35. [Nomination on failure of election, and dereservation in certain cases.] [Substituted vide Orissa Act No. 4. of 2001 (O.G.E. No. 994 dated 28.5.2001).]
- [(1)] [Re-numbered vide Orissa Act No. 4. of 2001 (O.G.E. No. 994 dated 28.5.2001).] If for any reason whatsoever the electorate fails to return a member in accordance with the provisions of Clause (a) of Sub-section (1) and Sub-section (3) of Section 6, a fresh election shall be held in respect of the vacancy on such date and in such manner as may be prescribed and in case the electorate still fails to return a member after such fresh election, the Government shall nominate a person who is otherwise eligible to be elected and the person so nominated shall, subject to the provisions of Sub-section (2) of Section 33, be deemed to have been validly and properly elected.(2)[ Where the seat of any member is reserved under Sub-section (3) of Section 6 for any particular category and the Government fails to nominate under Sub-section (1) a person to such seat for non-availability of any eligible person belonging to that category, such seat shall, on recommendation being made to that effect by the Collector, be dereserved by the Government after such enquiry as it may deem fit and shall, thereafter, be filled up by fresh election.] [Inserted vide Orissa Act No. 4 of 2001 (O.G.E. No. 994 dated 28.5.2001).]
