NOMINATION AND CANDIDATURE
1. Meaning of Valid Nomination
A valid nomination is the official proposal of a candidate for election, fulfilling all legal requirements under
the Representation of the People Act, 1951 and the Election Commission’s guidelines.
Key Elements of a Valid Nomination
• The nomination must be filed within the stipulated time under Section 30.
• It should be submitted in the prescribed format before the Returning Officer.
• The candidate must meet eligibility criteria under Articles 84, 102 (for Parliament) and 173, 191
(for State Legislatures) of the Constitution.
• It should be endorsed by the requisite number of proposers, depending on whether the candidate
belongs to a recognized political party or is an independent candidate.
2. Procedure for Filing of Nomination (Sections 30-33)
(a) Section 30 – Appointment of Dates for Nomination
• The Election Commission fixes the schedule for nominations.
• The notification specifies the last date for filing nominations, scrutiny date, withdrawal date, and
polling date.
(b) Section 31 – Public Notice of Election
• The Returning Officer issues a public notice detailing the nomination procedure.
(c) Section 32 – Nomination of Candidates
• Any person meeting the qualifications under Articles 84, 102, 173, and 191 of the Constitution can
contest elections.
• The nomination paper must be signed by:
o One proposer (for candidates of recognized political parties).
o Ten proposers (for independent candidates and candidates from unrecognized parties).
(d) Section 33 – Presentation of Nomination Paper and Requirements
• Nomination papers must be presented in prescribed forms.
• Candidates must file an affidavit disclosing their criminal records, assets, liabilities, and
educational qualifications (as per Supreme Court rulings in Association for Democratic
Reforms (2002) and PUCL (2003)).
• Non-disclosure of required information can lead to rejection of the nomination.
3. Security Deposit (Section 34)
Candidates must deposit a security amount along with their nomination:
• ₹25,000 for Lok Sabha elections (₹12,500 for SC/ST candidates).
• ₹10,000 for State Legislative Assembly elections (₹5,000 for SC/ST candidates).
If the candidate fails to secure 1/6th of the total valid votes, the deposit is forfeited.
4. Grounds for Rejection of Nomination (Section 36)
A nomination paper may be rejected if:
1. The candidate is disqualified under the Constitution, RPA 1951 (Sections 8, 8A, 9, 9A, 10, and
10A) or other laws.
2. It is not filed in proper form or lacks required signatures.
3. The security deposit is not paid.
4. The candidate fails to furnish mandatory affidavits regarding criminal records, assets, and
liabilities.
5. The proposer’s name is not in the electoral roll of the concerned constituency.
5. Withdrawal of Nominations (Section 37)
• A validly nominated candidate can withdraw candidature within the prescribed time.
• Once withdrawn, the nomination cannot be revived.
6. Voter’s Right to Know Antecedents of Candidates
• The Supreme Court (PUCL v. Union of India, 2003) ruled that voters have a fundamental right to
know candidates' criminal, financial, and educational backgrounds.
• Section 33A of the RPA (inserted after the judgment) mandates disclosure of:
o Pending criminal cases and convictions.
o Assets, liabilities, and educational qualifications.
• Failure to disclose correct information can lead to disqualification or election petitions under
Section 100(1)(d)(i).
7. Recognition of Political Parties & Election System
(a) Recognition of Political Parties
The Election Commission of India (ECI) recognizes parties under the Election Symbols (Reservation and
Allotment) Order, 1968 as:
• National Party (present in at least 4 states, 6% votes in 4 states + 4 Lok Sabha seats or 2% Lok Sabha
seats from 3 states).
• State Party (6% votes in state assembly election + 1 MLA or 3% seats in the assembly).
• Registered Unrecognized Party (does not meet criteria but is registered with ECI).
(b) Election System
• First-Past-The-Post System (FPTP): Candidate with the highest votes wins.
• Proportional Representation (PR): Used for Rajya Sabha and Presidential elections.
• Mixed System: Local body elections sometimes use a combination.
8. Election Petitions & Disqualification (Section 100(1)(c) & 100(1)(d))
Election results can be challenged under Section 100 on the following grounds:
(a) Section 100(1)(c) – Disqualification of Elected Candidate
• If a candidate was disqualified under Articles 102, 191 or RPA, 1951 (Sections 8, 9, 10, etc.), their
election can be declared void.
(b) Section 100(1)(d) – Grounds for Declaring an Election Void
The High Court may declare an election void if:
1. Improper acceptance or rejection of nomination led to an unfair election.
2. The returned candidate committed corrupt practices.
3. Malpractice, bribery, undue influence, or booth capturing occurred.
4. Non-compliance with the Constitution, RPA, or election rules vitiated the election.
