Section 34: Security Deposits for Election Candidates
Section 34 of the Representation of the People Act, 1951 makes payment of a prescribed security deposit a condition for a valid nomination. The amount varies according to the type of election and whether the candidate belongs to a Scheduled Caste or Scheduled Tribe.
Section 34(1): Current nomination deposit amounts
| Election | Other candidates | SC/ST candidates |
|---|---|---|
| Parliamentary constituency (Lok Sabha) | Rs. 25,000 | Rs. 12,500 |
| Assembly or Council constituency | Rs. 10,000 | Rs. 5,000 |
A candidate must deposit, or arrange to have deposited, the applicable amount to be duly nominated. A candidate filing more than one nomination paper in the same constituency is required to make only one deposit, even if multiple nomination papers are submitted.
Section 34(2): How and when the deposit is made
At the time the nomination paper is delivered under Section 33(1) or 33(1A), the candidate must either:
- Deposit the required amount in cash with the Returning Officer; or
- Enclose a receipt evidencing payment of that amount, by the candidate or on the candidate's behalf, into the Reserve Bank of India or a Government Treasury.
A promise to pay later does not satisfy Section 34(2). Candidates should follow the Returning Officer's instructions and verify the payment and receipt before submission.
Meaning and purpose of election security deposits
An election security deposit is a statutory amount paid with a candidate's nomination, rather than a filing fee automatically retained by the government. Its subsequent return or forfeiture is governed primarily by Section 158 of the Act and the applicable election rules. It should not be confused with expenditure limits or other nomination requirements.
When is the security deposit returned or forfeited?
Under Section 158, a deposit is generally returned in specified situations, including where a candidate is not shown as contesting the election or dies before commencement of the poll, subject to the statutory conditions. For a contesting candidate who is not elected, forfeiture generally applies where the votes polled do not exceed one-sixth of the total valid votes polled by all candidates. A candidate elected is not subject to that losing-candidate forfeiture rule. Special provisions apply in elections using the single transferable vote and other situations covered by Section 158.
For precise refund, forfeiture, and timing rules, consult Section 158 and the Election Commission of India guidance.
Related nomination requirements
Section 33 regulates presentation of nomination papers, proposer requirements and related formalities. Section 35 addresses publication of nomination information, while Section 36 governs scrutiny. Payment of the deposit does not, by itself, cure other defects in a nomination.
Frequently asked questions
How much is the Lok Sabha nomination deposit?
Rs. 25,000 for a candidate generally, or Rs. 12,500 for a candidate belonging to a Scheduled Caste or Scheduled Tribe.
Is a separate deposit required for four nomination papers?
No. Where the same candidate submits multiple nomination papers in the same constituency, Section 34(1) requires only one deposit.
Can the deposit be paid after nomination?
No. Section 34(2) requires payment or the prescribed receipt at the time the nomination paper is delivered.
Official legal resources
- India Code - Representation of the People Act, 1951 (Sections 33, 34 and 158)
- Election Commission of India - candidate and nomination guidance
- Legislative Department, Government of India - election laws
Read the applicable statute, rules and official election notification together when preparing nomination papers.