Section 19Section 19

s. 19

19 [(1)(a) Where, after scrutiny under Article 14, only one person remains validly nominated for election as a member from a constituency, or where, after withdrawal under Article 16, only one candidate remains, in such case, the election shall be held between the sole candidate and the 'No Vote' option. If the number of Votes received by the contesting candidate exceeds the number of 'No Vote', the Returning Officer shall, by public notice, declare such candidate to be elected to the seat. If the number of 'No Votes' exceeds the number of votes received by the contesting candidate, a fresh election shall be held in that constituency by announcing a fresh schedule. (b) If in an election held under sub-clause (a) of clause (1), the "No Vote" is higher, and if in the subsequent election also only one person remains validly nominated or, as the case may be, as the only candidate, the Returning Officer shall, by public notice, declare such candidate to be elected to the seat:" Provided that if after scrutiny any candidate indicates that he intends to make an appeal under clause (5) of Article 14 against the rejection of his nomination paper, no person shall be declared elected uncontested until the period prescribed for filing such appeal has expired and no such appeal has been filed or, where an appeal is filed, until the disposal of such appeal.] (2) The Returning Officer shall submit to the Commission a return of the election in respect of which he has made a declaration under clause (1). (3) The Commission shall publish in the official Gazette the name of the returned candidate.