Section 158 Return of forfeiture of candidate's deposit - Representation of the People Act, 1951
What is the law for Return of forfeiture of candidate's deposit?
Section 158 of Representation of the People Act, 1951
Section 158 : Return of forfeiture of candidate's deposit
(1) The deposit made under section 34 or under that section read with
sub-section (2) of section 39 shall either be returned to the person making it
or his legal representative or be forfeited to the appropriate authority in
accordance with the provisions of this section.
(2) Except in cases hereafter mentioned in this section, the deposit shall be
returned as soon as practicable after the result of the election is declared.
(3) If the candidate is not shown in the list of contesting candidates, or if
he dies before the commencement of the poll, the deposit shall be returned as
soon as practicable after the publication of the list or after his death, as the
case may be.
(4) Subject to the provisions of sub-section (3), the deposit shall be
forfeited if at an election where a poll has been taken, the candidate is not
elected and the number of valid votes polled by him does not exceed one-sixth of
the total number of valid votes polled by all the candidates or in the case of
election of more than one member at the election, one-sixth of the total number
of valid votes so polled divided by the number of members to be elected:
Provided that where at an election held in, accordance with the system of
proportional representation by means of the single transferable vote, a
candidate is not elected, the deposit made by him shall be forfeited if he does
not get more than one-sixth of the number of votes prescribed in this behalf as
sufficient to secure the return of a candidate.
(5) Notwithstanding anything in sub-sections (2), (3) and (4), -
(a) if at a general election, the candidate is a contesting candidate in more
than one parliamentary constituency or in more than one assembly constituency,
not more than one of the deposits shall be returned, and the others shall be
(b) if the candidate is a contesting candidate at an election in more than
one council constituency or at an election in a council constituency and at an
election by the members of the State Legislative Assembly to fill seats in the
Legislative Council, not more than one of the deposits shall be returned, and
the others shall be forfeited.