Section 37 of The Representation of the People Act, 1951
Withdrawal of candidature.
- (1)Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three O'clock in the afternoon on the day fixed under clause (c) of section 30 to the returning officer either by such candidate in person or by his proposer, 1*** or election agent who has been authorised in this behalf in writing by such candidate. 2****
- (2)No person who has given a notice or withdrawal of his candidature under sub-section (1) shall be allowed to cancel the notice. 3[(3) The returning officer shall, on being satisfied as to the genuineness of a notice or withdrawal and 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
- A candidate can withdraw their candidature by providing a written notice.
- The notice must be signed by the candidate and include specific required details.
- Withdrawal must happen before three o'clock in the afternoon on the appointed day.
- The notice can be delivered by the candidate, their proposer, or an authorized election agent.
- Once a notice of withdrawal is submitted, it cannot be cancelled or taken back.
- The returning officer must display the withdrawal notice publicly in their office.
Practical examples
FAQ
1. What is the deadline for withdrawal under Section 37 of The Representation of the People Act, 1951?
Under Section 37 of the 1951 Act, the notice must be delivered before "three O'clock in the afternoon" on the day fixed for withdrawal.
2. Who can deliver the withdrawal notice according to the Representation of the People Act, 1951?
Section 37 of the 1951 Act allows the candidate, their proposer, or a specifically authorized election agent to deliver the notice.
3. Can I change my mind after withdrawing under the 1951 Act?
No, Section 37(2) of The Representation of the People Act, 1951 states that no person shall be allowed to cancel a notice of withdrawal.
4. Does the withdrawal become public under the Representation of the People Act, 1951?
Yes, Section 37(3) of the 1951 Act requires the returning officer to affix the notice in a conspicuous place in his office.
Test yourself
1.Under Section 37 of The Representation of the People Act, 1951, what is the latest time to withdraw on the deadline day?
2.According to Section 37 of the 1951 Act, who must sign the withdrawal notice?
3.If a candidate's proposer delivers the withdrawal form, what else is needed under Section 37 of the 1951 Act?
4.What happens once the officer is satisfied with a withdrawal under Section 37 of the 1951 Act?