As the day of nomination i.e.
30th March, 2011 comes near, we should be gearing up with all the requisite preparations for the same. I hope that all of you have already made necessary preparations so that the Cell officers and staff members have no problem while transacting works. I also hope that a coordination meeting with all political parties and concerned officers/staff members has already taken place at your level and all the necessary arrangements have been tied up. Still, we thought to send the following do’s and don’ts for your convenience:
NOMINATION, SCRUTINY, WITHDRAWAL AND ALLOTMENT SYMBOLS
NOMINATION CELL - REQUIREMENT
|Documents to be submitted by the candidates at the time of filing nomination paper||Documents to be handed over to the candidates at the time of filing nomination paper||Logistics||Other Forms required for Nomination Cell|
|1) Form -2B (English & Bengali) i.e. nomination paper in the prescribed format is to be received.|
2) Collect Form – 26 (Affidavit) (Annex-IX-C as per chapter-V para 7.2 of RO’s HB)
3)Collect receipt for deposition of nomination fee of Rs10000/Rs5000 as applicable
4)Form A & B to be collected from candidate
5) Collect Affidavit on Assets from Candidate in Annexture-I (NEW FORMAT as per ECI NO.3/ER/2011/SDR dt.25.2.2011)
6) Form of Oath or affirmation both English & Bengali in Annex-XII(For Legislature of a State as per chapter-V
para-20.2 of RO’s HB) to be affirmed by the Candidate
7) Specimen signature to be collected in Form (Annexure-XXI chapter VII of RO’s HB) the Candidate and his Election agent
8) Collect correct spelling of name of the Candidate which will appear in the ballot paper and Form-7A
9) If the Candidate is from other Assembly constituency, collect certified copy of Electoral Roll (Part from which he/she belongs). (If not supplied with Nomination)
10) Collect Form-8 duly filled by the candidate for appointment of Election Agent
11) Collect two copies of colour passport size photographs of candidate and his election agent for processing their ID Cards.
12) SC/ST Certificate from competent authority in case of a reserved AC and for claiming relaxation in nomination fee.
13) Information sheet on address and contact number of candidate and election agent.
|1) Acknowledge receipt of nomination paper in Form-2B specifying date, time & venue of scrutiny and issue |
Notice specifying date, time and venue for allotment of symbol.
2) In case of non-submission of Form-26, issue check memo/notice(Annex-11 of RO’ HB) for submission of the same by 3.00 PM of 06/04/2011.
3) Without submission of receipt of requisite nomination fee( DCR /Challan), no nomination shall be received by RO/ARO
4)Issue notice /Check memo for submission of Form-A&B by of
5) In case of non-submission of Annex-I at the time of filing of nomination paper, Issue notice /Check memo for submission of the same by of
6)In case of non-affirmation of oath at the time of filing of nomination paper, Issue notice vide page no 53 of RO’s HB for taking oath or
affirmation by of
7) Issue check memo for submission of the same by
8) Issue check memo for submission of the same by
9) Notice as per page 47 of R.O hand book,2011), if certified copy of the ER of the relevant part is not submitted at the filing of nomination paper.
10)Issue check memo for submission of the same by
11)Issue check memo for submission of the same by
12) Issue check memo/ notice for submission of the same before the hours fixed for scrutiny on 07/04/11wherever applicable & if not submitted
13)Issue check memo for submission of the same by
14) Model code of conduct to political party
(AnnexXXIX vide Page 376 to 379 of R.O. hand book)
15) Register for maintenance of day-to-day accounts of expenditure (As per new format A,B,C& Abstract Statement in Part- I to VI
16) In case of non-submission, issue notice/check memo for submission of the same by
17) Copy of the Order on printing press against receipt. (Annexure-XIX)(XVIII(ECI NO.3/9/ES008/94-JS-IIdt02.09.94)
18) Penal provision Annx-XX (chapter VII para-9) ;
19) Notification of rates for assessment of expenditure by the DM &DEO, Birbhum
20) Check memo duly filled in and signed by the RO and the Candidate on proper receipt.
