included in the final list of voters and that his name has been included in the final list of voters. SubRule (1) of Rule 18 of the Rules provides that any person may be nominated as a candidate for election to fill a seat, if he is qualified to be chosen to fill that seat under the provisions of the Act, Rules or byelaws and his name is entered into the list of voters. Therefore, subject to applying other procedure and passing a resolution etc. by a Primary Society, once name of the candidate is included in the final list of voters as delegate of the said Primary Society, he is entitled to be nominated as a candidate for election to fill a seat of a Specified Society. Even as per subRule (7) of Rule 23, production of a certified copy of entry made in the voters’ list of the relevant constituency shall be conclusive evidence of the right of any voter named in that entry to stand for election unless it is proved that the candidate is disqualified. Therefore, on conjoint reading of the aforesaid Rules and the scheme of the statutory provisions, it is to be concluded that at the time of scrutiny of nomination papers under Rule 23, the Returning Officer has no jurisdiction and/or authority to decide the objections which may be of any nomination on the ground that such a candidate is disqualified to become the member of a Primary Society under the Act, Rules or byelaws. Any contrary interpretation would be expanding
