Case Details

Citation(s)
1992 SLD 776 = 1992 CLC 425
High Court (AJ&K)

Presented By:

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

  Azad Jammu and Kashmir Local Government (Election) Rules, 1983- Interpretation of statutes- Azad Jammu and Kashmir Local Government (Election) Rules, 1983 R. 16(3)- Azad Jammu and Kashmir Local Government (Election) Rules, 1983 - R. 16(3)-Azad Jammu and Kashm r Interim Constitution Act (VIII of 1974), S. 44-- "Qualification of candidates.-A person who' is not less than twenty five years of age on the first day of January preceding the election shall be qualified to be elected as a member of local council if his name appears for the time being on the electoral roll for the local council concerned, and he does not suffer from a disqualifica tion mentioned in part I" "Nomination for election.-(1) Any voter of a ward may propose or second the name of any duly qualified person to be a member for that ward." "(3) The Returning Officer may, either of his own motion or upon any objection, conduct such summary enquiry as he may think fit and reject a nomination paper if he is satisfied that the candidate is not qualified to be elected as a member ;   the proposer or the seconder is not qualified to subscribe to the nomination paper ; any provision of rule 13 or rule 14 has not been complied with ; the signature of the proposer or the seconder is not genuine. Provided that :- the rejection of a nomination paper shall not invalidate the nomination of a candidate by any other valid nomination paper ; the Returning Officer shall not reject a nomination paper on the ground of defect which is not of a substantial nature and may allow any such defect to be remedied forthwith, such as error in regard to the name, serial number in the electoral roll or other particulars of the candidate, his proposer or seconder ; and the Returning Officer shall not enquire into the correctness or validity of any entry in the electoral roll and shall not reject a nomination paper on the basis of any entry in the electoral roll which contains an obvious error or defect." "Appeal against rejection of nomination papers.-(1) A candidate whose nomination .caper has…
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