Section 53 in Greater Hyderabad Municipal Corporation Act, 1955
53. [ Death of candidate of recognised or registered Political Party before poll. [Section 53 substituted with marginal heading by Act No.28 of 2005.]
(1)If a candidate set up by a recognised political party or a candidate set up by a registered political party to whom a symbol is reserved by the State Election Commission,-(a)dies at any time after 10.00 A.M. on the last date for making nominations and his nomination is found valid on scrutiny under section 39; or(b)whose nomination has been found valid on scrutiny under section 39 and who has not withdrawn his candidature under section 40, dies, and in either case, a report of his death is received at any time before the publication of the list of contesting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 section 41; 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, announce an adjoumment of the poll to a date to be notified later and report the fact to the State Election Commission and to the election authority: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 the receipt of a report from the Returning Officer under sub-section (1), call upon the recognized or registered political party, 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 sections 33 to 41 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-section (1) of section 40 before the adjoumment 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 section 41 before the adjournment of the poll under sub-section (1), the Returning Officer shall again prepare and publish a fresh list of contesting candidates under that section so as to include the name of the candidate who has been validly nominated under subsection (2).]
