Scrutiny of nominations is the stage of the election process in which the:
Returning Officer (RO)
examines the nomination papers submitted by candidates and determines whether they are legally valid.
It comes after:
Nomination
and before:
Withdrawal of Candidature
Nomination
↓
Scrutiny
↓
Validly Nominated Candidates
↓
Withdrawal
↓
Final List of Contesting Candidates
The principal statutory provision is:
Section 36 of the Representation of the People Act, 1951.
Important provisions connected with scrutiny are:
Section 36 → Scrutiny of Nominations
Scrutiny is conducted by the:
Returning Officer
The ECI's current election-management system records the scrutiny status of each nomination as accepted or rejected, and the scrutiny stage precedes symbol allotment and preparation of the final contesting-candidate list. ([Election Commission of India][1])
Scrutiny is essentially a:
Quasi-judicial function
The Returning Officer must act:
The ECI specifically describes scrutiny as an important quasi-judicial duty. ([Election Commission of India][2])
Ordinarily:
No
Scrutiny is to be conducted by the:
Returning Officer
There is a limited exception where the Returning Officer is unavoidably prevented from performing the function and an authorised Assistant Returning Officer conducts it according to the statutory framework. ([Election Commission of India][3])
Assistant Returning Officer normally conducts scrutiny on behalf of the Returning Officer.
❌ Incorrect
The date of scrutiny is fixed in the:
Election Schedule
under Section 30 of RPA 1951.
Under the ordinary election timetable, scrutiny takes place:
After the last date for filing nominations.
The ECI handbook states that scrutiny ordinarily takes place on the day immediately following the last date for nominations, subject to the statutory holiday rule. ([Election Commission of India][3])
The:
Date, time and place
of scrutiny are specified according to the election notification.
The Returning Officer informs persons delivering nomination papers about the scrutiny arrangements and publishes the required notice. ([India Code][4])
Section 35 → Notice
Section 36 → Scrutiny
For each candidate, the following may attend:
No other person is entitled to attend under Section 36.
The law expressly provides these limited attendance rights. ([India Code][5])
No.
A candidate does not have to personally attend scrutiny.
The absence of the candidate or representative by itself cannot be a ground for rejection of the nomination. ([Election Commission of India][2])
A candidate's absence during scrutiny automatically invalidates the nomination.
❌ Incorrect
The Returning Officer examines:
All nomination papers
that were delivered within the prescribed time and manner under Section 33.
Candidates and permitted representatives are given reasonable facilities to examine the nomination papers of other candidates. ([India Code][5])
During scrutiny, objections may be raised against a nomination.
The Returning Officer decides:
All objections
relating to the nomination.
The RO may also act:
Suo motu
on their own examination of the nomination paper.
Scrutiny is not limited only to objections raised by other candidates.
The Returning Officer may conduct such:
Summary inquiry
as considered necessary before deciding whether a nomination should be rejected.
Scrutiny is not equivalent to a full-fledged civil or criminal trial.
It is a:
Summary quasi-judicial examination
Under Section 36, a nomination may be rejected where:
The candidate:
Is not qualified
to be chosen for the seat.
The candidate:
Is disqualified
from being chosen.
There is failure to comply with:
Section 33
or:
Section 34
The:
Signature of the candidate or proposer
on the nomination paper is not genuine.
These are the principal statutory grounds specified in Section 36. ([India Code][5])
The RO checks whether the candidate satisfies the applicable qualifications.
Relevant constitutional provisions include:
The statutory qualifications under:
Part II of RPA 1951
also apply.
Qualification
+
No Disqualification
↓
Eligible Candidate
The Returning Officer also checks whether the candidate is subject to applicable:
Disqualification
Relevant constitutional provisions include:
Statutory disqualifications are also considered under:
RPA 1951
Qualification and disqualification are separate checks.
Section 33 deals with:
Presentation of nomination paper and requirements for a valid nomination.
The RO checks compliance with the applicable requirements, including:
Failure to comply with Section 33 can be a ground for rejection under Section 36. ([India Code][6])
Section 34 deals with:
Security deposits
Failure to comply with the applicable deposit requirement can result in rejection under Section 36.
