Section 20A of The Presidential and Vice-Presidential Elections Act, 1952
1[20A. Return or forfeiture of candidate's deposit.-- (1) The deposit made under section 5C shall either be returned to the person making it or his legal representative or be forfeited to the Central Government 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 referred to in clause (b) of section 8, 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 the election where the poll has been taken, the candidate is not elected, and the number of valid votes polled by such candidate does not exceed one-sixth of the number of votes necessary to secure the return of a candidate at such election.]
Summary
- A candidate's election deposit of fifteen thousand rupees, made under Section 5C, will either be returned to them or their legal representative, or be forfeited (lost or taken away) to the Central Government.
- If a candidate is not listed in the final list of contesting candidates under Section 8(b), or if they die before the voting starts, the deposit is returned as soon as practicable.
- For candidates who make it to the poll but are not elected, the deposit is forfeited if they fail to get more than one-sixth of the votes needed to win the election.
- In all other cases where the deposit is not forfeited, it must be returned as soon as practicable after the election result is declared.
Practical examples
FAQ
1. Who receives the returned deposit if a candidate dies before the poll begins?
The candidate's legal representative will receive the returned deposit.
2. Under what conditions is a candidate's deposit forfeited to the Central Government?
A candidate's deposit is forfeited if a poll is taken, the candidate is not elected, and the valid votes they polled do not exceed one-sixth of the votes required to secure a candidate's win.
3. If a candidate withdraws their nomination within the allowed time, what happens to their deposit?
Since they will not be shown in the final contesting candidates list under Section 8(b), their deposit is returned to them as soon as practicable after the publication of that list.
4. To whom is the forfeited deposit paid?
The forfeited deposit goes to the Central Government.
Test yourself
Q1.Under Section 20A of The Presidential and Vice-Presidential Elections Act, 1952, which cross-references Section 5C, what is the value of the election deposit that is subject to return or forfeiture?
Q2.Under Section 20A of The Presidential and Vice-Presidential Elections Act, 1952, read with Section 8, when must a candidate's deposit be returned if their name does not appear in the published list of contesting candidates?
Q3.Under Section 20A of The Presidential and Vice-Presidential Elections Act, 1952, what is the exact vote threshold a losing candidate must cross to prevent their deposit from being forfeited to the Central Government?
Q4.Under Section 20A of The Presidential and Vice-Presidential Elections Act, 1952, if a nominated candidate dies before the voting (poll) actually starts, what is the legal consequence regarding their deposit?