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The Elections Act 2017 QUESTION #9434
Question 1
Under Section 62(9)(c), a Returning Officer may reject a nomination paper if the candidate has submitted a declaration or statement which is false or incorrect 'in any material particular'. However, Section 62(10) provides an exception: a nomination paper shall NOT be rejected on the ground of default in payment of loans, taxes or government dues if:
  • The candidate has obtained a stay order from a court
  • The candidate deposits such amount of which he was unaware at the time of filing of his nomination paper✔️
  • The default is less than Rs. 100,000
  • The candidate provides a surety bond
Correct Answer Explanation
Section 62(10) states: 'where a candidate deposits any amount of loan, tax or government dues and utility expenses payable by him of which he is unaware at the time of filing of his nomination paper, such nomination paper shall not be rejected on the ground of default in payment of such loan, taxes or government dues and utility expenses.'