The Representation of the Peoples Act

Querist : Anonymous (Querist) 11 August 2010 This query is : Resolved
Hello Experts.

My query is as follows:

If an independent candidate dies after the date of withdrawal of nomination and before 20 days of the Poll yet his name appears in the list of contesting candidates:

(a) what is the duty of the Returning Officer?

(b) what will be the effect on the result of the election?

(c) what will happen to the votes casted in favour of the dead candidate?

I shall be grateful if some case laws on the issue is given.

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Arvind Singh Chauhan (Expert) 12 August 2010
No case law is required as it is itself a gross irregularity on the part of returning officer. In such situation election petition may lie and election may be cancelled and re lection may be ordered.

If there is a margin of votes only the votes, as the dead candidate got. These votes may be casted in favour of loosing candidate.

Querist : Anonymous (Querist) 12 August 2010
Dear Mr.Arvind.

Thanks a lot for attending my query. I shall be grateful if you let me know under what provision of the Representation of the Peoples Act the election may be cancelled and re-election may be ordered.

Arvind Singh Chauhan (Expert) 14 August 2010
Sir at first you didn't mention the Election of which body?

Kindly go through the Sec 52 of Representation of people Act 1951 which say, in such situation where candidate dies after the date of withdrawal, election shall be commenced as a new in all respect.

Go through the Sec 98 Court may do all which you wish in your query.

If the election is of local bodies, it shall be governed by respective rules framed by respective states.

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