Section 35: Notice of Nominations and Time and Place for Scrutiny
Section 35 of the Representation of the People Act, 1951 requires the returning officer to acknowledge each nomination paper, inform the person delivering it of the scrutiny arrangements, and publicly display notice of the nomination.
Text of Section 35 - Representation of the People Act, 1951
The returning officer shall, on receiving the nomination paper under sub-section (1) or, as the case may be, sub-section (1A) of section 33, inform the person or persons delivering the same of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of the proposer.
Meaning and purpose of Section 35
The provision establishes a transparent record of nomination papers received for an election. It serves two purposes: giving the candidate or proposer confirmation of delivery and allowing electors and other interested persons to learn whose nominations have been submitted before scrutiny.
Duties of the returning officer
- Receive the nomination paper: A nomination paper is delivered in accordance with Section 33, which governs its presentation and the requirements for a valid nomination.
- Inform the person delivering it: State the date, time and place appointed for scrutiny of nominations.
- Assign a serial number: Record a serial number on the nomination paper for identification and recordkeeping.
- Certify receipt: Sign a certificate on the nomination paper showing the date and exact hour of delivery.
- Publish notice: As soon as practicable, affix a notice in a conspicuous place at the returning officer's office containing particulars corresponding to those of the candidate and proposer in the nomination paper.
How Section 35 fits into the election process
Before receipt: Sections 30, 31 and 33
The Election Commission appoints the relevant election dates under Section 30, while Section 31 requires public notice inviting nominations. Section 32 addresses eligibility for nomination, and Section 33 regulates the filing of nomination papers.
After receipt: Sections 36 to 38
Section 36 governs the actual scrutiny and acceptance or rejection of nominations. Section 37 concerns withdrawal of candidature, and Section 38 provides for publication of the list of contesting candidates.
Prescribed forms and election rules
The Conduct of Elections Rules, 1961 supplement the Act with prescribed nomination forms and procedures. In particular, the notice of nominations is dealt with under Rule 7 and Form 3, while the scrutiny stage is governed by the Act and the applicable rules and election instructions. Election-specific schedules and directions should be checked with the returning officer or the Election Commission.
Frequently asked questions
Must the returning officer record the time of submission?
Yes. Section 35 requires a signed certificate recording both the date and the hour at which the nomination paper was delivered.
Where is the nomination notice displayed?
It must be affixed in a conspicuous place at the office of the returning officer.
Does public notice mean the nomination is accepted?
No. The returning officer determines the validity of nomination papers at scrutiny under Section 36.
Official legal resources
India Code - Central legislationElection Commission of IndiaLegislative Department
For the operative statutory text, subsequent amendments, applicable rules and official election directions, consult these primary sources.