Section 26 in The Orissa Municipal Corporation (Division of City into Wards, Reservation of Seats, and Conduct of Election) Rules, 2003
26. Candidate depositing money.
(1)On or before the date appointed for the presentation of nomination papers, each candidate wishing to stand for election to a Corporation shall deposit or cause to be deposited with the Election Officer in cash a sum of rupees two hundred fifty. No candidate shall be deemed to be duly nominated for any ward in respect of which such deposit has not been made. A candidate is required to deposit separately in respect of each ward he wishes to stand.Explanation The delivery to the Election Officer of a receipt from a Government treasury in the district evidencing the payment by or on behalf of a candidate to the credit of the Municipal Corporation of the amount required to be deposited under this Sub-rule shall be deemed to be a deposit of such amount within the meaning of this Sub-rule made by or on behalf of such candidates at the time of such delivery.(2)If a candidate by whom or on whose behalf the deposit referred to in Sub-rule (1) has been made, withdraws his candidature in the manner and within the time specified in Sub-rule (1) of rule 30 or if the nomination of any such candidate is rejected, the deposit shall be returned to the person toy whom it was made and if any candidate dies before the commencement of the poll, any such deposit if made by him, shall be returned to his legal representative or if not made by the candidate shall be returned to the person by whom it was made.(3)If a candidate by whom or on whose behalf the deposit referred to in Sub-rule (1) has been made is not elected and the number of votes polled by him is less than ten percent of the votes polled, the deposit shall be forfeited to the Corporation.Explanation :- For the purpose of this Sub-rule (3) the number of votes polled shall be deemed to be the number of ballot paper other than spoiled ballot papers, counted.(4)The deposit made in respect of a candidate who is elected shall be so returned as soon as may be after the candidate has taken his seat in the Corporation or in pursuance of a direction by the State Government for the return of the deposit for the reason that the seat has not been so taken by the candidate.(5)Notwithstanding anything contained in Sub-rules (2) and (4) where a candidate is duly nominated in more than one ward, not more than one of the deposits made by him or on his behalf shall be returned and the remainder shall be forfeited to the Corporation.Explanation :- A candidate is said to be duly nominated, within the meaning of this Sub-rule, in any ward if his nomination therefor is not rejected under Sub-rule (2) of rule 28 notwithstanding the fact that he withdraws his candidature for such ward within the time specified in Sub-rule (1) of rule 30 or dies before the commencement of the poll therein.(6)A deposit required to be returned to any person under Sub-rule (2) and Sub-rule (4), shall, if such person is dead, be returned to his legal representative.(7)Notwithstanding anything contained in this rule, a deposit made under Sub-rule (1) shall not be returned unless a claim therefor is preferred by the person who made the deposit or by his legal representative as the case may be, within six months of the date of the declaration of the results of the election by the Election Officer or where such declaration is made on two different dates within six months of the latter of such dates.
