Section 37 of the Representation of the People Act, 1951: Withdrawal of Candidature

Section 37 governs how a candidate may withdraw from an election after nomination, who may deliver the notice, the statutory deadline and the Returning Officer's responsibilities. The withdrawal, once validly notified, cannot be cancelled.

Meaning and scope of Section 37

Withdrawal of candidature is the formal process by which a candidate communicates a decision not to continue contesting an election. The procedure is prescribed by Section 37 of the Representation of the People Act, 1951, read with Rule 9 of the Conduct of Elections Rules, 1961.

Section 37(1): Written notice, delivery and deadline

A candidate wishing to withdraw must sign a written notice containing the prescribed particulars. The notice must reach the Returning Officer before 3:00 PM on the withdrawal date fixed under Section 30(c) of the Act.

The notice may be delivered by the candidate personally, by the candidate's proposer, or by the election agent authorised in writing by the candidate for this purpose. A proposer or election agent delivering the notice must have the candidate's written authority.

Section 37(2): Withdrawal cannot be cancelled

Once a candidate has given a valid notice of withdrawal under Section 37(1), the candidate cannot cancel or revoke that notice. Candidates should therefore verify their decision and the prescribed documents before submission.

Section 37(3): Verification and public notice

The Returning Officer must be satisfied that the notice is genuine and that the person delivering it is the person permitted under Section 37(1). After this verification, the Returning Officer must affix the withdrawal notice at a conspicuous place in the office.

Rule 9: Form 5 and Form 6

Under Rule 9(1) of the Conduct of Elections Rules, 1961, the withdrawal notice is given in Form 5. The Returning Officer records the date and time at which the notice was delivered. Under Rule 9(2), the notice displayed pursuant to Section 37(3) is in Form 6.

Procedure for withdrawing candidature

  1. Check the withdrawal date fixed in the election notification under Section 30(c).
  2. Complete the prescribed Form 5 accurately and sign it as the candidate.
  3. If the candidate is not delivering it personally, provide written authority to the proposer or election agent delivering it.
  4. Deliver the notice to the Returning Officer before 3:00 PM on the appointed date.
  5. The Returning Officer records receipt, verifies genuineness and identity, and publishes the prescribed notice in Form 6.

Important: A withdrawal notice is irrevocable once validly given. The 3:00 PM deadline is a statutory cut-off, not merely an administrative office hour.

Related legal provisions

Section 30: Empowers the Election Commission to appoint the dates for nominations, scrutiny, withdrawal and other election stages. Section 33: Specifies the presentation of nomination papers and requirements for a valid nomination. Section 36: Governs scrutiny and acceptance or rejection of nominations. Section 38: Requires publication of the list of contesting candidates after the withdrawal period expires, excluding candidates who have withdrawn.

Frequently asked questions

Can a candidate withdraw after 3:00 PM?

No. Section 37(1) requires delivery before 3:00 PM on the prescribed withdrawal date.

Can someone else deliver the notice?

Yes. The candidate's proposer or election agent may deliver it if authorised in writing by the candidate.

Can the candidate reverse the withdrawal?

No. Section 37(2) expressly prohibits cancellation of a valid withdrawal notice.

What happens after withdrawal?

The Returning Officer verifies and displays the notice; the withdrawn candidate is not included in the list of contesting candidates prepared under Section 38.

Official legal resources