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[Cites 0, Cited by 0] [Section 16] [Entire Act]

State of Telangana - Subsection

Section 16(2) in The Telangana Panchayat Raj (Conduct of Elections) Rules, 2018

(2)In respect of elections to the office of Member of Mandal Praja Parishad or the office of Member of Zilla Praja Parishad, -
(a)Where an independent candidate or a candidate of a Registered Political Party without a reserved symbol dies before the poll, it shall not be necessary to countermand the poll;
(b)If a candidate, set up by a recognised or registered political party with a reserved symbol -
(i)dies at any time after 10.00 AM on the last date of making nominations and his nomination is found valid on scrutiny under Rule 11;
(ii)whose nomination has been found valid on scrutiny under Rule 11 and who has not withdrawn his/her candidature under Rule 13 dies and in either case, a report of his/her death is received at any time before the preparation and publication of the list of contesting candidate under Rule 14; or
(iii)dies as a contesting candidate and a report of his death is received before the commencement of the poll;
The Returning Officer shall, upon being satisfied about the fact of the death of the candidate, by order, announce an adjournment of the poll to a date to be notified later and report the same to the State Election Commission, Election Authority and to the District Election Authority:Provided that no order adjourning a poll shall be made in a case referred to in sub-rule (1) and clause (a) of sub-rule (2) except after the scrutiny of all the nominations including the nomination of the deceased candidate.
(c)The State Election Commission shall, on receipt of a report from the Returning Officer under clause (b) of sub-rule (2), call upon the recognized or registered political party with a reserved symbol as the case may be, whose candidate has died, to nominate another candidate for the said poll within seven days of issue of such notice to such recognized or registered political party and the provisions of Section 198 and Rules 4 to 14 shall, so far as may be, apply in relation to such nomination as they would apply to other nominations;
Provided that no person who has given a notice of withdrawal of his candidature under sub-rule (1) of rule 13 before the adjournment of the poll shall be ineligible for being nominated as a candidate for the election after such adjournment.
(d)where a list of contesting candidates had been published under sub-rule (1) of rule 14 before the adjournment of the poll, the Returning Officer shall again prepare and publish a fresh list of contesting candidates under the aforesaid rule so as to include the name of the candidate who has been validly nominated.