33 → Nomination Requirements
34 → Deposit
36 → Scrutiny
The signature of:
must be genuine.
If the signature is not genuine, the nomination may be rejected under:
Section 36(2)(c)
Only the candidate's signature is relevant.
❌ Incorrect
The statute specifically refers to:
Candidate or proposer
A candidate may have submitted more than one nomination paper for the same constituency.
The RO must scrutinize:
All nomination papers
of that candidate.
The ECI's Returning Officer handbook specifically states that one valid nomination paper cannot simply be treated as sufficient reason to ignore the others. ([Election Commission of India][2])
If a candidate has been duly nominated through:
Another valid nomination paper
then an irregularity in one nomination paper does not necessarily justify rejection of the candidate's nomination.
Section 36(3) provides this protection.
Nomination Paper A
→ Defect
Nomination Paper B
→ Valid
Candidate
→ Can remain validly nominated
The Returning Officer:
Shall not reject
a nomination paper merely because of a defect that is:
Not of a substantial character.
This is one of the most important provisions of Section 36(4). ([Indian Kanoon][7])
Minor defect ≠ Automatic Rejection
A defect that materially affects the legal validity of the nomination.
May result in:
Rejection
A minor irregularity that does not materially affect validity.
Should not by itself result in:
Rejection
An important distinction:
Incorrect information in the nomination form/affidavit does not automatically become a ground for rejection under Section 36.
The ECI states that wrong information is not by itself the criterion for rejection; rejection must be based on the grounds specified under Section 36. Separate legal consequences may apply for false declarations or concealment. ([Election Commission of India][8])
Any incorrect statement in an affidavit automatically causes rejection of nomination.
❌ Incorrect
Candidates are required to furnish prescribed information, including information concerning:
The scrutiny process checks whether the prescribed information has been furnished in the required manner. ([Election Commission of India][2])
Candidates should not leave required columns blank.
The ECI states that if a candidate fails to fill required blanks even after notice from the Returning Officer, the nomination paper may become liable to rejection during scrutiny. ([Election Commission of India][8])
Blank required information → Potential rejection
subject to the applicable procedure.
The Returning Officer does not conduct a full criminal trial during scrutiny.
The RO conducts a:
Summary inquiry
for determining the validity of the nomination.
Scrutiny → Election eligibility
not:
Criminal trial → Final determination of criminal guilt
An objection can be raised against another candidate's nomination.
The RO examines the objection and relevant material.
The final decision is made by:
Returning Officer
according to:
Election law
Where an objection is raised by the Returning Officer or another person, the concerned candidate may be given an opportunity to:
Rebut the objection
within the statutory framework.
Section 36 provides for limited adjournment where necessary for this purpose. ([Indian Kanoon][7])
The Returning Officer should not ordinarily adjourn scrutiny.
An adjournment is permitted only in circumstances specified under:
Section 36(5)
such as:
A limited postponement may also arise where an objection requires the candidate to rebut it within the statutory period. ([Indian Kanoon][7])
RO can freely postpone scrutiny whenever convenient.
❌ Incorrect
After examination, the Returning Officer:
Accepts
or:
Rejects
the nomination.
The decision is endorsed on the nomination paper.
If rejected, the RO must record:
A brief statement of reasons
in writing. ([Indian Kanoon][7])
After all nominations have been scrutinized and decisions recorded, the RO prepares:
List of Validly Nominated Candidates
This list is displayed on the:
Notice Board
of the Returning Officer.
Section 36(8) provides for this list. ([Indian Kanoon][7])
These are not the same.
Nomination:
Survived scrutiny
Nomination survived scrutiny and candidate:
Did not withdraw
Nomination
↓
Scrutiny
↓
Validly Nominated
↓
Withdrawal
↓
Contesting Candidate
A legal examination by:
Returning Officer
A voluntary decision by:
Candidate
Scrutiny → RO checks
Withdrawal → Candidate exits
The result of scrutiny is:
List of Validly Nominated Candidates
The result after withdrawal is:
Final List of Contesting Candidates
Do not use these terms interchangeably.
