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State of Rajasthan - Section

Section 56 in The Rajasthan Municipalities (Election) Rules, 1994

56. [ Adjournment of poll on the death of a candidate. [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).]

(1)If a candidate set up by a recognised political party.-
(a)dies at any time after 11.00 A.M. on the last date for making nominations and his nomination is found valid on scrutiny under rule 13; or
(b)whose nomination has been found valid on scrutiny under rule 13 and who has not with drawn his candidature under rule 16, dies;
and in either case, a report of his death is received at any time before the publication of the list of contesting candidates under rule 21; or
(c)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 facts of the death of the candidate, by order, announce an adjournment of the poll to a date to be notified later, and report the fact to the State Election Commission and also to State Government in Local Self Government Department:Provided that no order for adjourning a poll should be made in a case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate.
(2)The State Election Commission shall on receipt of a report from the Returning Officer under sub-rule (1), call upon the recognised political party, whose candidate has died, to nominate another candidate for the said poll within five days of issue of such notice to such recognised political party and the provisions of rule 10 to 16 and 20 to 22 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 Rile 16 before the adjournment of the poll shall be ineligible for being nominated as a candidate for the election after such adjournment.
(3)Where a list of contesting candidates had been published under rule 21 before the adjournment of the poll under sub-rule (1), the returning officer shall again prepare and publish a fresh list of contesting candidates under that rule so as to include the name of the candidate who has been validly nominated under sub-Rile (2).Explanation. - "recognised political party" means a political party recognised by the Election Commission of India under the Election Symbols (Reservation and Allotment) Order, 1968].