Impact of Candidate's Death in Elections

• 03 Oct 2024

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.