53. Procedure in contested and uncontested elections.

1 judgments cite this provision SC

[(1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.]

(2) If the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats.

(3) If the number of such candidates is less than the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be elected and the [Election Commission] shall, by notification in the Official Gazette, call upon the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college concerned *** as the case may be, to elect a person or persons to fill the remaining seat or seats ***:

Provided that where the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college *** having already been called upon under this sub-section, has or have failed to elect a person or the requisite number of persons, as the case may be, to fill the vacancy or vacancies, the [Election Commission] shall not be bound to call again upon the consituency, or such members to elect a person or persons [until it is satisfied that if called upon again, there will be no such failure on the part of the constituency of such members].