The nomination of the candidate is rejected.
Explanation
Under the Representation of the People Act, 1951, and subsequent Supreme Court judgments (notably Union of India v. Association for Democratic Reforms, 2002 and Resurgence India v. Election Commission of India, 2013), it is mandatory for candidates to file an affidavit (Form 26) disclosing criminal antecedents, assets, liabilities, and educational qualifications at the time of filing nomination papers.Analysis:
- Rejection of Nomination: The Returning Officer scrutinizes nomination papers under Section 36 of the Representation of the People Act, 1951. If the affidavit is not filed, or if substantial defects exist (such as leaving mandatory columns blank), the nomination is deemed invalid and is rejected.
- The candidate is debarred from campaigning. is incorrect: Debarment from campaigning is typically a sanction imposed by the Election Commission for violations of the Model Code of Conduct, not for technical defects in nomination filings.
- The candidate is declared elected unopposed. is incorrect: A candidate is declared elected unopposed only if they are the sole validly nominated candidate remaining after the withdrawal process. Rejection of nomination eliminates the candidate from the contest entirely.
- The candidate is allowed to contest as an Independent. is incorrect: The legal requirement to declare assets and criminal antecedents applies to all candidates, including Independents. Being an Independent does not exempt a candidate from these mandatory disclosures.
Key Takeaway: The disclosure of assets and criminal antecedents via affidavit is a mandatory requirement for the validity of a nomination; failure to comply results in the rejection of the candidate's nomination paper during scrutiny.