Section 105 in Jammu and Kashmir Panchayati Raj Rules, 1996
105. Withdrawal of candidature.
(1)Not later than 5 days before the election day any candidate may withdraw his candidature by a notice in Form 41 subscribed and delivered personally to Returning Officer, notice once given cannot be withdrawn.[The security deposit shall be refunded to the candidate on the withdrawal of his candidature under this rule.] [Added by SRO-49 dated 22-01-2002.](2)Publication of the list of the candidates. - After the expiry of the date for withdrawal under sub-rule 104(1) the Returning Officer shall publish a list of contesting candidates whose name shall be in alphabetical order.[(2A) Allotment of Symbols. - (1) The procedure for the allotment of symbols to the contesting candidates shall be prescribed by the Election Authority.(2)There shall be no bar for the Election Authority to prescribe different procedure for allotment of symbols when the elections are held on party lines under section 37 of the Act.](3)Where after the publication of the list of the candidates the Returning Officer finds that the number of candidates in a block is only one, he shall forthwith declare such candidate as having been duly elected.(4)When the number of candidates in a block exceeds one, a poll shall be taken.(5)Procedure for voting. - The procedure as laid down in Chapter II of these rules shall apply for election of Chairman, Block Development Council so for as these may be applicable to such election.(6)Counting of votes. - (i) The Returning Officer shall count votes then and there and shall declare the candidate having secured the largest number of votes to be duly elected.(ii)In case of equal number of votes being given in favour of two or more candidates selection shall be made by lot in such manner as the Returning Officer may deem fit.(iii)Announcement of results. - The Returning Officer shall prepare the results of the election in Form 42 and announce the same in the manner prescribed in Chapter II.(iv)The Returning Officer shall report the results to the Election Authority.
