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State of West Bengal - Section

Section 58 in The West Bengal Municipal Elections Act, 1994

58. Procedure in contested and uncontested elections. -

(1)If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.
(2)If the number of such candidates is equal to the number of seats to be filled, the Municipal Returning Officer shall forthwith declare all such candidates to be duly elected to fill those seats.
(3)If the number of such candidates is less than the number of seats to be filled, the Municipal Returning Officer shall forthwith declare all such candidates to be elected and the Commission shall, by notification, call upon the constituency to elect a person or persons to fill the remaining seat or seats:Provided that where the constituency having already been called upon under this sub-section, has failed to elect a person or the requisite number of persons, as the case may be, to fill the vacancy or vacancies, the Commission shall not be bound to call again upon the constituency to elect a person or persons until it is satisfied that if called upon again, there will be no such failure on the part of the constituency.