(1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.
(2) If the number of such candidates is equal to the number of seats to be filled, the Municipal Returning Officer shall forthwith declare all such candidates to be duly elected to fill those seats.
332 The West Bengal Municipal Elections Act, 1994.
XXXIV of 1994.]
West Ben.
Act VIII of
1994.
(Chapter VI.—Conduct of Elections.—Section 59.— Chapter VII.—The poll.—Sections 60, 61.)
(3) If the number of such candidates is less than the number of seats to be filled, the Municipal Returning Officer shall forthwith declare all such candidates to be elected and the Commission shall, by notification, call upon the consituency to elect a person or persons to fill the remaining seat or seats:
Provided that where the constituency having already been called upon under this sub-section, has failed to elect a person or the requisite number of persons, as the case may be, to fill the vacancy or vacancies, the Commission shall not be bound to call again upon the constituency to elect a person or persons until it is satisfied that if called upon again, there will be no such failure on the part of the constituency.
59. For the avoidance of doubt, it is hereby declared that a member of the Scheduled Castes or the Scheduled Tribes or a woman shall not be disqualified to hold a seat not reserved for members of the Scheduled Castes or the Scheduled Tribes or women, if he or she is otherwise qualified to hold such seat under this Act.
CHAPTER VII The poll
60. The hours during which the poll will be taken shall be fixed in accordance with the provisions of section 8 of the West Bengal State Election Commission Act, 1994.