Procedure for withdrawal
Procedure for withdrawal
WITHDRAWAL OF CANDIDATURES
1) Any candidate may withdraw his candidature by giving a notice to Returning Officer in Form 5 (Conduct of Elections Rules, 1961) signed by him and delivered before 3 o’clock in the afternoon of the last date fixed for such withdrawal. Any withdrawal after that hour is invalid and has no legal effect.
2) Every notice of withdrawal must be delivered to Returning Officer by (i) the candidate, or (ii) any of his proposers, or (iii) his election agent. If the proposer or the election agent is submitting the withdrawal notice, than along with the withdrawal notice duly signed by the candidate, they should also submit a written authorization from the candidate authorizing the proposer or the election agent to submit the notice. If there is no such authority or if the person so authorized by the candidate is neither his proposer nor his election agent, the withdrawal is of no effect and must be ignored.
3) The candidate set up by registered un-recognized political parties and independent candidates may authorize any one of his proposers to deliver his notice of withdrawal to Returning Officer. Lastly, withdrawal notice must be presented necessarily by any of the above-mentioned persons in person and cannot be sent or communicated in any other manner.
4) The notice of withdrawal should neither be delivered to, nor be received by Returning Officer, on a day, which is a public holiday, as defined in Section 2 (1) (h) of the R. P. Act, 1951.
5) A candidate can give notice of withdrawal only after the scrutiny of nominations is over; such notice can be given on the date of scrutiny after the scrutiny is over or on the next day, if it is not a public holiday, or, on the second day after the date of scrutiny in terms of Section 37 of R. P. Act 1951, and if the second day is a public holiday, then on the next succeeding day which is not a public holiday.
6) The notice of withdrawal can be delivered before three o’ clock in the afternoon of the last date fixed for the withdrawal of candidatures. On the day of scrutiny of nominations and the next day, if it is not public holiday, such notices can be delivered during the normal working hours of the Returning Officer’s office, that is to say, even before 11.00 A.M. or after 3.00 P.M.
7) Once a candidate has validly withdrawn, he cannot be allowed to cancel such withdrawal and continue as a candidate [Section 37(2) of the R. P. Act, 1951].
8) As soon as any valid notice of withdrawal is received by Returning Officer, he will publish as notice thereof in Form 6 (Conduct of Elections Rules, 1961) on his notice board.
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