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[Cites 0, Cited by 0] [Section 38] [Entire Act]

State of Madhya Pradesh - Subsection

Section 38(2) in The M.P. Nagarpalika Nirvachan Niyam, 1994

(2)If a candidate, set up by a recognised political party-
(a)dies at any time after 11 a.m. on the last dale of making nominations and his nomination is found valid on scrutiny under Rule 28; or
(b)whose nomination has been found valid on scrutiny under Rule 28 and who has not withdrawn his candidature under Rule 29 dies; and in cither case a report of his death is received at any time before the publication of the list of contesting candidates under Rule 32; 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 fact of the death of the candidate by order, countermand the poll and report the fact to the Election Commission through the District Election Officer :Provided that no order for countermanding a poll shall be made in case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the diseased candidate.