Return of deposits made by candidates at the time of nomination

(1) If a candidate by whom or on whose behalf the deposit referred to in sub-rule(4) of rule 36 has been made, withdraws his candidature within the time specified in the notice issued under rule 34, or if the nomination of any such candidate is refused, the deposit shall be returned to the person by whom it was made) and if any candidate dies before the commencement of the poll, any such deposit, if made by him, shall be returned to his legal representative or if not made by the candidate, shall be returned to the person by whom it was made. (2) If a candidate by whom or on whose behalf the deposit referred to in sub-rule (1) has been made is not elected, and the number of votes polled by him does not exceed one-eighth of the total number of votes potted, the deposit shall be forfeited. Explanation.— For the purpose of this sub rule, the number of ballot papers counted other than rejected ballot papers shall be deemed to be total number of votes polled, (3) If a candidate by whom or on whose behalf the deposit referred to in sub rule (1) has been made is elected or is not elected the deposit shall, if it is not forfeited under sub rule (2) be returned to the candidate or the person, who has made the deposit in his behalf, as the case may be, as soon as may be, after the publication of the result of the election in the Official Gazette Provided that, if a candidate is, duly nominated at a general election in more constituencies than one, no more than one of the deposits made by him or on his behalf shall be returned and the remainder shall be forfeited to the State Government.