|1)Plastic folder file - 20.|
3)DCR book with a team of dedicated staff for collection of nomination fee
4)Computer – 1
9)Seal of RO & ARO
10)Stapler with pin
12) A Wall Clock
Team with Video Camera
19) Sealing materials
20)RO’s metal seal
2)(Annex-XI) chapter –V para 19.1
4)Format for Consolidated List of nominated candidates ( as per page 57 of RO’s HB)
11)Notice to defaulying candidates(Page 53 of R.O hand
12)List of reserved and free symbol vide no. 1077 dt.
13)Register for keeping day to day records of nomination papers filed
14)Register for maintenance of day to day accounts of election expenditure by the candidates
15)Format for correct spelling & style of name of the candidate to be printed in the ballot paper & form-7A
16) Current Photo Electoral Roll
17)All other forms as mentioned in column 1&2
NOMINATION, SCRUTINY, WITHDRAWAL AND ALLOTMENT SYMBOLS
Period of Nomination
30.03.2011 to 06.04.2011, Time (Except on Sunday and N.I. Act Holidays).
Who can be a Member of the Legislative Assembly?
Any person can file a maximum of 4 (four) nomination papers who is –
A citizen of
Whose name has been included in any part of electoral roll pertaining to any constituency of the state of
Who is not below 25 years of age as on 07.04.2011 (as on the date of scrutiny of nomination i.e on07.04.2011)
Not having a contract with Government.
Not disqualified u/s 8,8A,9,9A,10,10A of the R.P.Act.
Candidates belonging to SC/ST can contest from any seat but for reserved constituencies, only SC/St candidates having the reqd. certificate from the competent Authority of anywhere of
Who can file nomination?
Candidate personally, or by his Proposer, or by any one of his Proposers.
How many persons are allowed during nomination?
Candidate, his Proposer or Proposers and four other persons as per ECI instructions issued.(Not more than 4 other than the candidate)
Who can be the proposer?
Any voter of that Constituency.
Number of Proposers
One: if the Candidate is set up by recognized National or State Party.
Ten: if the Candidate has been set up by the registered, unrecognized political party or if he is an independent Candidate. If a state party recognized in other State but not recognized in this state will also be required TEN proposers
Rs.10,000/- for general Candidates.
Rs.5,000/- for SC/ ST Candidates.
[one deposit for each constituency, separate deposit for different constituency]
Forms/papers to be handed over to an intending Candidate
ü Nomination Form (2B) in English and Bengali – maximum 4 (four) forms.
ü Copy of Form 26 (Affidavit Form) (Page 237/289 of RO’s Hand book
ü Copy of Annexure-I Affidavit Form (NEW FORMAT)
ü Form 8 & 9 (Bengali & English ) one copy each (Form 5 is not required if any Candidate wishes to withdraw his/her candidature, he/she will collect the same from RO/ARO)
ü Form of Oath (Bengali & English) one copy each.
ü An improvised format to mention how his/her name will be printed on the Ballot paper.
ü Format for correct spelling of name in Bengali and English of the candidate.
ü Format for particulars such as name, address and contact no of candidate & election agent.
ü Format for taking specimen signature of candidate & election agent.
ü Checklist containing the
Received the above mentioned papers from RO/ARO _________ A.C.
Name of the Signature of Candidate Name of the Party
Steps to be taken during receiving of Nomination paper -
Ø Sl. No. of the nomination paper, date & time to be written on the body of the nomination paper by RO/ARO and to be signed by him.
Ø To check the DCR for deposition of requisite nomination fee,
Ø To compare the Sl. No., part no. and name of the Candidate and proposer(s) with the electoral rolls).
Ø To check that age has been specified by the Candidate.
Ø To check whether the Candidate has mentioned his party in case of a National, State or Registered Unrecognized Party Candidate.
