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Withdrawal of Candidature

UPSC Civil Services• POLITY• Elections and Electoral System• Withdrawal of Candidature
Withdrawal of candidature is the voluntary exit of a validly nominated candidate from an election contest. It is governed primarily by Section 37 of the Representation of the People Act, 1951 and must be completed through the prescribed notice, manner and deadline. A valid withdrawal cannot ordinarily be revoked. After the withdrawal period, the Returning Officer prepares the final list of contesting candidates under Section 38. Withdrawal can sometimes reduce the number of candidates to the number of seats available, resulting in an uncontested election under the applicable statutory procedure.

Title

Withdrawal of Candidature

1. Introduction

Withdrawal of candidature is the stage of the election process in which a candidate whose nomination has been validly accepted chooses to:

Withdraw from the election contest.

It occurs:

After Scrutiny

and:

Before the Final List of Contesting Candidates

Core Sequence

Nomination ↓ Scrutiny ↓ Validly Nominated Candidates ↓ Withdrawal ↓ Final List of Contesting Candidates ↓ Polling

The principal statutory provision is:

Section 37 of the Representation of the People Act, 1951.


2. Legal Basis

The main provisions governing withdrawal are:

  • Section 37 → Withdrawal of candidature
  • Section 38 → Publication of list of contesting candidates
  • Section 36 → Scrutiny of nominations

Core Rule

Section 36 → Who is validly nominated?

Section 37 → Who withdraws?

Section 38 → Who finally contests?


3. Who Can Withdraw?

Only a:

Validly nominated candidate

can withdraw their candidature.

A person whose nomination has already been:

Rejected

cannot withdraw because they are no longer a validly nominated candidate.

Important

Nomination
↓
Accepted at Scrutiny
↓
Validly Nominated Candidate
↓
Can Withdraw

4. When Can a Candidate Withdraw?

A candidate can withdraw only:

Within the prescribed withdrawal period

specified in the election schedule.

The last date for withdrawal is fixed under:

Section 30 of RPA 1951

and the procedure for withdrawal is governed by:

Section 37.


5. Notice of Withdrawal

A candidate wishing to withdraw must give:

Notice of Withdrawal

in the prescribed manner.

The notice must be:

Signed by the candidate

and delivered to the:

Returning Officer

within the prescribed period.


6. Who Can Deliver the Withdrawal Notice?

The notice of withdrawal may be delivered by:

  • Candidate personally
  • Candidate's proposer
  • Candidate's election agent

The delivery must comply with the statutory requirements.

Important

The withdrawal notice cannot simply be sent through an informal communication such as:

  • Email
  • Telephone
  • Social media
  • Ordinary message

The prescribed statutory procedure must be followed.


7. Prescribed Form

The notice of withdrawal is made in the prescribed:

Form 5

under the Conduct of Elections Rules, 1961.

Important

The candidate must use the prescribed procedure and form.


8. Place of Withdrawal

The notice must be delivered to the:

Returning Officer

at the place specified for the purpose under the election arrangements.

Important

The withdrawal becomes legally effective only when the statutory requirements are satisfied.


9. Time of Withdrawal

The notice must reach the Returning Officer:

Before the prescribed deadline

on the last date for withdrawal.

Important

The withdrawal period is:

Short and legally fixed.

A candidate cannot withdraw at any arbitrary time before polling.


10. Withdrawal Cannot Be Revoked

This is one of the most important UPSC facts.

Once a valid withdrawal notice has been given:

It cannot be cancelled or revoked.

UPSC Trap

A candidate can withdraw and later restore their candidature before polling.

❌ Incorrect

Golden Rule

Valid Withdrawal → Final


11. Candidate's Decision

Withdrawal is:

Voluntary

The candidate decides whether to remain in the contest.

The Returning Officer does not ordinarily compel a validly nominated candidate to withdraw.

Important

Scrutiny → Legal decision

Withdrawal → Candidate's decision


12. Death of Candidate

The death of a candidate is dealt with separately under election law.

It should not simply be treated as:

Voluntary withdrawal.

Special statutory procedures may apply depending on:

  • Type of election
  • Candidate's status
  • Timing of death
  • Whether the candidate belongs to a recognised political party

UPSC Point

Death ≠ Withdrawal


13. Withdrawal vs Rejection

These are completely different.

Rejection

The:

Returning Officer

rejects a nomination because a legal ground exists.

Withdrawal

The:

Candidate

voluntarily leaves the contest after valid nomination.

Comparison

RejectionWithdrawal
Decision by RODecision by candidate
Based on legal groundsVoluntary
Happens during scrutinyHappens after scrutiny
Nomination becomes invalidValid nomination is voluntarily abandoned

14. Withdrawal vs Disqualification

Disqualification

A legal bar prevents a person from:

Being chosen or continuing as a member.

