Section 23(3) in The Rajasthan Medical Rules, 1957
(3)(a)When a candidate elected for a particular electorate by operation of sub-rule (1) happens subsequently to receive the highest number of valid votes of another electorate, he shall be allowed to choose for which of the two electorates he shall serve, and the choice once made by the candidate shall be final.(b)When a seat of particular electorate remains unfilled by the operation of this sub-rule or becomes vacant by the refusal of the elected candidates to serve, such refusal being signified before his name is published in the Rajasthan Gazette under rule 25, the seat may be filled by that one among the other candidates willing to accept office who has received the highest number of votes among unsuccessful candidates of the electorate affected at the election. If there is no unsuccessful candidate, a fresh election shall be held to fill the vacancy thus created.(c)The Returning Officer shall determine which candidate should be declared as elected under this sub-rule and announce the results as soon as possible after the counting of votes.(d)The declaration in this case may be made either in the presence of the candidates or their representatives if present or merely by notification in the Rajasthan Gazette under rule 25.
