Nomination Process
nomination-process
# Nomination Process
## 1. Introduction
Nomination is the formal process through which a person who wishes to contest an election submits their candidature before the Returning Officer.
It is the stage that converts:
**Potential Candidate → Formal Candidate in the Election Process**
The nomination process for Parliamentary and State Legislative elections is primarily governed by:
- Representation of the People Act, 1951
- Conduct of Elections Rules, 1961
- Election Commission of India instructions
### Core Sequence
Election Notification
↓
Nomination
↓
Scrutiny
↓
Withdrawal
↓
Final List of Contesting Candidates
---
# 2. Constitutional Basis
The Election Commission derives its overall authority over elections from:
**Article 324**
The detailed nomination procedure is primarily provided by the:
**Representation of the People Act, 1951**
Important provisions are:
- Section 30 → Appointment of dates
- Section 31 → Public notice of election
- Section 32 → Nomination of candidates
- Section 33 → Presentation of nomination paper and requirements
- Section 33A → Right to information
- Section 34 → Security deposit
- Section 35 → Notice of nominations and scrutiny
- Section 36 → Scrutiny
- Section 37 → Withdrawal
- Section 38 → Final list of contesting candidates
---
# 3. Election Notification
The nomination process begins after the election schedule is announced and the formal:
**Public Notice of Election**
is issued.
The Returning Officer publishes the notice specifying:
- Constituency
- Date of notification
- Last date for nominations
- Date of scrutiny
- Last date for withdrawal
- Polling date
- Other prescribed details
---
# 4. Returning Officer
The:
**Returning Officer (RO)**
is the key authority responsible for the constituency-level nomination process.
Major responsibilities include:
- Receiving nomination papers
- Examining nomination papers
- Conducting scrutiny
- Deciding objections
- Accepting or rejecting nominations
- Recording withdrawals
- Preparing the final list of contesting candidates
- Allotting election symbols according to applicable rules
### Important
The RO is not the same as the Election Commission.
**ECI → Overall election supervision**
**RO → Constituency-level election administration**
---
# 5. Who Can File a Nomination?
A person who satisfies the applicable:
- Constitutional qualifications
- Statutory qualifications
- Elector requirements
- Other legal conditions
may submit a nomination.
### Important
Being eligible to contest does not automatically make a person a candidate.
The person must complete the:
**Nomination Process**
---
# 6. Nomination Paper
A candidate must submit the prescribed:
**Nomination Paper**
to the Returning Officer.
Different elections have prescribed nomination forms.
Examples include:
- Form 2A → Lok Sabha
- Form 2B → Legislative Assembly
- Form 2C → Rajya Sabha
- Form 2D → Legislative Council through MLAs
- Form 2E → Local Authorities, Graduates and Teachers constituencies
---
# 7. Who Can Present the Nomination Paper?
The nomination paper may be presented by:
- The candidate personally, or
- Any of the candidate's proposers
It must be presented to:
**Returning Officer**
or:
**Authorised Assistant Returning Officer**
in the prescribed manner.
### Important
It cannot simply be sent by:
- Post
- Fax
- Email
- Other electronic communication
---
# 8. Time for Filing Nomination
Nomination papers must be presented within the period specified in the election notification.
Under the ordinary statutory framework, nomination papers are presented during the prescribed hours, generally:
**11:00 AM to 3:00 PM**
on the specified nomination days.
### UPSC Trap
**A nomination can be filed at any time before the last day.**
❌ Incorrect
It must be presented:
**Within the prescribed dates and hours.**
---
# 9. Place of Filing
The nomination paper must be delivered at the:
**Place specified in the election notification**
to the:
**Returning Officer / Authorised Assistant Returning Officer**
### Important
Sending the nomination paper to an unrelated government office does not constitute valid presentation.
---
# 10. Proposer
A:
**Proposer**
is an elector who subscribes the nomination paper of a candidate.
