Commentary on Sections Death of Candidate New rule 61: Deceased independent candidate wins
136.Rule 61(1) applies where a deceased independent candidate, named on the statement of persons nominated, receives the majority of votes at the election.
137.Rule 61(2) provides that where the deceased candidate receives the majority of votes, Rule 50(1) (declaration of result) does not apply and that the returning officer shall declare that no member is returned and announce the number of votes given to each candidates together with the number of rejected ballot papers.
138.Rule 61(3) disapplies Rule 53, with the result that the remaining candidates’ deposits will not be forfeited.
139.Rule 61(4) specifies that where the deceased candidate receives the majority of votes, the returning officer must retain the writ, and proceed with a fresh election, subject to the following provisions of this rule.
140.Rule 61(5) specifies that the writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day of the declaration of result of the election.
141.Rule 61(6) provides that in the case of a person shown in the statement of persons nominated as standing nominated, no fresh nomination is necessary. Additionally, no new nominations may be made by any person.
142.Rule 61(7) provides that if a candidate wishes to withdraw from the rescheduled contest, the last day on which he can give notice of withdrawal of candidature is the seventh working day after the day on which the writ is taken to be received.
143.Rule 61(8) provides that no new deposit is necessary in the case of a rescheduled election caused by the a deceased independent candidate receiving the majority of votes at the original poll.
144.Rule 61(9) specifies that the rescheduled poll must be held on a day in the period which starts 15 working days after the day on which the writ is taken to have been received and ends 19 working days after that day.
145.Rule 61(10) provides that for the purposes of this rule a working day is a day which is not a day specified in rule 2(1)(a) to (c) of Schedule 1 to the Representation of the People Act 1983. The specified days are a Saturday or Sunday, Christmas Eve, Christmas Day, Good Friday, a bank holiday, or a day appointed for public thanksgiving or mourning.