First instance body dealing with electoral disputes

Bhutan Election Act

CHAPTER 12

NOMINATIONS ANDWITHDRAWAL OF

CANDIDATURES

Scrutiny of Nominations

[...]

218. The ReturningOfficer shall examine the nomination papers of each candidate and decide allobjections which may be made to any nomination and may, either on such objectionor on his/her own motion, after a summary inquiry, reject any nomination on theground that: […]

221. The candidate concernedshall, in the case wherein an

objection is raised by theReturning Officer or by any

other person in relation tothe nomination of a candidate,

be allowed time to rebut itnot later than 12 p.m. on that

fixed date for the withdrawal of candidature.

222. The ReturningOfficer shall endorse on each nomination paper his/her decision accepting orrejecting the same in writing stating his/her reasons for such acceptance orrejection.

Appeals fromOrders of Returning Officers

237. An appeal canbe made from every order of the Returning Officer accepting or rejecting anomination under section 222 to the Election Commission.

238. An appeal maybe filed either by the candidate whose nomination has been rejected or by thecandidate whose objection in relation to the nomination of a rival candidate wasnot accepted by the Returning Officer.

239. An appealshall be presented to the appellate authority within ten days from the date ofthe order appealed from.

Provided that theappellate authority may condone the delay in the presentation of appeal if itis satisfied that the appellant had sufficient cause for not presenting itwithin the time prescribed.

240. An appealshall be:

(a) Made in the formof a memorandum signed by the

appellant statingthe grounds on which the appeal is

based;

(b) Accompanied bya true copy of the order; and

(c) Accompanied bytrue copies of all documents in support of his/her appeal.

241. The appellateauthority shall, upon holding an inquiry or hearing as deemed appropriate, makeevery endeavor to decide the appeal within five days of its receipt.

242. The decisionof the appellate authority shall be final and binding during the period ofelections.

Source: http://www.election-bhutan.org.bt/wpcontent/uploads/2013/04/ElectionActEnglish.pdf