The number of proposers depends on:
- Type of election
- Candidate's political-party status
- Applicable statutory provisions
---
# 11. Lok Sabha and Assembly — Recognised Party
For a candidate set up by a:
**Recognised National or State Party**
the nomination generally requires:
**One elector of the constituency as proposer.**
### Memory
**Recognised Party → 1 Proposer**
---
# 12. Independent / Unrecognised Party Candidate
For an:
- Independent candidate, or
- Candidate of an unrecognised political party
the nomination generally requires:
**Ten electors of the constituency as proposers**
for Lok Sabha/Legislative Assembly elections.
### Memory
**Independent / Unrecognised → 10 Proposers**
---
# 13. Rajya Sabha Proposers
Rajya Sabha nominations have a different proposer requirement.
For a candidate set up by a recognised political party, the nomination must be subscribed by at least:
**10% of the elected members of the concerned Legislative Assembly**
or:
**10 elected members**
whichever is less.
For other candidates:
**10 elected members of the concerned Legislative Assembly**
are required as proposers.
### Important
Do not apply the Lok Sabha/Assembly:
**1 or 10 proposer rule**
directly to Rajya Sabha elections.
---
# 14. Legislative Council Proposers
For elections to State Legislative Councils, the proposer requirement depends on:
- Type of Council constituency
- Applicable statutory provision
Different rules apply to:
- Members of Legislative Assembly constituency
- Local Authorities constituency
- Graduates constituency
- Teachers constituency
---
# 15. Candidate's Signature
The nomination paper must be:
**Signed by the candidate**
and:
**Subscribed by the required proposer(s)**
as prescribed by law.
### UPSC Trap
**Only the proposers need to sign the nomination paper.**
❌ Incorrect
The candidate's signature is also required.
---
# 16. Security Deposit
A candidate must make the prescribed:
**Security Deposit**
at the time of nomination.
The amount varies according to:
- Type of election
- Candidate category
### Lok Sabha
General candidate:
**₹25,000**
SC/ST candidate:
**₹12,500**
### Legislative Assembly / Legislative Council
General candidate:
**₹10,000**
SC/ST candidate:
**₹5,000**
### Rajya Sabha
General candidate:
**₹10,000**
SC/ST candidate:
**₹5,000**
---
# 17. Purpose of Security Deposit
The security deposit is intended partly to discourage:
**Frivolous Candidatures**
It is not an election fee that automatically becomes government revenue.
The deposit may be:
**Returned**
or:
**Forfeited**
depending on the election result and statutory conditions.
---
# 18. Forfeiture of Deposit
A defeated candidate may lose the security deposit if they fail to secure:
**More than one-sixth of the valid votes polled**
subject to the statutory rules and exceptions.
### Memory
**1/6 → Deposit Forfeiture Threshold**
### Important
This concerns:
**Security Deposit**
and should not be confused with:
**Candidate Disqualification**
---
# 19. Multiple Nomination Papers
A candidate may file multiple nomination papers for the same constituency.
However, the law permits a maximum of:
**Four nomination papers**
for the same constituency.
### Important
Multiple nomination papers do not mean:
**Multiple candidatures**
for the same constituency.
They provide additional protection against defects in an individual nomination paper.
---
# 20. Multiple Constituencies
A person cannot contest from an unlimited number of constituencies.
Under Section 33(7) of RPA 1951, a person cannot contest from more than:
**Two constituencies**
in a Lok Sabha or Legislative Assembly election.
### UPSC Trap
**A candidate can contest from any number of constituencies.**
❌ Incorrect
**Maximum → 2**
---
# 21. Affidavit
Candidates are required to submit the prescribed:
**Affidavit**
along with the nomination process.
The affidavit provides information required by election law, including prescribed disclosures.
The commonly used candidate affidavit is:
**Form 26**
---
# 22. Information Disclosed by Candidates
The prescribed affidavit requires disclosure of relevant information such as:
- Criminal antecedents
- Assets
- Liabilities
- Educational qualifications
- Other information required under the election framework
### Purpose
Promote:
**Transparency**
and:
**Voter's Right to Information**
---
# 23. Criminal Antecedents
Candidates must disclose prescribed information concerning:
- Pending criminal cases
- Convictions
- Other criminal antecedent information required by law
### Important
Disclosure of a criminal case does not automatically mean:
**Candidate is disqualified**
unless a separate statutory disqualification applies.
