Section 6 of The Presidential and Vice-Presidential Elections Act, 1952
- (1)Any candidate may withdraw his candidature by a notice in writing in the prescribed form subscribed by him and delivered before three o'clock in the afternoon on the date fixed under clause (c) of sub section (1) of section 4, to the Returning Officer either by such candidate in person or 1[by any one of his proposers or seconders] who has been authorised in this behalf in writing by such candidate.
- (2)No person who has given notice of withdrawal of his candidature under sub-section (1) shall be allowed to cancel the notice. 2[(3) The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office.]
Summary
- Any candidate may withdraw their candidature by giving a notice in writing in the prescribed form.
- The notice of withdrawal must be signed by the candidate.
- The notice must be delivered before three o'clock in the afternoon on the date appointed for withdrawals.
- The notice can be delivered to the Returning Officer by the candidate in person, or by any of their proposers or seconders who has been authorized in writing.
- Once a notice of withdrawal is delivered to the Returning Officer, it cannot be cancelled or recalled.
- On being satisfied as to the genuineness and identity, the Returning Officer must cause the notice to be displayed in some conspicuous place in their office.
Practical examples
FAQ
1. Can a candidate send their brother or a general assistant to deliver the withdrawal notice?
No, the notice can only be delivered by the candidate in person, or by one of their proposers or seconders who has been authorized in writing by the candidate.
2. If a candidate withdraws but regrets it an hour later, can they cancel the withdrawal?
No, the law states that once a notice of withdrawal is delivered to the Returning Officer, no person is allowed to cancel or withdraw that notice.
3. Where is the notice of withdrawal displayed?
After verifying the notice's genuineness and the identity of the person delivering it, the Returning Officer must affix the notice in a conspicuous place in their office.
Test yourself
Q1.Under Section 6 of The Presidential and Vice-Presidential Elections Act, 1952, what is the deadline on the appointed date by which a notice of withdrawal must be delivered?
Q2.Under Section 6 of The Presidential and Vice-Presidential Elections Act, 1952, who is legally allowed to deliver the notice of withdrawal to the Returning Officer?
Q3.Under Section 6 of The Presidential and Vice-Presidential Elections Act, 1952, what is the rule regarding the cancellation of a withdrawal notice once it has been delivered?
Q4.Under Section 6 and Section 4 of The Presidential and Vice-Presidential Elections Act, 1952, what is the role of the Returning Officer once they receive a valid withdrawal notice?