Question

Under which of the following conditions security deposits of a candidate contesting for a Lok Sabha seat is returned to him/her?
I. The nomination made by the candidate if found to be invalid.
II. The candidate has withdrawn his/her nomination even through it is found valid.
III. The candidate lost the polls but secured 1/6th of the total number of valid votes polled in that election.
Select the correct answer using the code given below.
(a) I and II
(B) I, II and III
(C)II and III
(D) I only

Answer 1

Hint: To answer this question recall Section 34 1 (a) of the Indian constitution. According to this section it is mandatory for the general candidates to deposit an amount of rupees 25000 in case the candidate wants to fight for Parliamentary constituency and Rs. 10, 000 in case they want to fight an election in Assembly Constituency.

Complete answer:
As per the Section 158 of the Representation of the People Act, 1951, there are different ways in which the security deposit of the candidate is returned. The conditions mentioned in this act are:
1. In case the name of the candidate is not shown in the list of contesting candidates which means that the candidate has been rejected by the Election Commission or he/she has withdrawn candidature.
2. In case the candidate dies before voting starts
3. In case the candidate won the election
4. In case the candidate does not win but the candidate secures more than 1/6 of the total valid votes cast in the constituency.
5. If the candidate wins the election but is not able to get 1/6 of the total valid votes.

As per the above rules we can conclude that the correct answer to this question is option A.

Note: This amount is deposited so that only the serious candidates file the nomination to contest the election. But the Election commission’s move does not seem to be quite effective because the amount required for the security deposit is very meagre and a lot of candidates filed nominations to get the cash from other parties to withdraw their nomination.