FAX / WIRELESS MESSAGE


FROM
SECRETARY
ELECTION COMMISSION OF INDIA
NEW DELHI-110 001



TO
CHIEF ELECTORAL OFFICERS OF ALL
STATES AND UNION TERRITORIES.


SUBJECT: SCRUTINY OF NOMINATION PAPERS – FILING OF AFFIDAVIT ABOUT CONVICTIONS, IF ANY.NO.576/3//98/ JUD.II DATED 03.02.1998


AS YOU KNOW(,) ALL CANDIDATES HAVE BEEN ASKED TO FILE AN AFFIDAVIT TO ENSURE THAT CONVICTED PERSONS TO WHOM PROVISIONS OF SECTION 8 OF REPRESENTATION OF THE PEOPLE ACT, 1951 ARE APPLICABLE DO NOT ENTER INTO THE ELECTORAL FRAY(.) SOLE INTENTION OF THE EXERCISE IS TO WEED OUT CONVICTED CRIMINALS FROM CONTESTING ELECTIONS(.) THE AFFIDAVIT IS NOT AN INTEGRAL PART OF THE PRESCRIBED NOMINATION PAPER(.) NOMINATION PAPER SHOULD NOT BE REJECTED MERELY ON THE GROUND THAT THE CANDIDATE HAS FILED AN INCOMPLETE OR TECHNICALLY INCORRECT AFFIDAVIT(.) COMMISSION HAS CLARIFIED THAT IN THE CASE OF A TECHNICALLY INCOMPLETE / INCORRECT AFFIDAVIT HAVING BEEN FILED THE PERSON FILING NOMINATION SHOULD BE GIVEN TIME AND OPPORTUNITY TO REMOVE ANY TECHNICAL DEFECT IN HIS AFFIDAVIT OR TO FILE A TECHNICALLY CORRECT AFFIDAVIT(,) IF AND AS REQUIRED(,) EVEN DURING THE PROCESS OF SCRUTINY WHICH CAN BE TEMPORARILY ADJOURNED IN HIS CASE FOR THE PURPOSE(.) IN CASE A COPY OF PROFORMA OF AFFIDAVIT IS REQUESTED DURING SCRUTINY THE SAME MAY BE PROVIDED TO THE PERSON ALONG WITH TIME AND OPPORTUNITY TO COMPLETE AND FILE THE SAME(.) IT IS ONLY WILFUL DEFIANCE AND REFUSAL TO FILE THE AFFIDAVIT WHICH WILL RESULT IN REJECTION OF NOMINATION(.) IF ANY WRONG AFFIDAVIT IS FILED(,) THAT WILL BE DEALT WITH SEPARATELY UNDER THE RELEVANT LAW(.)

THE CONTENTS OF THE ABOVE MESSAGE MAY PLEASE BE BROUGHT TO THE NOTICE OF ALL THE RETURNING OFFICERS IMMEDIATELY(.)

Not to be transmitted

Date 03.02.1998.



(K.J. RAO)
SECRETARY


Copy by post in confirmation, forwarded to the Chief
Electoral Officers of all States and Union Territories.



(K.J.RAO)
SECRETARY


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