Ø To check whether the Candidate and the proposer(s) have signed.
Ø To take the LTI of the Candidate and/or the proposer(s) in presence and attest the LTI (s) on being satisfied with the identity, if he can not sign.
Ø To fill up the nomination register with detailed address and phone no. (if any) of the Candidate along with other details.
Ø Take Oath or Affirmation of the Candidate in prescribed proforma and take signature in presence on the proforma.
To check whether the following documents have been submitted
Documents to be handed over to the Candidate after filing of Nomination
§ Receipt of Nomination paper (last part) specifying VENUE, date & time for scrutiny.
§ Notice specifying VENUE, date & time for allotment of symbol.
§ Letter for maintenance of accounts (Annex-XVIIA)
§ ECI letter for maintenance of accounts (Annex.XVIIB)
§ Expenditure Register against proper receipt Part-A, B & C(NEW)
§ Abstract Statement of Election Expenses in Part- I to VI (NEW) with the attached affidavit against proper receipt.
§ Certificate of Oath or Affirmation if made so (page-303 of RO’s Hand Book).
§ ECI letter No.3R/ ER /2005/JS-II, Dt.27.3.2003 and 3R/ER/2005/JS-II, Dt.17.3.2006 on filing of Affidavits.(NEW FORMAT vide No 3/ER/2011/SDR dt
§ Notice pointing out the requirement of filing Affidavit in Form 26 within ------06.04.2011 up to 3.00 p.m against receipt, if not submitted already.
§ Notice pointing out the requirement of filing Affidavit of assets within ------06.04.2011 upto against receipt, if not submitted already (page-53 of RO’s Hand Book).
§ Notice pointing out the requirement of filing Oath within …06.04.2011…………against receipt, if not made already (Page 53 of RO’s Hand Book).
§ Notice asking the certified copy of the electoral roll of the concerned part against receipt, if the Candidate is not a voter of that constituency, if not submitted already.
§ Copy of the order on Printing Presses against receipt (annex-XVIII)
§ Notice to contesting Candidates regarding penal provision of Election Law’s (annex-XX).
§ Form for appointment of Election agent-Form-8
§ Form for revocation of Election agent – Form-9
§ Model Code of Conduct
§ Copy of ECI D.O. No.464/INST/2006/PLN-1/318, dt.17.3.2006)
§ Copy of ECI D.O. No.464/INST/2006/PLN-1/319, dt.17.3.2006
§ Copy of ECI D.O. No.464/INST/2006/PLN-1/326, Dt.17.3.2006.
Steps to be taken just after each day’s Nomination
v Display on notice board a notice in form-3A after every day and send a copy to the DEO (retaining a copy in file). If more than one nomination paper is submitted, all the nominations must be specified.
v Display copies of nomination papers in the notice board of the RO
v Display all the copies of affidavits submitted.
v If any counter affidavit is submitted, it should also be displayed in the RO’s notice board.
v Send daily nomination reports along with copies of the affidavits to DM & DEO.
v Send desired reports to ECI along with scanned copies of affidavits through e-mail and upload the same on the district website. Scanned affidavits to be sent through e-mail within 24hrs of last date of withdrawal of candidature for contesting candidates.
v To prepare consolidated list of nominated Candidate: after on …06.04.2011………..as per proforma in page 58………of RO’s Hand Book.
N.B. Consolidated list of nominated Candidates are to be arranged as follows :
Ø Candidates of recognized national or state parties in the state of
Ø Candidates of registered unrecognized political parties.
Ø Other Candidates (Independent Candidates).
Ø Such names in each category are to be arranged alphabetically in Bengali. The Sl. No. of three categories shall be given consecutively and not separately for each category.
v Keep all the documents in a sealed trunk in safe-custody.
VII. Grounds for rejection:
· The Candidate is not qualified.
· The Candidate is disqualified under section 8A, 11A (b) and 10 A of ROPA 1951 (List to be supplied by ECI).