### Key Distinction
**Disclosure ≠ Disqualification**
---
# 24. Section 33A
Section 33A of RPA 1951 is important for:
**Right to Information**
It requires candidates to provide prescribed information regarding:
- Criminal cases
- Certain convictions
### UPSC Point
**Section 33A → Candidate disclosure**
---
# 25. Section 33B
Section 33B historically attempted to limit candidate disclosure beyond the information required under the Act and rules.
However, the Supreme Court struck down Section 33B in:
**PUCL v. Union of India (2003)**
### Significance
The judgment strengthened:
**Voters' Right to Know**
about candidates.
---
# 26. Scrutiny of Nominations
After the last date for filing nominations:
**Scrutiny**
takes place on the date fixed in the election schedule.
The scrutiny is conducted by:
**Returning Officer**
---
# 27. Who Can Attend Scrutiny?
The following persons may attend scrutiny for a candidate:
1. Candidate
2. Candidate's Election Agent
3. One proposer
4. One person authorised in writing by the candidate
### Important
The scrutiny process is not open to unlimited persons.
---
# 28. Purpose of Scrutiny
The Returning Officer examines whether:
- Candidate is legally qualified
- Candidate is disqualified
- Nomination paper satisfies statutory requirements
- Required proposer signatures are present
- Security deposit has been properly made
- Required affidavit has been filed
- Other mandatory conditions are satisfied
---
# 29. Rejection of Nomination
The Returning Officer may reject a nomination where the statutory grounds for rejection are satisfied.
Important grounds include:
- Candidate is not qualified
- Candidate is disqualified
- Section 33 requirements are not fulfilled
- Candidate/proposer signatures are defective
- Required security deposit is not made
- Required affidavit has not been filed
---
# 30. Substantial Defect Rule
The Returning Officer should not reject a nomination merely because of a:
**Defect that is not of a substantial character.**
### Important
The law distinguishes between:
**Substantial defect**
and:
**Minor / non-substantial defect**
### UPSC Trap
**Any technical error automatically invalidates a nomination.**
❌ Incorrect
---
# 31. False Information in Affidavit
A nomination is not automatically rejected merely because the information contained in an affidavit is alleged to be:
**False**
The legal consequences of false declarations are governed separately by election law.
### Important
**False affidavit → Legal penalty**
does not automatically mean:
**Automatic rejection at scrutiny**
in every circumstance.
---
# 32. Acceptance of Nomination
If the Returning Officer finds the nomination valid:
**Nomination is accepted.**
A candidate may have more than one valid nomination paper.
### Important
Multiple valid nomination papers of the same candidate do not create multiple candidates.
They represent:
**Multiple nomination papers of one candidate.**
---
# 33. Rejection of Nomination
If a statutory ground for rejection is established:
**Nomination is rejected.**
The person does not proceed as a validly nominated candidate for that election.
### Important
The Returning Officer must act according to:
**Section 36 of RPA 1951**
---
# 34. Withdrawal of Candidature
After scrutiny, a validly nominated candidate may withdraw their candidature.
The withdrawal must be:
**In the prescribed form and manner**
and within the:
**Prescribed period**
---
# 35. Withdrawal Cannot Be Revoked
Once a candidate gives a valid notice of withdrawal:
**It cannot subsequently be cancelled or revoked by the candidate.**
### UPSC Trap
**A candidate can withdraw and later restore the candidature before polling.**
❌ Incorrect
---
# 36. Final List of Contesting Candidates
After the withdrawal period ends, the Returning Officer prepares:
**Final List of Contesting Candidates**
This list contains only candidates who:
- Have valid nominations
- Have not withdrawn
### Sequence
```text
Nomination Papers
↓
Scrutiny
↓
Validly Nominated Candidates
↓
Withdrawal
↓
Final Contesting Candidates
After the final candidate list is prepared:
Election Symbols
are allotted according to the applicable election-symbol rules.
