Section 38 in The M.P. Nagarpalika Nirvachan Niyam, 1994
38. Death of candidates before poll.
(1)Poll shall not be countermanded due to death of a contesting candidate who has not been set up by a recognised political party before the commencement of poll, except when as a result of such death there remains only one candidate in the fray, in which case the Returning Officer shall, upon being satisfied of the fact of the death of the candidate countermand the poll and report the fact to the Election Commission through the District Election Officer.(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valid on scrutiny under Rule 28; or(b)whose nomination has been found valid on scrutiny under Rule 28 and who has not withdrawn his candidature under Rule 29 dies; and in cither case a report of his death is received at any time before the publication of the list of contesting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.(3)When a poll is countermanded under sub-rule (1) or sub-rule (2), all proceedings with reference to the election shall be commenced afresh in all respects as if for a new election in accordance with the rules hereinbefore :Provided that :(i)no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll; and(ii)no person who has given an application of withdrawal of his candidature under sub-rule (1) of Rule 29 before the countermanding of the poll, shall be ineligible for being nominated as a candidate for the election after such countermanding.