· Either of the two prescribed affidavits have not been submitted within _06.04.2011_ 2011 upto
· Not signed by the Candidate/proposer.
· Proposer is not an elector of that constituency.
· Proper deposit has not been made.
· Oath or affirmation has not been made.
· Certified copy of the electoral roll of the concerned part has not been submitted, if the Candidate is not a voter of that constituency.
· Form A and B (bearing original signature in ink) has not been submitted for a Candidate of recognized political parties (if only one proposer has signed). Facsimile signature or FAX copies are not acceptable.
§ Notice of withdrawal in Form-5 must be submitted by –
Ø The Candidate or
Ø By the duly authorized proposer or
Ø By the duly authorized election agent.
§ Notice of withdrawal in Form-5 can be delivered after scrutiny upto on _09.04.2011.
§ Excepting the last day of withdrawal, Form-5 can be submitted within office hours on the days except holidays.
§ A receipt of Form-5 submission is to be given.
§ Immediately after receiving a notice of withdrawal in Form-5, a notice in Form-6 is to be displayed on notice board and an intimation to be sent to DM & DEO.
Forms to be prepared:
v Notice of nomination after on each day of nomination
v Consolidated list of nominated Candidate after3.00 p.m. on _06.04.2011_______ as per proforma in page 58 of RO’s Hand Book.
v List of validly nominated Candidates in Form 4 – immediately after scrutiny.
v List of contesting Candidates in form 7A, after on 09.04.2011.
N.B. List of validly nominated candidate in Form-4 & list of contesting Candidates in Form-7A are to be arranged as follows:
o Candidates of recognized National or State Parties
o Candidates of registered unrecognized political parties.
o Other Candidates (independent Candidates).
Such names in each category are to be arranged alphabetically in Bengali. The Sl. No. of three categories shall be given consecutively and not separately for such category. First letter of any name, irrespective of whether the name given 1st is the proper name or the surname. The initial, if any prefixed to the name, should be ignored for the purpose of arranging.
Steps to be taken after withdrawal:
ü To prepare the list of contesting Candidates
ü To display in notice board a copy of form 7A
ü To send copy of form 7A to DM & DEO and ECI as per direction (in Bengali & English).
ü To issue notice to the Candidates inviting attention to Law relating to Corrupt Practices & Electoral Offences (Annex XX)
ü To collect specimen signatures of the Candidates / Election Agents in Annexure XXI.
ü To collect photographs of Candidates & election agents and issue IDENTITY cards as per provisions given in page no. 54 of RO’s Hand Book.
Allotment of Symbol
ü Allot symbol reserved for the party, in case of a recognized political parties, to the party Candidate (even if a Candidate choose another symbol by mistake, it is to be ignored).
ü Allot the chosen symbol, out of the free symbols, to the unrecognized registered party Candidate (if ECI has not allotted any symbol to that party).
ü If two Candidates of unrecognized registered parties have chosen the same free symbol, and neither of them is a seating member, allot by lot (a seating member will get preference).
ü If two independent Candidates have chosen the same free symbol, and neither of them is a seating members, allot by lot (a seating member will get preference).
ü Rest Candidates will be allotted the symbol chosen by them.
NB. 1. For an independent Candidate, the choice given in the 1st nomination paper
is thereby considered.
2. Where a Candidate had not made a declaration in any of the nomination paper
that he is the Candidate of a particular political party, he shall not be deemed
to have been set up by that particular political party.
Acknowledgement from the candidate regarding Documents handed over to him after filing of Nomination
- up to 3. 00 p.m.
Received the above mentioned papers from RO/ARO………………………….A.C
Name of the Person
Receiving Signature Candidate Name of the Party
Besides, please ensure that only four persons other than the candidate enter the RO’s chamber and no more than three vehicles per candidate come within the 100 metre radius of the RO/ARO office. Hope the information shall prove useful to all concerned.
With best wishes,
Dr. Saumitra Mohan, IAS.