Recognised political parties generally have:
Reserved Symbols
May receive:
Free Symbols
according to the applicable rules.
Election Notification
↓
Public Notice
↓
Nomination Period
↓
Candidate Files Nomination
↓
Required Proposers
↓
Security Deposit
↓
Affidavit / Disclosures
↓
Nomination Submission
↓
Scrutiny by Returning Officer
↓
Accepted / Rejected
↓
Withdrawal Period
↓
Final List of Contesting Candidates
↓
Symbol Allotment
↓
Election Campaign
Candidate:
Submits candidature
Returning Officer:
Examines legality of candidature
Nomination → Submit
Scrutiny → Check
Enter the contest
Exit the contest
ENTER
→ Nomination
CHECK
→ Scrutiny
EXIT
→ Withdrawal
A person who submits a nomination is not necessarily a:
Contesting Candidate
because:
Therefore:
Nominee ≠ Final Contesting Candidate
| Recognised Party Candidate | Independent / Unrecognised Party |
|---|---|
| Generally 1 proposer for Lok Sabha/Assembly | Generally 10 proposers |
| Party authorization required where applicable | No recognised-party sponsorship |
| Reserved symbol for recognised party | Free symbol, subject to rules |
| Party's election symbol | Symbol allotted under applicable rules |
A candidate claiming to be set up by a political party must comply with:
Party authorization requirements
under the applicable election rules.
The prescribed:
Forms A and B
are used for communicating party authorization in relevant elections.
Party nomination and personal nomination are related but distinct:
Candidate files nomination
while:
Party authorises the candidate
where applicable.
A candidate must satisfy the applicable:
Elector requirement
under RPA 1951.
The candidate does not generally need to be an elector of:
The same constituency
from which they contest.
The exact statutory requirement depends on the election.
For seats reserved for:
the candidate must satisfy the applicable:
SC/ST qualification
in addition to the general candidate requirements.
Reservation eligibility is checked during:
Nomination and Scrutiny
Determines:
Whether the person is legally eligible
Determines:
Whether the person has formally entered the election
Determines:
Whether the nomination satisfies legal requirements
A person may have:
Valid-looking nomination documents
but still be rejected if they are:
Legally disqualified
A candidate who is subject to a statutory disqualification cannot become a valid contesting candidate merely by filing nomination papers.
RETURNING OFFICER
Receives Nominations
↓
Examines Papers
↓
Conducts Scrutiny
↓
Accepts / Rejects
↓
Records Withdrawal
↓
Prepares Final Candidate List
↓
Allots Symbols
↓
Conducts / Supervises Counting
↓
Declares Result
The Election Commission:
The ECI has:
Superintendence, Direction and Control
under Article 324.
The Election Commission has an online nomination facility through:
Suvidha / ENCORE
Candidates can use the system for functions such as:
Online facilitation does not mean that the statutory requirement of presenting the nomination paper is simply replaced by sending an email.
The traditional process involves:
Physical submission
of the prescribed nomination papers to the:
Returning Officer / authorised Assistant Returning Officer
The RO then digitizes the relevant information in the election-management system.
A candidate can submit a maximum of:
Four nomination papers
for the same constituency.
Provides protection if one nomination paper contains a defect.
This does not allow:
Four separate candidacies
in the same constituency.
A person may contest from a maximum of:
Two Lok Sabha constituencies
or:
Two Legislative Assembly constituencies
in the same election.
This is different from:
Four nomination papers per constituency.
