State Act

The Greater Hyderabad Municipal Corporation Act, 1955.

39. (1) On the date fixed for the scrutiny of nominations under section 33, the candidates, their election agents, one proposer 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 36. (2) The Returning Officer shall then examine the nomination paper 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, reject any nomination on any of the following grounds:— (a) that the candidate is not qualified to be elected under this Act; or (b) that the candidate is disqualified for being elected under this Act; or (c) that a proposer is disqualified from subscribing a nomination paper under sub-section (2) of section 36; or (d) that there has been any failure to comply with any of the provisions of section 36 or section 37; or (e) that the signature of the candidate or any proposer is not genuine or has been obtained by fraud. (3) Nothing contained in clause (c), clause (d) or clause (e) of sub-section (2) shall be deemed to authorise the rejection 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. (4) The Returning Officer shall not reject any nomination paper on the ground of any technical defect which is not of substantial character. (5) The Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 33 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: Provided that in case an objection is made the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the Returning Officer shall record his decision on the date to which the proceedings have been adjourned. (6) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection. (7) For the purposes of this section a certified copy of an entry in the #[ward] List for the time being in force, shall be conclusive evidence of the fact that the person referred to in that entry is a voter for that #[ward] unless it is proved that he is subject to a disqualification mentioned in section 10. (8) Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the Returning Officer shall, prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix the same to his notice board.