Scrutiny of nominations
Section 36 of the Representation of the People Act, 1951 deals with scrutiny of nominations. On the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents, one proposer of each candidate, and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the returning officer may appoint; The Act came into force on 17 Jul 1951.
(1) On the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents, one proposer 1*** of each candidate, and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 33.
(2) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, 2[reject] any nomination on any of the following grounds:
3[(a) 4that on the date fixed for the scrutiny of nominations the candidate] either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely:
Articles 84, 102, 173 and 191, 5***.
6[Part II of this Act and sections 4 and 14 of the Government of Union Territories Act, 1963 (20 of 1963)] 7***; or
(b) that there has been a failure to comply with any of the provisions of section 33 or section 34; or
(c) that the signature of the candidate or the proposer on the nomination paper is not genuine.]
(3) Nothing contained in 8[clause (b) or clause (c)] of sub-section (2) shall be deemed to authorise the 9[rejection] of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.
(4) The returning officer shall not reject any nomination paper on the ground of any 10*** defect which is not of a substantial character.
(5) The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 30 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control:
Provided that in case 11[an objection is raised by the returning officer or is made by any other person] the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned.
(6) The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.
12(7) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950).
(8) Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix it to his notice board.]
Section 36, 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
- Government of Union Territories Act s. 4
- Government of Union Territories Act s. 14 Disqualifications for membership
- Representation of the People Act s. 16 Disqualifications for registration in an electoral roll
- s. 30 Appointment of dates for nominations, etc
- s. 33 Presentation of nomination paper and requirement for a valid nomination
- s. 34 Deposits
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.
-
Resurgence India vs Election Commission of India
Court's Decision & Legal Precedent
Returning Officers have the statutory power and constitutional duty to reject nomination papers accompanied by affidavits with blank particulars because: (1) citizens have a fundamental right to know candidates' criminal antecedents, assets, liabilities, and educational qualifications under Article 19(1)(a); (2) filing affidavit with blank particulars renders it nugatory and defeats its purpose; (3) such blanks constitute defects of substantial character under Section 36(4) of the Representation of the People Act as they make verification of candidate qualifications impossible; (4) the PUCL judgment's restriction applies only to false information, not incomplete information; and (5) candidates must explicitly mark such fields as 'NIL', 'Not Applicable', or 'Not Known' rather than leaving them blank.
On this section: This section empowers Returning Officers to reject nomination papers on grounds including failure to comply with Section 33 requirements or for defects of substantial character. The Court clarified that rejection of nominations with incomplete affidavits falls within this power.
-
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: Persons allowed to attend scrutiny and examination of nomination papers
-
Sri Mairembam Prithviraj @ Prithibiraj Singh vs Shri Pukhrem Sharatchandra Singh
Court's Decision & Legal Precedent
When the nomination of a returned candidate is found to have been improperly accepted due to a substantial defect such as false declaration of educational qualification, and there are only two candidates contesting the election, it is not necessary for the election petitioner to separately plead and prove that the result of the election was materially affected by such improper acceptance. The material effect on the result is an obvious conclusion from the circumstances, because the returned candidate would not have been able to contest the election at all if his nomination had been properly rejected. Additionally, false declaration regarding educational qualification constitutes a defect of substantial character warranting rejection of nomination under Section 36(4) of the Representation of the People Act, 1951, as voters have a fundamental right to accurate information about candidates' qualifications.
On this section: Mandates that Returning Officer shall not reject nomination on ground of defect which is not of substantial character; critical provision for determining what constitutes rejectable defects
-
Sri Mairembam Prithviraj @ Prithibiraj Singh vs Shri Pukhrem Sharatchandra Singh
Court's Decision & Legal Precedent
When a candidate's nomination is improperly accepted due to false declaration of educational qualification, and there are only two candidates contesting for a single seat, the election of the returned candidate must be declared void without requiring further proof that the result was materially affected by such improper acceptance. A false declaration relating to educational qualification constitutes a defect of substantial character warranting rejection of nomination, as voters have a fundamental right to accurate information about candidates' qualifications. The distinction between improper acceptance of a returned candidate's nomination versus other candidates' nominations is critical: when the returned candidate's nomination is improperly accepted, no pleading or proof of material effect is necessary because the returned candidate would not have been able to contest the election but for such improper acceptance.
On this section: Mandates that Returning Officer shall not reject nomination on ground of any defect which is not of substantial character; applied to determine whether false educational declaration is substantial defect
-
Resurgence India vs Election Commission of India
Court's Decision & Legal Precedent
The voter has elementary right to know full particulars of candidate representing him in Parliament/Assemblies as natural right flowing from concept of democracy and integral part of Article 19(1)(a) of Constitution. Filing of affidavit with blank particulars renders affidavit nugatory and defeats purpose of disclosure requirement. Returning Officer has duty to check whether information required is fully furnished at time of filing affidavit with nomination paper, and if candidate fails to fill blanks even after reminder, nomination paper is fit to be rejected. Para 73 of People's Union for Civil Liberties case does not bar rejection of nomination paper when affidavit is filed with blank particulars. Candidate must explicitly remark as NIL, Not Applicable, or Not known in columns and not leave particulars blank.
On this section: Governs scrutiny of nomination papers by Returning Officer. Court held that Returning Officer has power to reject nomination papers on ground of failure to comply with Section 33 or 34, and can reject for defects of substantial character.
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
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 36
What have the courts held on Section 36 of the Representation of the People Act?
Resurgence India vs Election Commission of India (13 Sep 2013) is the leading judgment on this section among those set out below: This section empowers Returning Officers to reject nomination papers on grounds including failure to comply with Section 33 requirements or for defects of substantial character. The Court clarified that rejection of nominations with incomplete affidavits falls within this power. Another 4 judgments on this section are set out below, all of them from the Supreme Court. They run from 2009 to 2016.
How do I find court cases under Section 36 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 36, section 36 RP Act 1951, section 36 of the Representation of the People Act. People searching for it also type section 36 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. 5 reported judgments on this section are set out on this page, beginning with Resurgence India vs Election Commission of India (13 Sep 2013).
What should I read with Section 36 of the Representation of the People Act, and has it changed?
Its own text turns on Government of Union Territories Act 4, Government of Union Territories Act 14 (Disqualifications for membership), Representation of the People Act 16 (Disqualifications for registration in an electoral roll), section 30 (Appointment of dates for nominations, etc), and on 2 further provisions, so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently The Conduct of Assembly Elections (Sikkim) Rules, 1979 (1979), then The Conduct Of Election Rules,1961 (1961).
When did Section 36 of the Representation of the People Act come into force?
Section 36 of the Representation of the People Act, cited as RP Act 1951 36, 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
- 2. Interpretation564 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 15 Oct 2026. This page is not a substitute for legal advice.