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4[158. Return or forfeiture of candidate's deposit.-

(1) The deposit made under section 34 or under that section read with sub-section (2) of section 39 shall either be returned to the person making it or his legal representative or be forfeited to the appropriate authority in accordance with the provisions of this section.

(2) Except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared.

(3) If the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be.

(4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the total number of valid votes polled by all the candidates or in the case of election of more than one member at the election, one-sixth of the total number of valid votes so polled divided by the number of members to be elected:

Provided that where at an election held in, accordance with the system of proportional representation by means of the single transferable vote, a candidate is not elected, the deposit made by him shall be forfeited if he does not get more than one-sixth of the number of votes prescribed in this behalf as sufficient to secure the return of a candidate.

(5)Notwithstanding anything in sub-sections (2), (3) and (4),-

(a) if at a general election, the candidate is a contesting candidate in more than one Parliamentary constituency or in more than one assembly constituency, not more than one of the deposits shall be returned, and the other shall be forfeited.]

(b) if the candidate is a contesting candidate at an election in more than one council constituency or at an election in a Council constituency and at an election by the members of the State Legislative Assembly to fill seats in the Legislative Council, not more than one of the deposits shall be returned, and the others shall be forfeited.]

1. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

2. The words "or the Rajpramukh, as the case may be" omitted by the Adaptation of Laws (No.2) Order, 1956, ibid. 3. Subs. by Act 27 of 1956, s. 79, for "section 75" (w.e.f. 28-8-1956).

4. Subs. by Act 58 of 1958, s. 39, for section 158 (w.e.f. 30-12-1958).



Representation of the people (Miscellaneous Provisions) Act, 1956 Back




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