Section 5E of PVEA, 1952 : Section 5E: Scrutiny Of Nominations

Explanation using Example

Example: Imagine a situation where a renowned professor, Dr. Kavita, decides to run for the position of Vice-President. Her nomination papers are filed with the required number of proposers and seconders. On the date set for scrutiny, Dr. Kavita, her proposer, her seconder, and her authorized representative arrive at the venue. The Returning Officer begins the process of examining all valid nominations.

An objection is raised against one of Dr. Kavita's proposers, alleging that the proposer is not a qualified elector. The Returning Officer conducts a summary inquiry and finds that the proposer's name is, in fact, not on the electoral roll. Based on Section 5E(3)(b) of The Presidential and Vice-Presidential Elections Act, 1952, the Returning Officer rejects the nomination paper on the grounds that the proposer is not qualified.

However, Dr. Kavita had submitted another set of nomination papers with different proposers and seconders. Since there are no irregularities with this second set, and as per Section 5E(4), the Returning Officer accepts this set of nomination papers, allowing Dr. Kavita to continue her candidacy for Vice-President.