4 → Nomination Papers
2 → Constituencies
| Form | Purpose |
|---|---|
| Form 2A | Lok Sabha nomination |
| Form 2B | Legislative Assembly nomination |
| Form 2C | Rajya Sabha nomination |
| Form 2D | Legislative Council — MLA constituency |
| Form 2E | Legislative Council — Local Authorities/Graduates/Teachers constituencies |
| Form 26 | Candidate affidavit |
| Form A | Party authorization |
| Form B | Party candidate notice |
| Provision | Subject |
|---|---|
| Section 30 | Appointment of dates for nominations etc. |
| Section 31 | Public notice of election |
| Section 32 | Nomination of candidates |
| Section 33 | Presentation of nomination paper and requirements |
| Section 33A | Candidate's right-to-information disclosures |
| Section 34 | Deposits |
| Section 35 | Notice of nominations and scrutiny |
| Section 36 | Scrutiny of nominations |
| Section 37 | Withdrawal of candidature |
| Section 38 | Publication of list of contesting candidates |
| Section 39 | Nomination at other elections |
30
→ DATES
31
→ PUBLIC NOTICE
32
→ NOMINATION
33
→ PRESENTATION + VALID NOMINATION
33A
→ DISCLOSURE
34
→ DEPOSIT
35
→ SCRUTINY NOTICE
36
→ SCRUTINY
37
→ WITHDRAWAL
38
→ CONTESTING LIST
39
→ OTHER ELECTIONS
SECTION 30
→ Election Dates
↓
SECTION 31
→ Public Notice
↓
SECTION 32
→ Nomination
↓
SECTION 33
→ Valid Nomination Requirements
↓
SECTION 33A
→ Candidate Disclosures
↓
SECTION 34
→ Security Deposit
↓
SECTION 35
→ Scrutiny Notice
↓
SECTION 36
→ Scrutiny
↓
SECTION 37
→ Withdrawal
↓
SECTION 38
→ Final Contesting Candidates
Nomination of candidates:
Section 32, RPA 1951
Presentation and validity requirements:
Section 33
Candidate disclosure:
Section 33A
Security deposit:
Section 34
Scrutiny:
Section 36
Withdrawal:
Section 37
Final list:
Section 38
Maximum nomination papers:
4
Maximum Lok Sabha/Assembly constituencies:
2
Recognised party candidate:
1 proposer for Lok Sabha/Assembly
Independent/unrecognised party candidate:
10 proposers for Lok Sabha/Assembly
Nomination cannot simply be sent by:
Post / Fax / Email
Scrutiny is conducted by:
Returning Officer
Withdrawal once validly submitted:
Cannot be revoked
The Election Commission itself scrutinizes every nomination paper.
❌ Incorrect
The:
Returning Officer
conducts scrutiny.
A nomination can be filed through email.
❌ Incorrect
It must be presented in the prescribed manner.
An independent candidate needs only one proposer.
❌ Incorrect
For Lok Sabha/Assembly elections:
10 proposers
are generally required.
A recognised party candidate needs 10 proposers.
❌ Incorrect
For Lok Sabha/Assembly elections:
1 proposer
is generally required.
A candidate can file only one nomination paper.
❌ Incorrect
Up to:
4 nomination papers
may be filed for the same constituency.
A candidate can contest from unlimited constituencies.
❌ Incorrect
Maximum:
2 constituencies
for Lok Sabha/Assembly elections.
Every defect in a nomination paper requires rejection.
❌ Incorrect
A defect that is not of a:
Substantial character
should not by itself lead to rejection.
A candidate can revoke a valid withdrawal.
❌ Incorrect
Withdrawal cannot subsequently be revoked.
Filing a nomination automatically makes a person a contesting candidate.
❌ Incorrect
The nomination must survive:
Scrutiny
and the candidate must not withdraw.
Security deposit is the same as election expenditure.
❌ Incorrect
They are separate concepts.
A criminal case disclosed in the affidavit automatically disqualifies the candidate.
❌ Incorrect
Disclosure ≠ Disqualification
The candidate's affidavit is irrelevant to nomination.
❌ Incorrect
Prescribed disclosures form part of the nomination framework.
Four nomination papers mean a candidate can contest four constituencies.
❌ Incorrect
4 papers → Same constituency
2 constituencies → Maximum contesting constituencies
The Returning Officer can reject a nomination for any minor technical defect.
