Thoughts on economics and liberty

Steps for political party to nominate candidate for legislative assembly elections in India

Finally, SBP will contest a seat – in Telangana this December. We now have to work out how to nominate so the nomination is accepted.

Forms are listed here. ECI has provided a powerpoint presentation here. Returning Officer’s Handbook 2014 here (on my server).

STEPS FOR PARTY

  1. The President to complete SUFFICIENT COPIES OF Form A to authorise the Secretary to nominate candidates (I’ve made a Word version here). Send ONE copy by courier to the Chief Electoral Officer of the relevant State (OR send to the candidate/s to hand deliver to the CEO) + ONE copy EACH for the relevant candidate for each constituency. The candidate would then attach that copy along with his various forms (detailed below).
  2. The Secretary to then sign Form B FOR EACH CANDIDATE. I’ve created a Word version of the form, here. The form needs to be provided ONLY to the relevant Returning Officer, NOT to the CEO.

STEPS FOR CANDIDATE

The following forms must be PERSONALLY lodged by the candidate to the nominated RO/ARO between 11 AM and 3 PM during the period for filing. Form CANNOT be filed on a public holiday. NOTE THE DATES AND TIME, AND VENUE AND PLAN CAREFULLY ACCORDINGLY. LEAVE SUFFICIENT MARGIN FOR TRAFFIC DELAYS AND DELAYS AT THE RO OFFICE.

  1. Candidate must fill Form 2B for Assembly (Form 2A for Lok Sabha).

The candidate must fill Part II and Part III and Part IIIA.

IMPORTANT: Part I is ONLY for recognised parties. SBP is NOT a recognised, only registered party), therefore it must be crossed out. Candidate must fill in Part II for which he/she needs 10 proposers (MANDATORILY) FROM THE CONSTITUENCY FROM WHICH ELECTION IS BEING SOUGHT. If any illiterate proposer then that person must be personally present at the time of nomination and sign in the presence of the RO. Ideally one must aim for literate nominations and get the form signed in advance. The returning officer will provide receipt in Part VI.

2. If the candidate is enrolled as voter in a different constituency to the one he/she is contesting from, he/she will need to provide certified extract of relevant entries in the relevant roll.

3. If contesting a reserved seat, then the candidate must provide a declaration specifying the caste/tribe to which he/she belongs. Such caste/tribe should be included in the list of SC/ST in that State [Sec.33 (2)] . It is desirable to obtain certificate to prove SC/ST status. Certificate should be of a reasonably recent date.

4. Candidate will need to file an affidavit (Form 26). Affidavit to be sworn before notary public/oath commissioner/magistrate of the first class. Affidavit to be typed or written legibly and no columns to be left blank.

Note that (8)(ii) of this new affidavit incorporates the previous Additional Affidavit (see appendix to this order). That section is for candidates who “had been in occupation of any Govt. accommodation during the last 10 years”, in which case the candidate will ALSO need to attach “No Demand Certificate” from EACH of the agencies for providing electricity, water and telephone with also rent.

“at every election to either House of Parliament and to the State Legislature, every candidate at the time of filing nomination paper, shall also file an additional affidavit in the format attached as Annexure to this order alongwith the ‘No Demand Certificate’ from the agencies for providing electricity, water and telephone with also rent, in case he had been in occupation of any Govt. accommodation during the last 10 years. This affidavit would be in addition to the affidavit required to be filed in Form-26, and shall be got attested by an Oath Commissioner, or Notary Public, or Magistrate of the First Class.”

5. Security deposit (Rs.10,000 for Assembly and Rs.25,000 for Lok Sabha). This has to be made either in cash before the RO/ARO or in RBI/ Treasury. No deposit is acceptable by cheque or Bank draft. SUGGEST TAKE CASH. [A defeated candidate who fails to secure more than one sixth of the valid votes polled in the constituency will lose his security deposit.]

6. Form A and B from SBP (as per info above). MAKE SURE THAT ONE COPY OF FORM A IS DELIVERED TO THE CHIEF ELECTORAL OFFICER OF THE RELEVANT STATE.

7. Oath has to be taken after filing nomination paper and before the date fixed for scrutiny.

 

 

 

Sanjeev Sabhlok

View more posts from this author