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1.
| The Chief Election Commissioner (hereinafter referred to
as the Commissioner) shall hold and conduct election to the
office of President and shall be the Returning Officer for the
election. |
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2.
| The Commissioner shall, by notification in the official
Gazette, fix-
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(a)
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The date, time and place for nomination of
candidates, and for scrutiny of nomination
papers;
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(b)
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the final date for withdrawal of candidature;
and
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(c)
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the date, time and place for taking of poll. |
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3.
| At any time before noon on the day fixed for nomination,
any member of either House may nominate for election as
President a person qualified for election as President by
delivering to the Commissioner, or in his absence to the
Secretary to the Election Commission, a nomination paper signed
by himself as proposer and another member of either House as seconder, together with a statement signed by the person nominated
that he consents to the nomination; provided that no person shall subscribe, whether as proposer or seconder, more than one
nomination paper at any one election, and if any person subscribes more than one nomination paper, whether as proposer or
as seconder, all the nomination papers so subscribed shall be invalid. |
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4.
| Scrutiny of nomination papers shall be conducted by the Commissioner at the place and time and on the date fixed for the purpose.
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5.
| Each candidate, or his authorised agent, shall be entitled to attend the proceedings for scrutiny of nomination papers and
to raise objections in respect of nomination papers of other candidates. |
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6.
| A candidate whose nomination paper has been found to be in order may withdraw his candidature at any time before noon on
the last day fixed for the purpose by delivering a notice in writing under his hand to the Commissioner, or in his absence
to the Secretary to the Election Commission, at the place where the nomination paper was received. |
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7.
| If all but one of the candidates have withdrawn, that one shall be declared by the Commissioner to be elected. |
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8.
| If no validly nominated candidate remains in the field after withdrawals have taken place, all the proceedings in relation
to the election shall commence afresh. |
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9.
| If a validly nominated candidate who has not withdrawn his candidature dies before the commencement of the poll, the Commissioner
shall countermand the poll and all proceedings in relation to the election shall commence in all respects as if for a new
election:
Provided that no fresh nomination shall be necessary in the case of a person whose nomination was valid at the time of the countermanding
of the poll: Provided further that no person who had withdrawn his candidature before the countermanding of the poll shall
be ineligible for being nominated as a candidate for the election after such countermanding.
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10.
| If there is no withdrawal, or if, after withdrawals have taken place, two or more candidates are left in the field, the Commission
shall, by public notification, announce forthwith the names of the candidates as validly nominated candidates and shall proceed
to hold a poll in accordance with the provisions of the succeeding paragraphs of this Schedule. |
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11.
| On the request of the Commissioner, the Speaker shall summon Parliament to meet in a joint sitting at the place and time and.on
the date fixed for the purpose of taking of poll. |
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12.
| The Commissioner shall appoint a Presiding Officer to conduct the poll. |
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13.
| The poll shall be by secret ballot. |
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14.
| The Commissioner shall furnish the Presiding Officer with a complete list of members of both Houses (each such member being
hereinafter referred to as voter ) entitled to vote at the poll. |
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15.
| The ballot papers, with their counterfoils, shall be bound in the form of a book. Serial numbers shall appear only on the
counterfoils. Ballot papers so bound shall be sent to the Presiding Officer. |
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16.
| Every ballot paper shall bear the names of all the validly nominated candidates in alphabetical order. A ballot paper, authenticated
by the initials of the Presiding Officer, shall be issued by the Presiding Officer to a voter upon due identification and
the name of the voter to whom the ballot paper is issued shall be noted on the counterfoil. The voter shall exercise his vote
by placing a cross-mark against the name of the candidate for whom he wishes to vote. |
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17.
| The ballot paper having been marked by the voter shall be inserted by that voter in a ballot box placed in front of the Presiding
Officer. |
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18.
| If a ballot paper is spoiled by a voter, he may return it to the Presiding Officer who shall issue to the voter a second ballot
paper after cancelling the first paper and marking the cancellation at the appropriate counterfoil. |
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19.
| A ballot paper shall be invalid if-
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(i)
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there appears on it any writing or mark by which the voter may be identified; or |
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(ii)
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it does not bear the initials of the Presiding Officer; or |
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(iii)
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it does not contain a cross-mark against the name of any candidate; or |
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(iv)
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a cross-mark is placed against the names of two or more candidates; or |
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(v)
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there is any uncertainty as to the candidate against whose name the cross-mark is placed. |
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20.
| After the close of the poll, the Presiding Officer shall, in the presence of such of the candidates or their authorised agents
as may desire to be present, open and empty the ballot box, count the number of votes recorded for each candidate and transmit
the ballot papers, together with a covering note giving the count of ballot papers, to the Commissioner. |
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21.
| The Commissioner shall, in the presence of such of the candidates or their authorised agents as may desire to be present,
examine the ballot papers, rejecting any which are invalid, and count the number of votes recorded for each candidate. |
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22.
| If there are only two candidates, the candidate who has secured the larger number of votes shall be declared by the Commissioner
to be elected. |
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23.
| If there are three or more candidates and one of them has secured a larger number of votes than the aggregate number of votes
secured by the rest of the candidates, he shall be declared by the Commissioner to be elected. |
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24.
| If there are three or more candidates and no candidate has secured the number of votes specified in the last preceding paragraph,
a fresh poll shall be held in accordance with the preceding provisions of this Schedule, at which the candidate who secured
the smallest number of votes at the last poll shall be eliminated, and the process shall be repeated until one candidate secures
more votes than the remaining candidate or the aggregate votes of the remaining candidates. |
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25.
| When determined, the result of election shall forthwith be reported by the Commissioner to the Federal Government who shall
forthwith cause it to be notified in the official Gazette. |
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26.
| The Commissioner with the approval of the President may, by notification in the official Gazette, make rules for carrying
out the purposes of this schedule. |
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