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How to file a nomination for legislative assembly constituency?

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By uday

To contest elections to the Legislative Assembly, a candidate must meet certain requirements. Firstly, they must be at least 25 years of age and a citizen of India. Additionally, they must make an oath or affirmation before being authorized by the Election Commission, as per the form set out in the Third Schedule.

It’s important to note that certain factors could lead to disqualification. For example, if the person holds any office of profit under the Government of India or the Government of any state specified in the First Schedule, other than an office declared by the Legislature of the state by law to not disqualify its holder. Furthermore, if a person is declared of unsound mind by a competent court or is an undischarged insolvent, they would also be disqualified.

For Assembly elections, the candidate has to fill out the nomination paper in Form 2B appended to Conduct of Elections Rules, 1961 and submit it to the Returning Officer who scrutinizes them. Along with the nomination paper (Form 2B), the candidate has to submit an affidavit (Form 26) which will have details regarding criminal antecedents, if any, (cases of convictions and all pending cases), details of PAN and status of filing of income tax return of self, spouse and dependents, details of profession or occupation of candidate and spouse, and highest educational qualification of the candidate.

evm-inspect

In order for a candidate to be considered for nomination, it is imperative that all details are provided. Failure to do so, even after a reminder, may result in the rejection of the nomination paper by the Returning Officer. This individual is the competent authority responsible for scrutinizing and determining the validity of the nomination during the scrutiny process.

Furthermore, it is necessary for the candidate to swear an affidavit before an Oath Commissioner, Magistrate of first-class, or Notary Public. Candidates belonging to Scheduled Caste/Scheduled Tribes must also provide documentary proof of their status to the satisfaction of the Returning Officer.

If a candidate is registered as an elector in a different constituency from the one they plan to stand as a candidate in, they must attach a copy of the electoral roll of that constituency or a certified copy of the relevant entries in the current electoral roll where their name is entered.

In the event that a candidate claims to be sponsored by a political party, whether recognized or not, they must submit the prescribed notice from the political party concerned about their sponsorship in Form A and Form B to the Returning Officer/Chief Electoral Officer.

Finally, it is important to note that a security deposit is required for Vidhan Sabha candidates. The deposit is Rs 10,000 for general category candidates and Rs 5,000 for Schedule Caste/Scheduled Tribe candidates.

Proposer

Only the person, who is the elector within the constituencies in which the candidate contests the election, will propose the name of the candidate and may sign the nomination paper.

One proposer is enough for candidates of a recognized national or state party. However, if the candidate belongs to a registered unrecognized organization or is an independent candidate, ten proposers or electors of the constituency are needed to sign the nomination paper.

The nomination paper is to be presented either by the candidate or by only one person who has proposed the name of the candidate.

The Nomination will have to be filed in Belagavi at the designated RO.

Belagavi North & South – City Corporation

Belagavi Rural – Tahshildar Office, Risaldar Galli

Maximum of four nomination papers can be filed by a candidate or on his behalf for a constituency.


It’s crucial for candidates to understand these requirements and potential disqualifications before running for office. By doing so, they can ensure that they meet all necessary criteria and avoid any legal issues that could arise.


Dates:

The issue of notification will be on 13 April

Last day of nomination 20 April

Scrutiny of nomination 21 April

Last day for withdrawing nomination 24 April

Voting 10 May

Counting of votes 13 May

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