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State of Andhra Pradesh - Section

Section 8 in Andhra Pradesh Municipal Councils/Nagar Panchayats (Conduct of Election) Rules, 1965

8.

(1)At or before the time of the presentation of his nomination paper or papers, each candidate wishing to stand for election to a Municipal Council/Nagar Panchayat shall deposit or cause to be deposited with the Election Officer in cash or in Government Promissory Notes of equal value at the market rate of the day, a sum of rupees hundred, if he is a member of Scheduled Tribes, Scheduled Castes or Backward Classes or a sum of rupees two hundred, if he is not a member of such tribes, castes or backward classes and no candidate shall be deemed to be duly nominated for any seat in respect of which such deposit has not been made. A separate deposit shall be required in respect of each Seat for which the candidate wishes to stand. A person who wishes to pay the reduced deposit of rupees hundred shall furnish a declaration in Form III irrespective of the fact whether he contests for a reserved or non-reserved seat.Explanation. - The delivery to the Election Officer of a receipt from any Government Treasury or Bank wherein the Municipal Council/Nagar Panchayat has an account, evidencing the payment by or on behalf of a candidate, to the credit of the Municipal Council/Nagar Panchayat 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 candidate at the time of such delivery.
(2)If no nomination paper is received within the time appointed in that behalf in respect of any person by whom or on whose behalf the deposit referred to in sub-rule (1) has been made or if the nomination of any such person is rejected or if he withdraws his candidature in the manner and within the time specified in sub-rule (1) of Rule 13, the deposit shall be returned to the person by 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 or to his legal representative.
(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 a number of valid votes polled by him does not exceed one-sixth of the valid votes polled x x x the deposit shall be forfeited to the Municipal Council/Nagar Panchayat.
(4)For the purposes of sub-rule (3), the number of valid votes polled shall be deemed to be the number of ballot-papers, other than spoilt ballot papers counted.
(5)The deposit made by all the candidates which shall not be forfeited under sub-rule shall be returned to the candidates or to the persons who have made the deposits on their behalf as the case may be, as soon as may be after publication of the result of the election in the Andhra Pradesh Gazette.
(6)Notwithstanding anything contained in sub-rules (2) and (5) where deposits have been made by or on behalf of a candidate in respect of two or more seats not more than one of the deposits shall be returned and the remainder shall be forfeited to the Municipal Council/Nagar Panchayat irrespective of the fact whether nominations were received from the candidate for the Seat or not.
(7)Notwithstanding anything contained in this rule, a deposit made under sub-rule (1) shall not be returned unless a claim therefor is delivered or sent by post to the Election Officer by the person who made the deposit or by his legal representative, as the case may be, within six months of the date of declaration by the Election Officer results of the election of the election or where such declaration is made on two different dates within six months of the later of such dates.