(1) If at any election held under clauses (iv), (v) or (vi) of section 5 of the Act, any seat remains unfilled by reason of failure to make nominations or rejection of nominations, the Returning Officer shall immediately report the fact to the State Government.
(2) On the receipt of a report under sub-rule (1) the State Government may, subject to the provisions of rule 38, commence proceedings anew as if for a new election.
56 41 A. The Returning Officer may, with a view to discharge his duties under these, rules, require the President, or the Registrar of the Board to furnish to him such information or document in the possession of the President or the Registrar as may be necessary to obtain, and the President or the Registrar, as the case may be, shall comply with such requisition.
DISPUTES RELATING TO ELECTIONS
42. No election of a person as a member of the Board ( under clause (iv) ,
(v) or (vi) of sub-section (1) of section 5 of the Act shall be called in question except by an election petition presented in accordance with these rules.