Electoral Act, 1963

Amendment of sections 12, 13 and 14 of Principal Act.

47.—Sections 12, 13 and 14 of the Principal Act shall have effect subject to the following provisions:

(a) the presidential returning officer shall be entitled to rule a nomination paper invalid if, but only if, it is not properly made out or subscribed;

(b) at the ruling on nominations the presidential returning officer shall object to the description of a candidate in a nomination paper which is, in his opinion, incorrect, insufficient to identify the candidate, or unnecessarily long; where the presidential returning officer so objects, he shall allow the candidate or his authorised representative, as may be appropriate, to amend the description, and, if it is not so amended to the presidential returning officer's satisfaction, the presidential returning officer may amend or delete it, as he thinks fit, after consultation with the candidate or his authorised representative, if either is present, or may rule that the nomination paper is invalid as not being properly made out;

(c) the provisions of paragraph (a) of this section shall not affect the application of the said section 13 to any question relating to the functions, pursuant to that paragraph, of the presidential returning officer;

(d) if any person entitled to do so raises at the ruling on nominations any objection relevant to the nomination of a candidate other than an objection relating to the functions pursuant to paragraph (b) of this section of the presidential returning officer—

(i) the presidential returning officer shall ask him to state the grounds of his objection,

(ii) if he does not there and then state the grounds of his objection, the objection shall be taken as having been withdrawn,

(iii) if he there and then states the grounds of his objection, the presidential returning officer shall adjourn the ruling on nominations and refer the objection to a tribunal consisting of three judges of the High Court (including the judicial assessor) nominated by the President of the High Court at the same time as the nomination of, or intimation by the President of the High Court of intention to act as, the judicial assessor,

(iv) the decision of the tribunal shall be given within three days and shall be final,

(v) before adjourning the ruling on nominations, the presidential returning officer may, if he so thinks proper, and shall, if requested by a candidate or the representative of a candidate, ask for a written statement of the objection and the grounds therefor to be delivered within twenty-four hours, to him and to the candidate objected to and, if such statement is delivered, shall submit it to the tribunal.