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Showing contexts for: uncontested election in Kayathi Jayapal Reddy vs State Election Commission And Anr. on 9 October, 2001Matching Fragments
Proviso:
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Proviso:
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12. It would also be appropriate to notice Rule 12 which is to the following effect:
Rule 12: Declaration of Result of uncontested Election Candidate :--(1) If the number of contesting candidates is more than one, poll shall be taken.
(2) If there is only one validly nominated candidate, the Election Officer shall forthwith declare such candidate as duly elected in Form 9 and send the same to the Election Authority and the District Election Authority.
15. In the instant case, the Election Officer accepted the notice issued by the candidates withdrawing their candidature for the office of the Sarpanch, There is no dispute about it. The Election Officer having accepted the withdrawal, included the name of the petitioner alone in the list prepared in form-8 but for no reason postponed the declaration of result of uncontested election.
16. It is clear from the record that the incident, if any, of snatching of the nomination papers occurred after the publication of the list of validly nominated candidates. So far as the office of the Sarpanch is concerned there is only one validly nominated candidate i.e., the petitioner. The incident has no bearing whatsoever upon the obligation casts upon the Election Officer to declare the election of the petitioner as duly elected to the office of the Sarpanch. The publication of list of contesting candidates and declaration of result of uncontested election candidates ought to have been simultaneously undertaken by the Election Officer. The Election Officer is duty bound to forthwith declare the result whenever there is only one validly nominated candidate. There is no discretion given to the Election Officer to postpone such declaration for whatever reason. Failure to declare the result has resulted in this situation leading to issuance of revised notification by the Election Commission.