The Election Commission:
However, the statutory scrutiny decision at the constituency level is made by the:
Returning Officer
The ECI does not personally scrutinize every nomination paper.
The ECI's:
ENCORE
system includes a Candidate Scrutiny module.
The Returning Officer uses it to:
The scrutiny status is also made available through ECI's candidate/citizen-facing systems. ([Election Commission of India][1])
Last Date for Nomination
↓
Scrutiny Date
↓
RO Examines All Nomination Papers
↓
Objections Considered
↓
Summary Inquiry if Necessary
↓
Qualification / Disqualification Check
↓
Section 33 Compliance
↓
Section 34 Compliance
↓
Signature Verification
↓
Accept / Reject
↓
Reasons Recorded for Rejection
↓
Validly Nominated Candidates List
↓
Withdrawal
↓
Final Contesting Candidates List
| Authority | Role |
|---|---|
| Election Commission | Overall electoral supervision |
| Returning Officer | Scrutiny of nominations |
| Candidate | May attend and defend nomination |
| Election Agent | May attend |
| Proposer | One may attend |
| Authorised Person | One may attend |
| Assistant Returning Officer | Limited statutory exception |
The RO may examine:
The precise documents depend on:
Type of election
and:
Applicable legal requirements.
For reserved constituencies, the RO also examines whether the candidate satisfies the applicable:
SC/ST eligibility requirements
where required by law.
General Eligibility
+
Reserved Category Eligibility
↓
Valid Nomination
The scrutiny stage connects directly with the previous topic:
Disqualifications of Candidates
The RO checks whether the candidate is disqualified under applicable constitutional/statutory provisions.
Qualification → Section 36 check
Disqualification → Section 36 check
The security deposit requirement under:
Section 34
is checked during scrutiny.
Failure to comply with Section 34 can be a ground for rejection under:
Section 36(2)(b)
The RO examines whether the nomination satisfies the applicable:
Proposer requirements
under Section 33.
For Lok Sabha/Assembly elections:
The exact requirement depends on:
Type of election
and:
Candidate category
A candidate's elector status may need to be established.
Section 36(7) provides that a:
Certified copy of the relevant electoral-roll entry
is conclusive evidence of the person's status as an elector for that constituency unless the statutory exception applies. ([Indian Kanoon][7])
Certified electoral-roll entry → Conclusive evidence, subject to the statutory qualification.
This is an important conceptual point.
The Returning Officer must not act according to:
The ECI instructs the RO to exercise the function with:
Judicial detachment
and according to law. ([Election Commission of India][2])
The Returning Officer must decide the validity of nomination according to:
Law and ECI instructions
The ECI Returning Officer handbook emphasizes that the RO should not take directions from superior authorities, including the CEO or Observer, in deciding the validity of a nomination paper. ([Election Commission of India][2])
RO's scrutiny decision → Independent statutory function
Superintendence, direction and control
Actual scrutiny decision
May defend nomination
Cannot participate as an unrestricted member of the public in scrutiny
Once scrutiny is complete:
Validly Nominated Candidates
↓
Withdrawal Period
↓
Final List of Contesting Candidates
↓
Election Symbols
↓
Campaign
↓
Polling
The ECI's current Candidate Scrutiny system directly links scrutiny outcomes with withdrawal, symbol allotment and preparation of the final contesting-candidate list. ([Election Commission of India][9])
| Provision | Subject |
|---|---|
| Section 30 | Appointment of election dates |
| Section 33 | Valid nomination requirements |
| Section 35 | Notice of nominations and scrutiny |
| Section 36 | Scrutiny of nominations |
| Section 37 | Withdrawal |
| Section 38 | List of contesting candidates |
Section 36 → Scrutiny
36(1)
→ Who may attend + facilities to examine nominations
36(2)
→ Grounds for rejection
36(3)
→ Protection where another nomination paper is valid
36(4)
→ No rejection for non-substantial defect
36(5)
→ Limited adjournment
36(6)
→ Decision endorsed + reasons for rejection
36(7)
→ Electoral-roll entry as evidence
36(8)
→ List of validly nominated candidates
SECTION 36(2)
NOT QUALIFIED
↓
DISQUALIFIED
↓
SECTION 33 NOT COMPLIED WITH
↓
SECTION 34 NOT COMPLIED WITH
↓
CANDIDATE / PROPOSER SIGNATURE NOT GENUINE
Q-D-33-34-S
Qualification → Disqualification → Section 33 → Section 34 → Signature
DEFECT
↓
Is it substantial?
