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State of Andhra Pradesh - Section

Section 10 in Andhra Pradesh Municipalities (Conduct of Election of Members) Rules, 2005

10. Deposits.

(1)The State Election Commission, may before every ordinary elections by notification, specify amounts of deposit which each candidate wishing to stand for election as member shall make and different amounts may be specified for different categories of candidates. At or before the time of presentation of his nomination paper or papers, each candidate shall remit or cause to be remitted the amount of deposit, as may be specified, in any Government Treasury or Bank or in cash with the Election Officer. No candidate shall be deemed to be duly nominated, unless the deposit as aforesaid has been made. Explanation: The delivery of a receipt to the Election Officer from any Government Treasury or Bank wherein the Municipality has an account, evidencing the payment by or on behalf of a candidate, to the credit of the Municipality of the amount required to be deposited under this sub-rule shall be deemed to be a deposit of such amount within the meaning of this sub-rule made by or on behalf of such candidate at the time of such delivery.
(2)If no nomination paper is received within the time appointed in that behalf in respect of any person by whom or on whose behalf the deposit referred to in sub-rule (1) has been made or if the nomination of any such person is rejected or if he withdraws his candidature in the manner and within the time specified, the deposit shall be refunded to the person by whom it was made and if any candidate dies before the commencement of the poll, any such deposit if made by him shall be refunded to his legal representative or if not made by the candidate, shall be refunded to the person by whom it was made or to his legal representative.
(3)If a candidate by whom or on whose behalf the deposit referred to in sub-rule (1) has been made is not elected and the number of valid votes polled by him does not exceed one sixth of the valid votes poled, the deposit shall be forfeited to the Municipality.
(4)For the purposes of sub-rule (3) the number of valid votes polled shall be deemed to be the number of ballot papers, other than spoilt ballot papers counted.
(5)The deposits which are not forfeited under sub-rule (3) shall be refunded to the candidates or to the persons who have made the deposits on their behalf as the case may be as soon as may be after the declaration of the result of the election.
(6)Notwithstanding anything contained in sub-rules (2) and (5) where deposits have been made by or on behalf of a candidate in respect of two or more seats not more than one of the deposits shall be returned and the remainder shall be forfeited to the Municipality irrespective of the fact whether nominations were received from the candidate for the seat or not.
(7)Notwithstanding anything contained in this rule, a deposit made under sub-rule (1) shall not be refunded unless a claim therefore is delivered or sent by post to the Election Officer by the person who made the deposit or by his legal representative, as the case may be, within six months of the date of declaration of the result.