SCHEDULE 1THE MAYORAL ELECTIONS RULES

PART IIISTAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Decisions as to validity of nomination papers10

1

Where a nomination paper and the candidate’s consent to it are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

a

the returning officer decides that the nomination paper is invalid, or

b

proof is given to the returning officer’s satisfaction of the candidate’s death, or

c

the candidate withdraws.

2

The returning officer is entitled to hold the nomination paper of a person invalid only on one of the following grounds—

a

that the particulars of the candidate or of the persons subscribing the paper are not as required by law; and

b

that the paper is not subscribed as so required.

3

Subject to paragraph (4), as soon as practicable after each nomination paper has been delivered, the returning officer shall examine it and decide whether the candidate has been validly nominated.

4

If the returning officer is of the opinion that a nomination paper contravenes rule 6(5), he shall give a decision to that effect as soon as practicable after the last time for the delivery of nomination papers.

5

Where the returning officer decides that a nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

6

The returning officer shall, as soon as practicable after making such a decision as is mentioned in paragraph (4) or (5), send notice of it to the candidate at his home address as given in his nomination paper.

7

The returning officer’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

8

Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.