51.-(1) Objection may be made to a nomination paper on all or Objections to any of the following grounds but on no other ground, viz. :—
(a) that the description of the candidate is insufficient to identify
the candidate;
(b) that the nomination paper does not comply with or was not
delivered in accordance with the provisions of this Order; (c) that it is apparent from the contents of the nomination paper that the candidate is not capable of being elected a member of the Legislative Council; and
(d) that the provisions of Article 49 (1) of this Order (relating
to deposits) have not been complied with.
(2) No objection to a nomination paper shall be allowed unless it is made to the returning officer between the hours of 12 noon and 1.30 p.m. on the nomination day.
(3) Every objection shall be in writing signed by the objector and shall specify the ground of objection. The returning officer may himself lodge an objection.
(4) The returning officer shall with the least possible delay decide on the validity of every objection and inform the candidate concerned of his decision, and, if the objection is allowed, of the His decision if disallowing the objection grounds of his decision. shall be final; but if allowing the objection shall be subject to reversal on an election petition.
52. No person, other than the candidates and their respective Who may be proposers and seconders and one other person (if any) selected by present at cach candidate and the returning officer shall, except with the nominations. consent of and for the purpose of assisting the returning officer, be entitled to be present at the proceedings specified in Articles 50 and 51.
53. (1) A candidate may before one o'clock on the day Withdrawal of appointed for the election, but not afterwards, withdraw from the candidature. candidature by giving a notice to that effect signed by him to the returning officer.
(2) The returning officer shall forthwith cause notice of such withdrawal to be posted in a conspicuous position outside the place of election.
54. If at one p.m. on nomination day and after deciding any Uncontested objections which have been or may be lodged no more candidates election. stand nominated for any constituency than there are vacancies to be filled, the returning officer shall forthwith declare the nominated candidate or candidates to be elected and report the result to the Colonial Secretary for publication in the Gazette.
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