Proposer in Election Nomination plays a crucial role, requiring a registered elector to endorse a candidate’s nomination in the relevant Assembly or parliamentary constituency.
What is the law for nomination?
- Section 33 of the Representation of the People Act, 1951 (RP Act) contains the requirements for a valid nomination.
- As per the RP Act, an elector above 25 years of age can contest Lok Sabha election from any constituency in India.
Proposer Requirements:
- To participate in the election, a candidate must have a proposer who is a registered elector of the relevant Assembly or parliamentary constituency.
- The proposer(s) of the candidate should however be elector(s) from that respective constituency where the nomination of candidate is being filed.
- In case of a recognised party (national or State), the candidate needs to have one proposer.
- Candidates set up by unrecognised parties and independents need to be subscribed by ten proposers.
Nomination Papers:
- According to EC regulations, both the proposer and the candidate must sign the nomination papers for them to be considered valid.
- A candidate can file up to four nominationpapers with different set of proposers.
- This is to enable the acceptance of nomination of a candidate even if one set of nomination paper is in order.
What is role of the proposer?
- A proposer is required to sign the designated section of a nomination paper.
- They have the option to sign multiple nomination forms for the same candidate or different candidates.
- The candidate and the proposer are mandated to be physically present while nomination papers are submitted to the Returning Officer (RO).
- The RO has to be satisfied that the name and electoral roll number of the candidate as well as the proposer match with EC records.
Section 36 of the RP Act:
- Section 36 of the RP Act sets out the law with respect to the scrutiny of nomination papers by the Returning Officer (RO).
- It provides that the RO shall not reject any nomination for a defect that is not of a substantial character.
- The RO can reject a nomination form if the papers are not submitted on time or are submitted by anyone other than the candidate or the proposer.
- A nomination can also be rejected if the RO deems the signatures on the papers are not genuine or if the affidavit is incomplete.
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