Elections are an integral part of a democratic country. India being the biggest democracy upholds and preaches free and fair elections. The elections are held regularly keeping in mind the transparency. But there are situations in which such elections are not possible. What If an MLA candidate dies before an election? What will happen to their constituency?
What happens when an MLA candidate dies before an election?
According to official website of India Code, it is mentioned in the section 52 of the Representation of Peoples Act, if a contesting candidate set up by a recognised political party, dies before polls “the returning officer shall announce the adjournment of the poll to a date to be notified later and report the fact to the Election Commission and also to the appropriate authority.”
So if a candidate of a particular political party in a legislative assembly dies, the election to that particular constituency is canceled and the Election Commission announces a fresh date of elections to the particular seat.
It is done after the Election Commission calls upon the recognised political party, whose candidate has died, to nominate another candidate for the said poll within seven days of issue of such notice to such recognised political party.
There are certain situations where if the candidate is independent and isn’t linked to any political party, then after his death, no elections will be canceled or postponed.
Demise of Congress Candidate on Sri Karanpur Assembly, Rajasthan
Recently, Karanpur MLA and Congress candidate Gurmeet Singh Kooner died during treatment at Delhi AIIMS. Kooner breathed his last at 4 am on 15 November 2023. This week, he was referred to AIIMS from Sawai Mansingh Hospital in Jaipur after a brain attack.
Now there will be no voting in Karanpur during the voting to be held on 25th November in the state. Let us tell you that rumors of Gurmeet Singh Kooner’s death had surfaced after his health became critical on Tuesday. After this, the situation was clarified by issuing a statement on behalf of his family.
His son, Rupinder Singh (Ruby Kooner) said that Gurmeet Singh’s health is critical and he has been kept on a ventilator. However, he died the next day i.e. Wednesday morning during treatment.
So, after the death of the candidate on Karanpur seat, the voting process will not be completed on November 25. That means voting will be held on the remaining 199 seats of the state on November 25.
The date of voting for the Karanpur seat will be announced later by the Election Commission. However, after voting on the remaining 199 seats of the state, the election results will be declared only on December 3.