Section 36 in Tamil Nadu Panchayats (Elections) Rules, 1995
36. [ Death of candidate before poll. [Substituted by G O. Ms. No. 151, Rural Development (Cl), dated the 2nd June 2001.]
- If a candidate, set up by a recognised political party -(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under rule 29; or(b)whose nomination has been found valid on scrutiny under sub-rule (8) of rule 29, and who has not withdrawn his candidature under rule 30, dies and, in either case, a report of his death is received at any time before the publication of the list of contesting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 sub-rule (4) of rule 35; 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, adjourn the poll and report the fact to the State Election Commission, State Election Officer and District Election Officer and all proceedings with reference to the election shall be commenced afresh in all respects, by the State Election Commission as if for a new election:Provided that no order for the adjourning the poll shall be made in a case referred to in clause (a) except after the scrutiny of all nominations including the nomination of the deceased candidates:Provided further that all candidates who have filed nominations including those who have withdrawn their nominations before the adjournment of the Poll shall be eligible to file a nomination in the fresh election:Provided also that no fresh nomination shall be necessary in case of a person who was a contesting candidate at the time of the adjournment of the poll.]
