PARLIAMENTARY DEBATES 617
Dr. Ambedkar: I cannot agree to Government undertaking any such obligation at all.
Mr. Chairman : Does the hon. Member want the amendment to be put to the House ?
Shri S. N. Das: No Sir.
Clause 51 (Death of cordinate)
- Mr. Chairman: Amendment (of Shri S. N. Das) moved:
For clause 51, substitute the following:—
“51. Death of candidate before poll. — Whenever any candidate dies after being duly nominated and before the closing of the polls, all the election proceedings shall stand cancelled and all proceedings with reference to the election shall be commenced a new in all respect as if for a new election:
Provided that the nomination of the deceased candidate was valid in the opinion of the Returning Officer:
Provided further that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the cancellation of the election.”
Dr. Ambedkar: I do not accept the amendment, but I would like to say that in view of the fact that the House has carried an amendment to sub-clause (2) of clause 35 with regard to withdrawal, there will have to be some small amendment made later on and I reserve the liberty to bring the matter up at a later stage
Shri J. R. Kapoor: I take it that the proposal of the Hon. Minister is to hold over this clause.
Dr. Ambedkar: I do not want to hold it over. The only point is that it will be necessary to add one more proviso. The point is this : that by amending sub-clause (2) of clause
35, it is now open for a candidate who had withdrawn to seek nomination if the contingency contemplated in clause 51 arises. Consequently a positive provision will have to be made in clause 51. That can easily be done by adding a proviso.
*P.D., Vol. 12, Part II, 21st May 1951, pp. 9194-97.