Withdrawal

A candidate voluntarily:

Leaves the election contest.

Important

Withdrawal does not mean:

Candidate was disqualified.


15. Withdrawal vs Resignation

Withdrawal

Occurs:

Before election

and means the candidate leaves the contest.

Resignation

Generally concerns:

An existing office or membership

after election.

UPSC Trap

A candidate withdraws their candidature by resigning from the legislature.

❌ Incorrect

A candidate has not yet become a legislator merely by contesting.


16. Final List of Contesting Candidates

After the withdrawal period ends, the Returning Officer prepares:

Final List of Contesting Candidates

under:

Section 38 of RPA 1951.

Sequence

All Nominees
↓
Scrutiny
↓
Validly Nominated Candidates
↓
Withdrawal
↓
Final Contesting Candidates

17. Who Appears in the Final List?

The final list contains candidates who:

  • Were validly nominated
  • Did not withdraw
  • Remain eligible to contest

Important

A candidate who successfully withdraws:

Does not appear

in the final list of contesting candidates.


18. Election Symbol After Withdrawal

After the withdrawal period closes, the Returning Officer prepares the final list and proceeds with:

Election Symbol Allotment

according to the applicable rules.

Sequence

Scrutiny
↓
Withdrawal
↓
Final List
↓
Symbol Allotment
↓
Campaign

19. Effect on Election Campaign

A candidate who withdraws:

Cannot continue as a contesting candidate.

They cease to be part of the election contest.

Important

Their campaign activities as a candidate should stop because they are no longer a:

Contesting Candidate.


20. Effect on Ballot / EVM

Once the final list of contesting candidates is prepared:

Only the candidates who remain in the contest are included in the:

Final ballot/EVM candidate arrangement

according to the applicable election procedure.

A candidate who withdraws is therefore not treated as a continuing contestant.


21. Withdrawal and Uncontested Election

Withdrawal can have a major consequence.

Suppose only:

One candidate

remains after withdrawal.

Then there is:

No contest

and polling may not be required.

The sole remaining candidate may be:

Declared elected

according to the applicable statutory procedure.


22. Example — Uncontested Election

Suppose four candidates survive scrutiny:

A
B
C
D

Then:

A → Withdraws
B → Withdraws
C → Withdraws
D → Remains

Result:

D may be declared elected without a poll, subject to the statutory procedure.

Important

This is called:

Uncontested election

or:

Unopposed election.


23. If Two or More Candidates Remain

Suppose:

A
B
C

After withdrawal:

A → Remains
B → Withdraws
C → Remains

Then:

A and C contest the election.

Polling is conducted according to the election schedule.


24. Withdrawal and Security Deposit

Withdrawal does not itself mean:

Security deposit is automatically forfeited.

The treatment of the deposit is governed by:

Election law

and the circumstances of the candidature.

Important

Withdrawal ≠ Automatic Deposit Forfeiture


25. Withdrawal and Election Expenditure

A candidate who withdraws is still subject to applicable:

Election expenditure and accounting requirements

for the period and activities covered by election law.

Important

Withdrawal does not automatically erase:

Past election-related obligations.


26. Withdrawal by Political Party Candidate

A candidate who was set up by a political party can personally withdraw their candidature.

Important

The political party cannot simply substitute another candidate after the statutory withdrawal deadline through an ordinary withdrawal.

The final list is governed by:

Section 38 and the election rules.


27. Party vs Candidate

Distinguish:

Political Party

May:

  • Set up a candidate
  • Authorise a candidate
  • Campaign for a candidate

Candidate

Can:

  • File nomination
  • Contest
  • Withdraw candidature

Important

Party support ≠ Candidate's legal withdrawal


28. Withdrawal After Final List

Once the:

Final List of Contesting Candidates

has been published, the ordinary statutory withdrawal period has ended.

A candidate cannot ordinarily use:

Section 37

to withdraw after this stage.

Principle

Before Deadline
→ Withdrawal possible

After Deadline
→ Section 37 withdrawal closed

29. Withdrawal and Election Symbols

The election symbol arrangement is finalized after the withdrawal period.

This ensures that the:

Final contesting candidates

are properly represented on the ballot/EVM.

Important

Symbol allotment should not be confused with:

Party recognition.


30. Withdrawal and Campaign Silence

The withdrawal period occurs before the election campaign reaches its final stage.

After the final list is published, candidates continue campaigning subject to:

  • Election law
  • Model Code of Conduct
  • Campaign restrictions
  • Silence period before polling

31. Withdrawal and NOTA

Withdrawal does not affect:

NOTA

directly.

