paper if the candidate
does not meet the qualifications or
procedural requirements specified for election to that office.
(3)
The information contained in a nomination paper and affidavit shall
be published by the Electoral Commission, as prescribed,
(4)
A person may challenge, before a court or tribunal, as prescribed,
the nomination of a candidate within seven days of the close of
nomination and the court shall hear the case within twenty-one
days of its lodgement.
(5)
The processes specified in clauses (1) to (4) shall be completed at
least thirty days before a general election.
(6)
Where a candidate dies, resigns or becomes disqualified in
accordance with Article 70, 100 or 153 or a court disqualifies a
candidate for corruption or malpractice, after the close of
nominations and before the election date, the Electoral
Commission shall cancel the election and require the filing of fresh
nominations by eligible candidates and elections shall be held
within thirty days of the filing of the fresh nominations, (emphasis
added)
[47] Article 52 generally provides for the nomination process which
is an indispensable step in the electoral process. From clause (1) it
is clear that Article 52 applies to all candidates vying for positions
of President,
Member of Parliament, Mayor and Councillor.
Prospective candidates officially make known their intention to
contest in upcoming elections by filing nomination papers and
affidavits with the returning officer. The nomination papers and
affidavits are
prescribed
in the
Electoral
Process (General)
Regulations, 2016.
[48] With respect to presidential candidates, the nomination paper
and affidavit take the formats set out in GEN 2 and GEN 4 forms,
respectively, of the schedule to the Electoral Process (General)
J2O
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