Notice of nominations and the time and place for their scrutiny
Section 35 of the Representation of the People Act, 1951 deals with notice of nominations and the time and place for their scrutiny. 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 it The Act came into force on 17 Jul 1951.
The returning officer shall, on receiving the nomination paper 1[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 2[the proposer.]
Section 35, The Representation of the People Act, 1951 (Act 43 of 1951).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Uttamrao Shivdas Jankar vs Ranjitsinh Vijaysinh Mohite-patil
Court's Decision & Legal Precedent
Improper rejection of a nomination paper under Section 100(1)(c) of the Representation of the People Act, 1951 encompasses not merely errors in the decision-making process of the Returning Officer but also the correctness and merit of the decision itself. The Returning Officer, while exercising quasi-judicial power under Section 36(2) of the Act, must apply the statutory presumption of validity of nomination papers contained in the Election Commission Handbook, placing the burden on the objector to prove invalidity. The Returning Officer cannot shift this burden to the candidate. In an election petition, the High Court acts as a court of original jurisdiction conducting a civil trial, not as an appellate court merely reviewing the decision-making process. The High Court must frame issues, call for evidence from both parties, examine the veracity of rival claims, and decide the matter on merits. A statutory right of a party cannot be denied based on a wrong concession made by counsel.
On this section: Returning officer to inform about date, time and place of scrutiny
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 35
What have the courts held on Section 35 of the Representation of the People Act?
Uttamrao Shivdas Jankar vs Ranjitsinh Vijaysinh Mohite-patil (15 May 2009) is the leading judgment on this section among those set out below: Returning officer to inform about date, time and place of scrutiny.
How do I find court cases under Section 35 of the Representation of the People Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RP Act 1951 35, section 35 RP Act 1951, section 35 of the Representation of the People Act. People searching for it also type section 35 4 representation of the people act rpa 1983 and section 35 of the representation of the people act 1983. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Uttamrao Shivdas Jankar vs Ranjitsinh Vijaysinh Mohite-patil (15 May 2009).
What should I read with Section 35 of the Representation of the People Act, and has it changed?
Its own text turns on section 33 (Presentation of nomination paper and requirement for a valid nomination), so none of them can safely be read on its own. One instrument names it without being made under it, most recently The Conduct Of Election Rules,1961 (1961).
When did Section 35 of the Representation of the People Act come into force?
Section 35 of the Representation of the People Act, cited as RP Act 1951 35, came into force on 17 Jul 1951, having been enacted on 17 Jul 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 123. Corrupt practices1710 words
- 33. Presentation of nomination paper and requirement for a valid nomination1149 words
- 8. Disqualification on conviction for certain offences898 words
- 75A. Declaration of assets and liabilities659 words
- 39. Nomination of candidates at other elections632 words
- 36. Scrutiny of nominations596 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.