NOMINATION OF CANDIDATES

Measures to reduce-appointment of Polling/counting agents by a candidate,who has retired in favour of another candidate.

Election Commission's Letter No. 3/ER/94/J.S.II/Vol. II, Dated :- 7-12-1994, addressed to The Chief Electoral Officers of all States and Union Territories.
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Subject:- Multiplicity of candidates at elections - Measures to reduce - regarding.

I am directed to invite your attention to Commission's letter No. 3/ER/94/J.S.II dated the 27th April, 1994, on the subject cited, and to say that a question had arisen whether the candidate referred to in para 9(i) of that letter, i.e., the candidate who has announced retirement from contest or announced his support in favor of another candidate, can be permitted to appoint election agent, polling agents and counting agents.

2. Announcement of retirement from contest after the last date of withdrawal of candidatures has no validity in the eyes of law and such candidate continues to be a "contesting candidate". He is therefore, entitled under the law, i.e., sections 40 to 51 of the Representation of the People Act, 1951 read with rules 12, 13,14 and 52 of the Conduct of Election Rules, 1961 to appoint his election agent, polling agents and counting agents, if he so likes.

3. The Commission has already directed vide letter dated 27.4.94, referred to above that only such of the facilities as have been given to such candidates under the direction/instructions of the Commission, like, the provision of security, permits for plying vehicles, etc., alone should be withdrawn. Facilities which are available to contesting candidates under the law cannot be withdrawn.

4. The receipt of this letter should be immediately acknowledged.



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