(1) The deposit made under rule 37 shall either be returned to the persons making it or his legal representative or be forfeited to the State Government in accordance with the provisions of this rule.
(2) Except in cases hereinafter mentioned in this rule, deposit shall be returned as soon as practicable after the result of the election is declared.
(3) If the candidate is not shown in the list of contesting candidates or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be.
(4) Subject to the provisions of sub-rule (3) the deposit shall be forfeited, if at an election where poll has taken place, the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the total number of valid votes polled by all the candidates.