What to do in Cancellation of Nomination Paper 2024

The democratic process in Bangladesh relies heavily on the nomination of candidates, a crucial step in ensuring fair and free elections. However, there are instances where nomination papers may face cancellation by the Returning Officer. Understanding the process and available remedies under the Bangladesh Election Commission is essential for individuals affected by such decisions.

 

Grounds for Election Nomination Paper Cancellation

The Representation of the People Order, 1972, lays down specific grounds for rejecting nomination papers. Importantly, rejecting one nomination paper does not invalidate other valid nominations. The Returning Officer is prohibited from rejecting a nomination on non-substantial grounds and may allow remediation of defects immediately. Additionally, the correctness or validity of entries in the electoral roll is not subject to inquiry.

 

Scrutiny Process

The Returning Officer plays a pivotal role in the scrutiny process. After reviewing nomination papers, the officer endorses a decision, either accepting or rejecting the nomination. It’s crucial to note that the rejection of a nomination can be appealed.

 

What should be done in the Cancellation of Nomination Paper?

In the event of nomination paper cancellation in Bangladesh, candidates should promptly appeal the decision to the Election Commission within three days, following a specific procedure outlined in a memorandum that includes grounds for appeal and a certified copy of the rejection order. Seeking legal advice from experienced professionals, such as Counsels Law Partners (CLP), can aid individuals in understanding intricacies, identifying specific grounds, and preparing a robust appeal for fair consideration.

Need Any Help Regarding Nomination Paper Cancellation?

Appeal Process to Election Commission

Upon rejecting a nomination paper, the candidate receives an official notification outlining the reasons for rejection. Understanding these grounds is the first step in preparing an appeal. Appeal Process to Election Commission

1. Timeframe for Filing an Appeal: If a candidate is dissatisfied with the Returning Officer’s decision when selecting nomination papers under clause (5) of section 14, they must appeal within 3 (three) days after selecting them.
2. Authorized Appellant: The appeal may be filed by the candidate personally or by any person authorized in writing for this purpose.
3. Filing the Appeal: Prepare an appeal in a memorandum form and include the following details:

• Date of acceptance or rejection of the nomination paper.
• A statement containing the grounds of the appeal.
• Attach a certified copy of the impugned order.

4. Submission to the Commission: File the appeal with the Secretary of the Commission Secretariat by addressing the Commission.
5. Document Copies and Memorandum: Submit five copies, including one original copy of the appeal filed as a memorandum.
6. Commission Review: The Election Commission shall dispose of the appeal summarily or in a manner it deems fit.
7. Amendment of Candidate List: If the appeal is allowed, the list of validly nominated candidates shall be amended by order of the Commission.

 

What is your query? Here are the answers 

1. What are the grounds for rejecting nomination papers in Bangladesh elections?

The Representation of the People Order, 1972 outlines the grounds for rejecting nomination papers, which focuses on substantial grounds and the prohibition of rejection on non-substantial grounds.

2. How does the scrutiny process work in the nomination of candidates?

The Returning Officer is pivotal in scrutinizing nomination papers and deciding on acceptance or rejection. Rejected nominations can be appealed.

3. What is the timeframe for filing an appeal after rejecting a nomination paper?

Candidates dissatisfied with a Returning Officer’s decision must file an appeal within three days after the rejection of their nomination.

4. Who can file an appeal for a candidate whose nomination has been rejected?

The appeal may be filed by the candidate personally or by anyone authorized in writing.

5. What information should be included in the appeal memorandum to the Election Commission?

The appeal memorandum should include the date of acceptance or rejection of the nomination paper, a statement containing the grounds of the appeal, and a certified copy of the impugned order.

6. What action does the Election Commission take upon receiving an appeal?

The Election Commission reviews and disposes of the appeal summarily or in a manner it deems fit, with the potential amendment of the list of validly nominated candidates if the appeal is allowed.

7. Regarding rejecting the nomination paper, how can legal assistance be sought in Bangladesh?

Individuals facing nomination paper rejection can seek legal counsel from Counsels Law Partners (CLP), a prominent law chamber in Gulshan, Dhaka, offering assistance in understanding rejection intricacies and preparing a strong appeal.

 

Legal Advice concerning Cancellation of Nomination Paper by CLP

 

Facing nomination paper rejection? Seek counsel at Counsels Law Partners (CLP), a leading law chamber in Gulshan, Dhaka, Bangladesh. The experienced Barristers, Advocates, and legal experts at CLP can help you understand rejection intricacies, identify specific grounds, and prepare a strong appeal. For any queries or legal assistance, please reach us at

• E-mail: info@counselslaw.com or urgent@counselslaw.com
• Phone: +8801700920980.  +8801947470606.
• Address: Jamilla Villa (3rd Floor), Flat No-C2, House No. 4/A/1, Road No. 02, Gulshan-1, Dhaka-1212.