Context:
• Nominations can be rejected on technicalities without hearing.
• Stage of nomination scrutiny (Sec. 33–36, RP Act 1951) is where the least democratic exclusion happens — before first vote is cast.
• Article 329(b) bars judicial intervention mid-election → remedy only via election petition after polling.
Key Highlights:
- Current Legal Architecture
• Section 36(2) RP Act → RO can reject nomination for “defects of substantial character”.
• BUT → “substantial defect” not defined in law → extreme discretion with RO.
• Checklist in RO Handbook has no legal force → candidate cannot rely on it. - Weaponisation of Procedure
Examples:
• RJD candidate Bihar – left blank fields → rejected.
• Surat – proposers deny signatures → Opposition eliminated → seat uncontested.
• Varanasi 2019 – Tej Bahadur Yadav rejected due to overnight certificate requirement.
• Birbhum – no-dues certificate delay → candidature blocked.
→ No consolidated public data on grounds of rejection → opacity shields abuse. - Judicial Paradox
• SC in Resurgence India (2013): lies don’t invalidate nomination, incomplete affidavits do → punishes honest error > dishonest compliance. - Common Procedural Traps
• Oath timing trap (too early / too late / wrong authority)
• Notarisation trap for Form 26
• No-dues certificates from utilities / municipality / govt dept → each = veto point
Relevant Prelims Points:
• Sec 33–36 RP Act 1951 govern nomination.
• Art 329(b) → courts cannot intervene mid-election.
• RO = Returning Officer.
• Defects of “substantial character” undefined in statute.
Relevant Mains Points:
Problem = filtration model. Solution = facilitation model.
• Comparative democracies: UK, Canada (48 hrs correct), Germany (notice + remedy), Australia (early filing encouraged).
• Way Forward:
– Written defect notice + 48-hour cure period mandatory
– Categorise defects:
(1) technical/paperwork → cannot justify rejection
(2) authenticity disputes → investigate before rejection
(3) constitutional bars → immediate rejection
– Reasoned rejection orders citing clause + evidence
– Digital-by-default nomination portal → auto-validate ID, constituency, age; timestamps public dashboard