↓
YES → May lead to rejection
↓
NO → Cannot reject merely on that ground
No rejection for a defect that is not of a substantial character.
Scrutiny is governed mainly by:
Section 36, RPA 1951
Scrutiny is conducted by:
Returning Officer
Scrutiny is:
Quasi-judicial
Candidate may attend:
Yes
Candidate's absence automatically invalidates nomination:
No
One proposer may attend:
Yes
One authorised person may attend:
Yes
RO may decide objections:
Yes
RO can act suo motu:
Yes
Minor non-substantial defect:
Not sufficient for rejection
False information automatically rejects nomination:
No
RO must record reasons for rejection:
Yes
All nomination papers of a candidate should be scrutinized:
Yes
Validly nominated candidates list follows scrutiny:
Yes
The Election Commission conducts scrutiny of nomination papers.
❌ Incorrect
The:
Returning Officer
conducts scrutiny.
An Assistant Returning Officer ordinarily conducts scrutiny.
❌ Incorrect
The RO conducts it, subject to a limited statutory exception.
The candidate must be physically present during scrutiny.
❌ Incorrect
Presence is permitted but not mandatory.
Any member of the public can attend scrutiny.
❌ Incorrect
Section 36 specifies the persons who may attend.
Scrutiny can only begin if another candidate raises an objection.
❌ Incorrect
The RO may act:
Suo motu
Every defect results in rejection.
❌ Incorrect
A defect not of a:
Substantial character
cannot by itself justify rejection.
A nomination is rejected if one of several nomination papers has an irregularity.
❌ Not necessarily
If another nomination paper validly nominates the candidate, Section 36(3) provides protection.
The RO can ignore other nomination papers once one paper is found valid.
❌ Incorrect
All nomination papers must be scrutinized.
A wrong statement in an affidavit automatically requires rejection.
❌ Incorrect
Section 36 grounds govern rejection; separate penalties may apply for false declarations. ([Election Commission of India][8])
The RO can freely adjourn scrutiny.
❌ Incorrect
Adjournment is restricted by Section 36(5).
The RO does not need to provide reasons for rejection.
❌ Incorrect
A brief statement of reasons must be recorded in writing.
The result of scrutiny is the final list of contesting candidates.
❌ Incorrect
The immediate result is:
List of Validly Nominated Candidates
The final contesting list comes after:
Withdrawal
Section 36 of RPA 1951 deals with scrutiny of nominations.
✅ Correct
Scrutiny is conducted by the Returning Officer.
✅ Correct
The candidate must be present during scrutiny.
❌ Incorrect
The Returning Officer can decide objections raised against nominations.
✅ Correct
The Returning Officer can examine a nomination on his own motion.
✅ Correct
Every defect in a nomination paper requires rejection.
❌ Incorrect
A defect that is not of a substantial character cannot by itself justify rejection.
✅ Correct
If one of multiple nomination papers is valid, an irregularity in another necessarily invalidates the candidature.
❌ Incorrect
The Returning Officer must scrutinize all nomination papers submitted by candidates.
✅ Correct
The Returning Officer must record reasons when rejecting a nomination.
✅ Correct
The list of validly nominated candidates is prepared after scrutiny.
✅ Correct
The final list of contesting candidates is prepared immediately before scrutiny.
❌ Incorrect
The Election Commission itself personally decides every nomination's validity.
❌ Incorrect
A candidate's absence from scrutiny automatically causes rejection of the nomination.
❌ Incorrect
Scrutiny is considered a quasi-judicial function of the Returning Officer.