❌ Incorrect
The law protects against rejection for defects that are not of a:
Substantial character
Section 33 of RPA 1951 deals with presentation of nomination papers and requirements for a valid nomination.
✅ Correct
Section 34 deals with security deposits.
✅ Correct
Section 36 deals with scrutiny of nominations.
✅ Correct
Section 37 deals with withdrawal of candidature.
✅ Correct
Section 38 deals with publication of the list of contesting candidates.
✅ Correct
A nomination paper can be sent to the Returning Officer by email.
❌ Incorrect
A recognised political-party candidate generally requires one proposer for Lok Sabha or Assembly elections.
✅ Correct
An independent candidate generally requires ten proposers for Lok Sabha or Assembly elections.
✅ Correct
A candidate may file a maximum of four nomination papers for the same constituency.
✅ Correct
A person can contest Lok Sabha elections from more than two constituencies.
❌ Incorrect
The Returning Officer conducts scrutiny of nominations.
✅ Correct
Every minor defect in a nomination paper necessarily results in rejection.
❌ Incorrect
A valid notice of withdrawal can subsequently be revoked by the candidate.
❌ Incorrect
Disclosure of a pending criminal case automatically disqualifies a candidate.
❌ Incorrect
A person who files a nomination is automatically included in the final list of contesting candidates.
❌ Incorrect
A. Section 32 B. Section 33 C. Section 34 D. Section 36 E. Section 37 F. Section 38
A → 3 B → 5 C → 1 D → 4 E → 2 F → 6
1
→ Proposer for recognised party candidate
in Lok Sabha/Assembly
10
→ Proposers for independent/unrecognised
party candidate in Lok Sabha/Assembly
4
→ Maximum nomination papers
for same constituency
2
→ Maximum constituencies
for Lok Sabha/Assembly
1/6
→ Deposit forfeiture threshold
for defeated candidate
LOK SABHA
General → ₹25,000
SC/ST → ₹12,500
ASSEMBLY / COUNCIL
General → ₹10,000
SC/ST → ₹5,000
RAJYA SABHA
General → ₹10,000
SC/ST → ₹5,000
NOTIFICATION
↓
PUBLIC NOTICE
↓
NOMINATION
↓
PROPOSERS
↓
SECURITY DEPOSIT
↓
AFFIDAVIT
↓
SCRUTINY
↓
ACCEPT / REJECT
↓
WITHDRAWAL
↓
FINAL CONTESTING LIST
↓
SYMBOL ALLOTMENT
KEY SECTIONS
32 → NOMINATION
33 → VALID NOMINATION
33A → DISCLOSURE
34 → DEPOSIT
36 → SCRUTINY
37 → WITHDRAWAL
38 → CONTESTING LIST
KEY NUMBERS
1 → RECOGNISED PARTY PROPOSER
10 → INDEPENDENT / UNRECOGNISED PARTY PROPOSERS
4 → NOMINATION PAPERS
2 → MAXIMUM CONSTITUENCIES
1/6 → DEPOSIT FORFEITURE THRESHOLD
Nomination is the formal legal entry point into an election contest. A candidate must submit the prescribed nomination paper within the notified period, satisfy the required proposer and deposit conditions, and furnish the prescribed disclosures. The Returning Officer then scrutinizes the nomination under Section 36 of the Representation of the People Act, 1951. Only candidates whose nominations survive scrutiny and who do not withdraw become part of the final list of contesting candidates.
Election Notification
↓
Nomination Paper
↓
Proposers + Deposit + Affidavit
↓
Scrutiny by Returning Officer
↓
Accepted / Rejected
↓
Withdrawal
↓
Final List of Contesting Candidates
Nomination = Entry
Scrutiny = Legal Check
Withdrawal = Exit
Final List = Actual Contestants
The section sequence and nomination requirements above are based on the current RPA 1951 text and Election Commission guidance. ([indiacode.nic.in][1])
[1]: https://www.indiacode.nic.in/handle/123456789/18882?utm_source=chatgpt.com "India Code: representation of the people act, 1951"