Is Notice of Mistake in Nomination Paper Mandatory?

Fernando is uncertain whether he found it on the notice board or in the Hall. I am not prepared to hold, as Counsel for the first respondent asked me to do, that the affidavits of Mr. Pulle and Mr. ... Fernando the ambiguities of which he explained to me in person, C was found either on the notice board or "among the papers in the Hall". The explanation of the first respondent's ability to produce the original nomination paper "D" is even more baffling. ... In his petition, which was verified by ....

2024 0 Supreme(Pat) 737

acceptance of nomination paper. ... The non-disclosure of assets, liabilities, education qualification and other required mandatory information is/are apparent from a bare perusal of her nomination paper and thus was in complete violation of section 125A of ‘the Act’. ... Learned Senior Counsel has further rightly pointed out that the petitioner has purposely avoided the question in the entire writ petition as to whether her nomination paper was in o....

The notice specified that the nomination period commenced on 18th December 2017 and ended on 21st December 2017. ... As set out in the aforesaid notice dated 27th November 2017, the 1st respondent was obliged to accept Nomination Papers submitted to him up to 12 noon on 21st December 2017. ... In examining the significance of the mandatory provision in Section 28(5) that the Secretary of the recognised political party or the group leader, shall sign each nomination pa....

2025 Supreme(Online)(Chh) 10649

The Returning Officer pointed out certain defects in the nomination paper, which were required to be cured before scrutiny of the nomination paper and in this regard, a notice was issued to the election petitioner on 30.10.2023 at 05:15 pm. ... The Returning Officer pointed out certain defects in the nomination paper and a notice was issued to the petitioner on 30.10.2023 at 05:15 PM to rectify those defects. ... and affix it to his notice#....

2024 0 Supreme(Chh) 516

The Returning Officer pointed out certain defects in the nomination paper, which were required to be cured before scrutiny of the nomination paper and in this regard, a notice was issued to the election petitioner on 30.10.2023 at 05:15 pm. ... The Returning Officer pointed out certain defects in the nomination paper and a notice was issued to the petitioner on 30.10.2023 at 05:15 PM to rectify those defects. ... Nomination #HL_STAR....

Such language as we find in rule 9-" if there is no valid nomination paper at all for a division, the Governor may nominate a councillor for such division-clearly implies a power to consider whether a nomination paper is valid or not, on any ground other than that of personal disqualification, for ... Turner5: "No universal rule can be laid down for the construction of statutes, as to whether mandatory enactments shall be considered directory only or obligatory, ....

2025 0 Supreme(Bom) 530

, challenging rejection of a nomination paper, it is mandatory to implead all validly nominated candidates as necessary parties to the appeal?” ... Despite this, the Appellate Authority, relying on overruled judgment and ignoring original newspaper containing notice under rule 8(6) of rules, proceeded to accept the nomination paper. ... The next issue which arises for consideration is as to whether, in an appeal preferred under Section 152-A of the Maharashtra Co-ope....

2025 0 Supreme(Bom) 1383

{3} Whether the nomination forms are rightly rejected by the appellate court ? ... is authorised by the party to send such notice. ... Rule 13 of the Election Symbol Order was also noted by the Hon’ble Supreme Court, that a candidate shall be deemed to be set up by a political party if and only if a candidate has made a declaration to that effect in his nomination paper, a notice in writing to that effect has not later than 3.00 p.m ... Thus, the Supreme Court had also noted that, whe....

2025 Supreme(Online)(Kar) 34833

Where the defect in a nomination paper does not affect a substantial requirement of the law and is capable of being corrected, the Returning Officer must provide an opportunity to cure the defect, in my considered opinion, election laws, while mandatory in essential aspects, ought not to be applied in ... On the nomination day no one could know whether the persons nominated will at the poll be effective candidates or not. ... The short question which arises in this appeal is whether i....

2025 Supreme(Online)(Pat) 1702

Upon careful consideration of the submissions made by both the parties, the following legal issue arises for consideration in the present case:- “Whether the petitioner presented his nomination paper on 10.01.2025 prior to 03:00 PM? ... If yes, then whether the refusal to accept or non-acceptance of the nomination paper of the petitioner by the Block Development Officer- cum-Election Officer, Nawanagar will qualify as “exceptional circumstance” for maintaining this writ challenging th....

2023 0 Supreme(Ker) 141

"It depends on the facts and circumstances of each case to find as to what mistake in a nomination paper can be considered a mistake of substantial nature. A Division Bench of this Court in Anthrayose v. Senior Inspector of Co-op.

2012 0 Supreme(Mad) 2402

In the circumstances mentioned above, we have no hesitation at all in holding that the Returning Officer was perfectly justified in rejecting the nomination paper of Ramprakash. He should also give an opportunity to the candidate or his representative present at the time of scrutiny to remove the defect. It depends on the facts and circumstances of each case to find as to what mistake in a nomination paper can be considered a mistake of substantial nature. It is correct that the Returning Officer should not reject a nomination paper merely on a mistake of technical or forma....

2008 0 Supreme(All) 2095

Observations to the same effect were also made by the Supreme Court in Mathura Prasad v. Ajeem Khan, AIR 1990 SC 2274, and are as follows : “..............It depends on the facts and circumstances of each case to find as to what mistake in a nomination paper can be considered a mistake of substantial nature. It is correct that the Returning Officer should not reject a nomination paper merely on a mistake of technical or formal nature, where the identity of the candidate can be ascertained by him on the material made available to him. He should also give an opportunity to th....

2007 0 Supreme(Mad) 2287

“It depends on the facts and circumstances of each case to find as to what mistake in a nomination paper can be considered a mistake of substantial nature. It is correct that the Returning Officer should not reject a nomination paper merely on a mistake of technical or formal nature, where the identity of the candidate can be ascertained by him on the material made available to him. He should also give an opportunity to the candidate or his representative present at the time of scrutiny to remove the defect.

2000 0 Supreme(Pat) 644

The Supreme Court held that omission was not of a substantial character as to entail rejection of the nomination form. 19. Sub-section (4) of S. 33 clearly provides that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper with respect to such person or place in a....