Section 36 - Scrutiny of Nominations
Section 36 prescribes how the Returning Officer scrutinises nomination papers, hears objections, determines statutory grounds for rejection and publishes the list of validly nominated candidates.
Scrutiny follows the nomination process under section 33, the deposit requirement under section 34, and the notice of scrutiny under section 35.
Who may attend scrutiny?
Under section 36(1), the candidate, the election agent, one proposer of each candidate and one other person authorised in writing by each candidate may attend the scrutiny at the place and time fixed by the Returning Officer. Other persons are not entitled to attend. Those entitled to attend must be given reasonable facilities to examine nomination papers delivered in accordance with section 33.
Examination and objections
Under section 36(2), the Returning Officer examines nomination papers and decides objections. The officer may also act on his or her own motion, conducting such summary inquiry as considered necessary. Scrutiny concerns statutory eligibility and the legal validity of the nomination, not a general trial of every allegation about a candidate.
Grounds for rejection under section 36(2)
A nomination may be rejected where (a) on the scrutiny date the candidate lacks the required qualification or incurs a disqualification under Articles 84, 102, 173 or 191 of the Constitution, Part II of the 1951 Act, or applicable provisions of sections 4 and 14 of the Government of Union Territories Act, 1963; (b) section 33 (presentation and requirements of valid nomination) or section 34 (security deposit) has not been complied with; or (c) the signature of the candidate or proposer is not genuine.
Another valid nomination paper and minor defects
Section 36(3) protects a candidate from rejection based on irregularities under clauses (b) or (c) in one nomination paper when another duly submitted nomination paper is free of the irregularity. Section 36(4) separately prohibits rejection for a defect that is not of a substantial character. Whether a defect is substantial depends on the governing law and facts; not every omission is harmless.
Date, adjournment and opportunity to rebut
Under section 36(5), scrutiny takes place on the date fixed under section 30(b). Adjournment is ordinarily prohibited except for riot, open violence or causes beyond the Returning Officer's control. When an objection is made or raised by the officer, the candidate may be given time to rebut it, not later than the second day following the scheduled scrutiny date. The officer records the decision on the adjourned date.
Written decision and list of valid candidates
Section 36(6) requires the Returning Officer to endorse acceptance or rejection on each nomination paper and briefly record reasons for rejection in writing. Under section 36(8), after all papers are scrutinised, the officer prepares and affixes on the notice board the list of validly nominated candidates.
Certified electoral-roll entries
Section 36(7) treats a certified copy of an entry in the current electoral roll as conclusive proof that the named person is an elector of that constituency, unless a disqualification under section 16 of the Representation of the People Act, 1950 is established.
Practical implications of scrutiny
The Election Commission of India states that failure to complete required disclosures in Form 26 even after an opportunity to correct blanks can result in rejection. By contrast, incorrect information is not, by itself, an automatic ground for rejection; the applicable statutory grounds and judicial directions govern. An absent required signature is generally a substantial defect. The Returning Officer must provide an appropriate opportunity to respond to objections, subject to the strict scrutiny timetable.
Related provisions and next steps
After scrutiny, section 37 governs withdrawal of candidature and section 38 governs publication of the list of contesting candidates. A challenge to improper acceptance or rejection may engage the election-petition provisions of the Act, including sections 80, 81 and 100, depending on the circumstances.
Official legal sources
India Code - Representation of the People Act, 1951 (official Act PDF)
Election Commission of India - Candidate Scrutiny
Election Commission of India - Nomination FAQs
This explanatory article should be read with the current statutory text, election-specific instructions and applicable judicial decisions.