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State of Bihar - Section

Section 9 in Bihar State Board of Homeopathic Medicine (Electoral Rolls and the Conduct of Elections and Election Petition) Rules, 1955

9.

(1)If in the case of an election under clauses (c) and (f) of sub-section (1) of Section 3 the number of duly nominated candidates who stand for election does not exceed the total number of members to be elected, the Returning Officer shall forthwith declare all such candidate or candidates to be elected.
(2)If the number of such candidates exceeds the number of members to be so elected, the Returning Officer shall forthwith publish their names and addresses in the Official Gazette and shall further cause their names to be entered in voting papers in Form III in the case of electorates mentioned above.
(3)Any duly nominated candidate may withdraw his candidature in person by presenting to the Returning Officer a written and signed withdrawal not later than 15 clear days before the date appointed for the scrutiny and counting of votes and it shall not be permissible to him subsequently to cancel such withdrawal.
(4)On receiving notice of such withdrawal, the Returning Officer shall publish the fact of such withdrawal in the Official Gazette.
(5)If a candidate who has been duly nominated and has not withdrawn his candidature in the manner and within the time specified in sub-rule (3) dies after the expiry of the time for submitting notice of withdrawal of a candidature and before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and all proceedings with reference to the election shall be commenced a new in all respects as if for a new election:Provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of countermanding of the Poll:Provided' further that no person who has under sub-rule (3) presented a written withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.
(6)On or before the date prescribed by the President in this behalf, the Returning Officer shall send by registered post to each elector a voting paper in Form III in the case of the electorate mentioned in clauses (c) and (f) of sub-section (1) of Section (3). The voting papers shall be duly signed by the Returning Officer or his signature seal affixed to it by him :Provided that no election shall be invalidated by reason of the non-receipt by an elector of his voting paper.