✅ Correct
A. Section 35 B. Section 36(2) C. Section 36(4) D. Section 36(6) E. Section 36(8)
A → 2
B → 4
C → 5
D → 1
E → 3
| Stage | Main Action | Authority |
|---|---|---|
| Nomination | Candidate submits candidature | Candidate / RO receives |
| Scrutiny | Legal validity examined | Returning Officer |
| Withdrawal | Candidate exits contest | Candidate |
| Final List | Actual contestants identified | Returning Officer |
Nomination → Submit
Scrutiny → Check
Withdrawal → Exit
Final List → Contest
SECTION 36
→ SCRUTINY
WHO?
→ RETURNING OFFICER
NATURE?
→ QUASI-JUDICIAL
WHO MAY ATTEND?
→ CANDIDATE
→ ELECTION AGENT
→ ONE PROPOSER
→ ONE AUTHORISED PERSON
RO CHECKS
→ QUALIFICATION
→ DISQUALIFICATION
→ SECTION 33
→ SECTION 34
→ SIGNATURES
RO CAN
→ HEAR OBJECTIONS
→ ACT SUO MOTU
→ CONDUCT SUMMARY INQUIRY
NO REJECTION FOR
→ NON-SUBSTANTIAL DEFECT
IF REJECTED
→ REASONS IN WRITING
AFTER SCRUTINY
→ VALIDLY NOMINATED CANDIDATES
THEN
→ WITHDRAWAL
THEN
→ FINAL CONTESTING CANDIDATES
Scrutiny of nominations is a quasi-judicial function performed primarily by the Returning Officer under Section 36 of the Representation of the People Act, 1951. The RO examines all nomination papers, considers objections, verifies qualifications, disqualifications and statutory requirements, and may reject a nomination only on legally prescribed grounds. A defect that is not of a substantial character cannot by itself justify rejection. After scrutiny, the RO prepares the list of validly nominated candidates; only after the withdrawal stage is the final list of contesting candidates prepared.
Section 36
↓
Returning Officer
↓
Examine All Nominations
↓
Objections + Summary Inquiry
↓
Qualification / Disqualification
↓
Section 33 + Section 34
↓
Signature Verification
↓
Accept / Reject
↓
Reasons for Rejection
↓
Validly Nominated Candidates
↓
Withdrawal
↓
Final Contesting Candidates
Nomination = Entry
Scrutiny = Legal Validation
Withdrawal = Exit
Final List = Actual Contestants
```
[1]: https://www.eci.gov.in/candidate-scrutiny-coe?utm_source=chatgpt.com "Candidate Scrutiny | Election Commission of India"
[2]: https://www.eci.gov.in/eci-backend/public/api/download?url=LMAhAK6sOPBp%2FNFF0iRfXbEB1EVSLT41NNLRjYNJJP1KivrUxbfqkDatmHy12e%2FzVx8fLfn2ReU7TfrqYobgIhX2hcHezql%2B6nnk2%2FeqbrIw7XG4Ymo1b5MUat9bvOSUeplspufSrYrPT3q0YbDQfZyuRDbsLdMoGfiLASl33aHkYQNivX5P6biD0TueLJ0i&utm_source=chatgpt.com "| | --- | --- | --- Edition - 2 | | HANDBOOK FOR R"
[3]: https://www.eci.gov.in/eci-backend/public/uploads/monthly_2018_09/1443786440_HandbookforCandidates_pdf.ec83260aa415a72d889d4b3f052ba9bc?utm_source=chatgpt.com "HANDBOOK
FOR
CANDIDATES"
[4]: https://www.indiacode.nic.in/bitstream/123456789/1941/1/195143.pdf?utm_source=chatgpt.com "The Representation of the People Act, 1951"
[5]: https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_81_00001_195143_1517807327542&orderno=52&utm_source=chatgpt.com "India Code: Section Details"
[6]: https://www.indiacode.nic.in/handle/123456789/2096?utm_source=chatgpt.com "India Code: Representation of the People Act, 1951"
[7]: https://indiankanoon.org/doc/168639435/?utm_source=chatgpt.com "Section 36 in The Representation of the People Act, 1951"
[8]: https://www.eci.gov.in/faq/1/1?utm_source=chatgpt.com "Election Commission of India"
[9]: https://www.eci.gov.in/candidate-scrutiny?utm_source=chatgpt.com "Candidate Scrutiny | Election Commission of India"