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State of Jammu-Kashmir - Section

Section 62 in The Jammu and Kashmir Representation of the People Act, 1957

62. Procedure in contesting and un-contesting elections.

(1)If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.
(2)If the number of such candidates is equal to the number of seats to be filled, the Returning Officer shall forthwith declare all such candidates to be duly elected to fill those seats.
(3)If the number of such candidates is less than the number of seats to be filled, the Returning Officer shall forthwith declare all such candidates to be elected and the [Election Commission] [Substituted by Act XXVI of 1960 for 'Election Commissioner'.] shall, by notification in the Gazette, call upon the constituency or members of the Legislative Assembly, as the case may be, to elect a person or persons to fill the remaining seat or seats :Provided that where the constituency or the members of the Legislative Assembly having already been called upon under this sub-section has or have failed to elect a person or the requisite number of persons, as the case may be, to fill the vacancy or vacancies, the [Election Commission] [Substituted by Act XXVI of 1960 for 'Election Commissioner'.] shall not be bound to call again upon the constituency or such members to elect a person or persons until it is satisfied that if called upon again, there will be no such failure on the part of constituency or such members.[63. Omitted] [Section 63 omitted by Act I of 1962.].