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Chapter – 3  Nomination of Candidates

Chapter – 3  Nomination of Candidates
6. Registering of Nomination Papers for First Past The Post Electoral
System:

(1) A person who has possessed the qualification set forth in the Constitution and the Ordinance and intents to become a candidate in the election to be held under the First Past The Post Electoral System may, himself or herself or through his or her representative, proposer of recorder, file, or cause to be filed the nomination paper in the format as referred to in Schedule – 3 to the office of the Returning Officer at the date and time set forth in the notice on the election program. In so filling, or causing to be filed, the nomination paper, one person may file, or cause to be filed, the   nomination paper for a candidate in a maximum of two election constituencies.
(2) In the case of a person who becomes a candidate filed by any political party, in filing a nomination paper pursuant to Sub-rule (1), a formal letter in the format as referred to in schedule -4, provided by that political party shall also be submitted and the office bearer of that party who is authorized to provide such formal letter shall send a copy of such formal letter to the Returning Officer.
(3) While filing, or cause to be filing a nominate paper pursuant to Sub-rule
(1), one person shall propose and another person shall support the proposal with their signature. The nomination paper shall be accompanied by evidence indicating such proposer and seconder are the voters whose names
are registered in the electoral roll of the same constituency.
(4) Any person may be nominated by a maximum of three nomination papers having different proposer and seconder of the proposal for the election in the same electoral constituency.
(5) The person nominated as a candidate shall have to express his or her consent by signing it.
(6) In order to register a nomination paper pursuant to this Rule, a bank voucher of the deposit of three thousand rupees or a cash receipt thereof shall be submitted. Provided that, a person who intends to file more than one nomination paper in one election constituency pursuant to Sub-rule (4) shall not be required to furnish a deposit exceeding three thousand rupees.
(7) A person who intends to file a nomination paper pursuant to Sub-rule (1) to be a candidate in an election constituency other than the election constituency, where his/her name is included in the electoral roll, such
person shall get it certified by the Commission or the concerned District Election Officer that his or her name is included in the electoral rolls and also submit a transcript of the electoral roll along with the nomination paper.
(8) If, in scrutinizing a nomination paper filed pursuant to sub-slue (1), it appears to have fulfilled the requirements, the Returning Officer shall  register such nomination paper and give a receipt thereof to the person  getting the nomination paper registered.
(9) If, in examining the nomination paper pursuant to Sub-rule (8), it appears that a nomination paper have no the proposer or seconder or that the proposer or seconder is repeated or have not submitted a receipt of the
furnished deposit or have no signature of candidates or the proposer or seconder or have not fulfilled the other requirements, the Returning Officer shall cause to make correction in such documents which are not in
accordance with the requirements, and register the nomination paper. If one intends to get the nomination paper registered without fulfilling the requirements, the nomination paper shall be registered by mentioning the
fact of non fulfillment of the requirements in that nomination paper, and a receipt thereof shall be given.

7. To Be Provided Specimen of Signature:

(1) The office bearer specified by the central executive committee of a political party registered in the Commission for the purpose of election shall certify the name, surname, post and specimen of signature of the office bearer who is authorized to provide a person who becomes a candidate on behalf of that party in the election under the First Past The Post Electoral System with a formal letter on the registration of nomination paper and, shall provide it to the Commission at least seven days prior to the last date for the filing of nomination papers by candidates.
(2) The Commission shall provide a photocopy of such specimen of signature to the Returning Officer in order to verify the signature of the office bearer providing the formal letter pursuant to Sub-rule (1).

8. Shall Be Set the Nomination Papers for Proportional Election:

(1) Notwithstanding anything contained elsewhere in this Rule, the closed lists of candidates submitted by the political parties to the Commission for the  election to be held under the Proportional Electoral System shall be set as
the nomination papers of candidates.
(2) While submitting a closed list to the Commission for the purpose of  nominating candidates in the election to be held under the Proportional Electoral System a political party shall mention the place of which electoral rolls contain the name of every candidate included in such closed list, and submit a certified copy of the citizenship certificate of every candidate as  well as his or her address.

9. Procedures relating to a Closed List of Candidates:

(1) After the publication of the election program pursuant to rule 4, a political party which intends to take part in the election to be held under the Proportional electoral system shall submit a closed list of candidates prepared pursuant to Section – 7 of the ordinance to the Commission within the date and time set forth in the election program.
(2) The Commission shall not register a closed list of candidates if the closed lists of candidates to be submitted to the Commission pursuant to Sub-rule
(1) has not been so prepared that candidates are filed for at least ten percent members is the total number of members to be elected under the Proportional Electoral System.
(3) After the submission to the Commission of the closed list of candidates received from a political party, the Commission shall ascertain whether the representation is made on the basis of the principle of proportional and
inclusiveness set forth in Sub-rule (3) of Section 7 of the Ordinance or not and if it is not so represented, the Commission shall notify the concerned  political party to make corrections in the closed list of the candidates on the
basis of proportional and inclusive representation and shall provide time to submit it within seven days. The Commission may publish the details of such notification for information to the general public.
(4) If the concerned political party corrects the closed list of candidates and sends it to the Commission within the time limit pursuant to Sub-rule (3), the Commission shall set such closed list as the final list. The Commission shall
publish such list for information to the general public.

(5) Others procedures and processes of the examination of closed lists of candidates shall be determined by the Election Commission. 10. Publication of List of Name list of Candidates. After expiring the specified
time for the registration of nomination papers in relating to the election under the First Post The Past Electoral System, the Returning Officer shall publish in the format as referred to in Schedule -5, a list of candidates whose
nomination papers have been registered pursuant to Rule- 6 in his or her office and send one copy thereof to the Commission.

11. Making Complain Against Candidate:

If any candidate or his election representative intends to make a complaint with regard to the qualification of
the candidate whose name is included in the list of candidates published pursuant to rule 10, the candidate or his representative may make a complaint, in the format as referred to in Schedule -6, before the Returning
Officer at the date and time specified in the election program.

12. Examination of Nomination Papers:

(1) The Returning Officer shall examine the nomination papers which registered pursuant to Rule 6, such as,
date, time and place specified in the election program.
(2) At the time of examination of the nomination papers by the Returning  Officer in pursuant to Sub-rule 1, the proposer, secondary or candidate himself or one representative authorized in writing by each nominated
candidate shall presence. Provided that, even where proposer or secondary of the candidate himself
or herself or his or her representative is not present, nothing shall be deemed to prevent the making of decisions in that respect.
(3) Where a complaint has been made against any candidate pursuant to Rule  11, the Returning Officer shall examine the nomination papers pursuant to Sub-rule (1), and also inquire into such objection and make a decision
thereon.
(4) While examining the nomination papers pursuant to Sub-rule (1), if it is found that more than one nomination paper of one person has been filed in any election constituency and such nomination papers are valid, the
Returning Officer shall only set any one nomination paper according to the will of the concerned candidates or his or her representative.

13. To Prepare Name list of Candidates:

After the examination of the nomination papers by the Returning Officer pursuant to Rule 12, a copy of
the name list of candidates whose nomination papers have met the requirements under the law shall publish in its office and send one copy to the Commission forthwith, by preparing in the format referred to the
Schedule -7.

14. Withdrawal of Name:

(1) If any candidates whose name is included in the list of the name list of candidates published pursuant to Rule 13, intends to withdraw his or her name, the candidate himself or herself or through his or her representative may give a notice on the withdrawal of name in the format as referred to in Schedule -8, to the Returning Officer at the date and time mentioned in the election program.
(2) The notice of withdrawal of name pursuant to Sub-rule (1) shall be registered in the office of Returning Officer and the notice so registered shall not be cancelled or withdrawn.
(3) If the Returning Officer is satisfied with the authenticity of the notice registered pursuant to Sub-rule (2), the name of the candidate who has withdrawn his or her name shall be removed from the list of candidates.
(4) If in relation to a candidate nominated by a political party, the office bearer authorized pursuant to Rule 7 to file the nomination of the candidate on behalf of that party sends an intimation of withdrawing the name of that candidate to the Returning Officer within the date and time set forth in the election program, such candidate shall not be remained as a candidate of the party.
(5) The Returning Officer shall publish in his or her office a notice on the removal of name pursuant to Sub-rule (3) or (4), in the format as referred to in Schedule -9.
(6) Notwithstanding anything contained anywhere in this Rule, if any candidate listed in the closed list of candidates gives an application to the Commission for the removal of his or her name from the closed list of candidates within the  date and time determinate in election program for the proportional election, the Commission shall remove the name of the candidate from the closed list of candidates and give information thereof to the concerned political party.

15. Final Name List of Candidates:

(1) After the time as specified in the election  program under the First Past The Post Electoral System for withdrawing name  of the candidate has expired, the Returning Officer prepares a final name list of  remaining candidates, in the format as referred to in Schedule -10, and publish one copy of that name list in his or her office, send one copy thereof to the Commission immediately.
(2) The final name list of candidates to be prepared pursuant to Sub-rule (1) shall be written according to the alphabetical order of candidates and in the case of candidates nominated by any political parties, the address written his or her nomination papers shall also mention the name of the concerned political party.

16. Final Publication of Closed List of Candidates:

(1) After the publication by the Commission of a closed list of candidates received by the Commission
after holding exam in pursuant to the Ordinance and this Rule, any political party or any person whose name is included in the closed list for the proportional election may, pursuant to Section 29, make a complaint to the
Commission, in the format as referred to the Schedule 11, claiming that any candidate whose name is included is such list does not possess the qualification set forth in the Constitution and Ordinance.
(2) Where a complaint making objection is received pursuant to subsection (1), the Commission shall make the necessary examination into the matter, and if any candidate does not appear to have the qualification upon such examination, the Commission shall remove the name of such candidate from the closed list of the candidates and publish the final list of the closed list of candidates. Provided that, he or she shall be given an opportunity to furnish own statement prior to removing the name of any candidate from the closed list of  the candidates.

(3) The closed list of candidates pursuant to Sub-rule (2) shall be published in the format as referred to in Schedule – 12.
(4) The Commission shall send the closed list of candidates finally published pursuant to Sub-rule (2) to the concerned political parties for their information.

17. Declaration of Elected Unopposed:

(1) Under the First Past The Post Electoral System, a candidate shall be elected unopposed in the following
conditions.
(a) If the nomination paper of only one candidate has been filed in any constituency, or
(b) If more than one nomination paper of candidates had been fielded in any constituency and, while examining the nomination papers, only one nomination paper has been found due and the other nomination papers have
not been found due or the nominated candidates have not reached the qualification, or
(c) If the name of only one candidate remains in the final name list of candidates after removing from that list the names of the candidates having withdrawn their names.
(2) The candidate shall be declared unopposed in the case as referred to in clause (a) or (b) of Sub-rule (1), after the publication of the name list of candidates pursuant to Rule 13, and in the case as referred to in clause (c) of
the Rub-rule, after the publication of the final name list of candidates pursuant to Rule 15.
(3) Where a candidate elected unopposed pursuant to Sub-rule (2), the Returning Officer shall make a declaration thereof in the format as referred to in Schedule-13 and give information thereof to the Commission immediately.

18. To give an Identity Card to the Candidate:

The Returning Officer shall give an identity card in the format as referred to in Schedule -19 to each candidate included in the final list of candidates published pursuant to Rule 15.

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