Jammu & Kashmir
Impact of Candidate's Death in Elections
- 03 Oct 2024
- 2 min read
Why in News?
In a significant development, a 75-year-old candidate from the Surankote constituency in Poonch district passed away just six days ahead of the results of the Jammu & Kashmir Assembly election.
Key Points
- Results Awaited: If a candidate dies after voting but before the results are declared, the election results will be awaited as usual.
- If Another Candidate Wins: The results will be valid, and no re-election is needed if another candidate wins after counting.
- If the Deceased Candidate Wins: If the deceased candidate wins, the election will be cancelled.
- Re-Voting/By-Election: A re-election or by-election will be held on this seat since the elected candidate cannot represent the constituency.
- Relevant Law: Under Section 151A of the Representation of the People Act, 1951, elections must be held within 6 months in such a case.
- Death of a Candidate Before Voting:
- Election Cancelled: If a candidate dies before voting and after the nomination and withdrawal period has ended, the election on the concerned seat is cancelled.
- New Poll Date: A new date is set for the election in that constituency to ensure voters can choose a replacement candidate.
- Relevant Provision: The process is governed by the Representation of the People Act, 1951, ensuring that voters have the chance to elect a new candidate fairly.
Representation of the People Act, 1951
- Provisions:
- It regulates the conduct of elections.
- It specifies the qualifications and disqualifications for membership of the houses,
- It provides provisions to curb corrupt practices and other offences.
- It lays down the procedure for settling doubts and disputes arising out of elections.
