THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

(2) Any revocation of the appointment of the counting agent shall be signed by thecandidate or his election agent and shall operate from the date on which it is lodged with theReturning Officer, and in the event of such a revocation or of the death of a counting agent beforethe commencement of counting of votes, the candidate or his election agent may appoint, in theprescribed manner another counting agent at any time before the counting of votes is commencedand shall forthwith give notice of such appointment, in the prescribed manner, to the ReturningOfficer.121. Functions of polling agents and counting agents.— (1) A polling agent mayperform such functions in connection with the poll as are authorised by or under this Act, to beperformed by a polling agent.(2) A counting agent may perform such functions in connection with the counting of votes asare authorised by or under this Act to be performed by a counting agent.122. Attendance of a contesting candidate or his election agent at polling stations,and performance by him of the functions of a polling agent or counting agent.— (1) Atevery election where a poll is taken, each contesting candidate at such election and his election agentshall have a right to be present at any polling station provided under section 101 for the taking of thepoll.(2) A contesting candidate or his election agent may himself do any act or thing which any pollingagent or the counting agent of such contesting candidate, if appointed, would have been authorisedby or under this Act to do, or may assist any polling agent or the counting agent of such contestingcandidate in doing any such act or thing.123. Non-attendance of polling or counting agents.— Where any act or thing isrequired or authorised by or under this Act to be done in the presence of the polling or countingagents, the non-attendance of any such agent or agents at the time and place appointed for thepurpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.124. Death of candidate before poll.— Where a candidate whose nomination has beenfound valid on scrutiny under section 111 and who has not withdrawn his candidature undersection 112 dies and a report of his death is received before the publication of the list of contestingcandidates under section 113 or where a contesting candidate dies and a report of his death isreceived before the commencement of the poll, the Returning Officer shall, upon being satisfiedof the fact of the death of the candidate, countermand the poll and report the fact to the StateElection Commission and also to the Government and all proceeding with reference to the electionshall be commenced anew in all respects as if for a new election:Provided that no further nomination shall be necessary in the case of a person who was acontesting candidate at the time of the countermanding of the poll:Provided further that no person who has given a notice of withdrawal of his candidature undersub-section (1) of section 112 before the countermanding of the poll shall be 24B [ineligible] for beingnominated as a candidate for the election after such countermanding.125. Procedure in. contested and uncontested elections.— (1) Where the numberof contesting candidates for a ward is more than one, a poll shall be taken.(2) Where there is only one candidate for a ward, the Returning Officer shall declarehim to be duly elected.(3) Where there is no candidate, election proceedings shall be started afresh for fillingup the vacancy in all respects as if for a new election.126. Fixing time for poll.— The State Election Commission shall fix the hours duringwhich the poll will be taken; and the hours so fixed shall be published in such manner, as may beprescribed: