State Act

The Mumbai Municipal Corporation Act.

8[26A. Deposit by candidates.— 9[(1) On or before the date appointed for the nomination of candidates for a ward election, each candidate shall deposit or cause to be deposited with Returning Officer in cash a sum of five thousand rupees ; and no candidate shall be deemed to be duly nominated unless such deposit has been made: Provided that, where the candidate is a member of a Scheduled Castes, Scheduled Tribes, Backward Class of Citizens or a woman, the amount of deposit shall be two thousand and five hundred rupees: Provided further that, where the candidate has filed more than one nomination paper, it shall not be necessary to deposit a separate amount for each nomination paper.] (2) The deposit shall be returned if— (a) the candidate is declared or is deemed to be duly elected, or 10[(b) the candidate signifies in writing to 11[the State Election Commissioner] not later than 12[three days] after the day of election his intention not to contest the election, or] (c) the nomination of the candidate is declared invalid, or (d) the candidate dies, 13[* * * *] after the scrutiny of nomination-papers and before the commencement of the poll 14[*] 15[* * * * *]; or (e) the candidate fails to be elected but secures 1[* * * * *] valid votes in excess of the number specified in sub-section (4). (3) The deposit shall be returned to the person by whom it was made. If a candidate dies 2[* * * * *] before the day fixed for the poll, 3[* * *] the deposit, if made by him, shall be returned to his legal representatives, or, if not made by the candidate shall be returned to the persons by whom it was made. (4) If a candidate is not elected and 4[* * *], if the number of valid vote polled by him does not exceed one-eighth of the total number of valid votes polled 5[* * * * * * *], the deposit shall be forfeited to the corporation. (5) The deposit shall, if it is not forfeited, be returned as soon as may be after the declaration of the result of the election under section 32: Provided that, if a candidate is duly nominated at a general election in more than one ward, not more than one of the deposits made by him or on his behalf shall be returned and the remainder shall be forfeited to the Corporation.]