Section 12 in Orissa Zilla Parishad Election Rules, 1994
12. Deposit of money and process of election.
(1)On the date fixed for presentation of the nomination papers, candidate desiring to election of the office of the Member of Parishad shall other than a candidate belonging to the Scheduled Tribes or the Scheduled Castes, deposit or cause to be deposited a sum of rupees two hundred with the Election Officer.(2)If the candidate belongs to the Scheduled Tribes or the Scheduled Castes the amount of deposit shall be rupees one hundred.(3)The Election Officer shall grant a receipt in Form No. 3 for the amount so deposited.(4)No candidate shall be allowed to contest the election of the Office of the Member of Parishad unless such deposit has been made.(5)The deposit shall be returned to the person who made it or on whose behalf it was so made or to a person authorised by the depositor if a candidate by whom or on whose behalf deposit, referred to in Sub-rule (1) of Sub-rule (2), as the case may be, has been made, withdraw as his candidature in the manner and within the time specified under Sub-rule (6) of Rule 14 or if the nomination of any candidate is rejected.(6)The deposit shall be forfeited to the State Government if a candidate by whom or on whose behalf the deposit referred to in Sub-rule (1) or Sub-rule (2) has been made is not elected and the number of votes polled in his favour does not exceed one-sixth of the total number of votes polled.Explanation. - The number of votes polled shall be deemed to be the number of ballot papers counted.(7)The deposit made in respect of a candidate, who is elected or in whose favour more than one-sixth of the total number of votes polled, shall be returned to him after the result of the election is published.(8)The deposit required to be returned to any person under Sub-rule (5) or Sub-rule (7) shall, if such person is dead, be returned to his legal representative.(9)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 on whose behalf the deposit is made or by his legal representative,as the case may be, within six months from the date of declaration of result of the election by the Election Officer.(10)(a)The Election Officer shall, at the appointed time, date and place receive the nomination papers in Form No. 4 and scrutinise them at the appointed time, date and place in the presence of the candidates or their proposers or seconders, if any.(b)If the Election Officer is satisfied that the candidate does not suffer from any disqualification under Section 33, he shall accept the nomination as valid.(c)Objection, if any filed in the course of scrutiny shall be enquired into summarily by the Election Officer and his decision accepting or rejecting the nomination papers shall be endorsed on the body of the nomination papers.(11)If after scrutiny under Sub-rule (10) there is only one candidate validly nominated there shall be no poll and the Election Officer shall immediately declare in Form No. 5 the person so nominated to have been duly elected.