NOTA remains an option for voters where applicable.

Important

If all candidates except one withdraw, the remaining candidate may be declared elected according to law; NOTA does not ordinarily create a requirement to conduct a contest where the election has become uncontested.


32. Withdrawal — Complete Flow

Election Notification
        ↓
Nomination
        ↓
Scrutiny
        ↓
Validly Nominated Candidates
        ↓
Withdrawal Period
        ↓
Candidate Gives Notice
        ↓
RO Receives Valid Notice
        ↓
Withdrawal Becomes Final
        ↓
Final List of Contesting Candidates
        ↓
Symbol Allotment
        ↓
Campaign
        ↓
Polling

33. Role of Returning Officer

The RO:

  • Receives withdrawal notices
  • Examines whether the notice satisfies statutory requirements
  • Records valid withdrawals
  • Publishes/prepares the final list of contesting candidates
  • Proceeds with symbol allotment according to the applicable rules

Important

The RO does not:

Choose which candidate should withdraw.

Withdrawal is the candidate's decision.


34. Role of Election Commission

The ECI:

  • Determines the overall election schedule
  • Issues instructions
  • Supervises election machinery
  • Provides forms and procedures
  • Oversees Returning Officers

Constitutional Basis

Article 324


35. Notice of Withdrawal

The withdrawal notice must satisfy the statutory requirements concerning:

  • Form
  • Signature
  • Delivery
  • Timing
  • Authorized mode of presentation

Important

An informal statement such as:

"I don't want to contest anymore"

does not by itself constitute a valid statutory withdrawal.


36. Withdrawal and Candidate's Consent

The withdrawal must represent the:

Candidate's intention

and satisfy the prescribed authentication requirements.

Important

A third party cannot ordinarily withdraw a candidate's candidature without authority.


37. Can an Election Agent Withdraw?

The law permits the withdrawal notice to be delivered by specified persons, including:

Election Agent

subject to the statutory requirements.

Important

This does not mean the election agent can independently invent a withdrawal decision contrary to the candidate's validly executed notice.

The statutory form and authentication requirements remain essential.


38. Withdrawal and Scrutiny

Withdrawal is possible only after the candidate has become:

Validly Nominated

Therefore

Nomination Rejected
→ Cannot Withdraw

Nomination Accepted
→ Can Withdraw

39. Withdrawal and Final Contesting List

This is a high-value UPSC sequence.

Section 36
→ Validly Nominated Candidates

Section 37
→ Withdrawal

Section 38
→ Contesting Candidates

Memory

36 → Valid

37 → Withdraw

38 → Contest


40. Withdrawal and Uncontested Election

If the number of remaining candidates is equal to or less than the number of seats to be filled, the election may become:

Uncontested

and no poll may be required.

Important

This is particularly relevant in:

  • Certain Rajya Sabha elections
  • Legislative Council elections
  • Local constituency elections
  • Other elections where the number of candidates does not exceed vacancies

41. Important Distinction — FPTP Election

For a single-seat Lok Sabha or Assembly constituency:

One candidate remains

→ No contest

Two or more candidates remain

→ Poll ordinarily required

Important

This is different from multi-seat or indirect elections.


42. Withdrawal in Rajya Sabha Elections

Rajya Sabha elections have a different electoral structure.

The withdrawal process still operates under the statutory framework, but:

The consequences of the number of remaining candidates

must be understood in the context of:

Seats to be filled + proportional representation by STV.

UPSC Point

Do not mechanically apply the one-candidate rule for a single-seat FPTP constituency to every type of election.


43. Withdrawal in Presidential Election

The Presidential election has a separate constitutional/statutory framework.

Withdrawal is governed by:

Presidential and Vice-Presidential Elections Act, 1952

and the applicable rules.

Important

Do not apply Section 37 of RPA 1951 directly to the Presidential election.


44. Withdrawal in Vice-Presidential Election

Similarly, the Vice-Presidential election is governed by:

Presidential and Vice-Presidential Elections Act, 1952

and its rules.

UPSC Trap

All Indian elections follow Section 37 of RPA 1951 for withdrawal.

❌ Incorrect

Different elections have different statutory frameworks.


45. Withdrawal vs Death of Candidate

WithdrawalDeath
VoluntaryUnforeseen event
Candidate choosesCandidate dies
Section 37Special statutory provisions
No automatic fresh electionMay trigger special election procedure
Notice requiredDeath certification/official process

46. Withdrawal vs Rejection of Nomination

WithdrawalRejection
Candidate voluntarily exitsRO invalidates nomination
After valid nominationDuring scrutiny
Section 37Section 36
No finding of disqualification necessarilyLegal defect/ground
Cannot ordinarily be revokedSubject to election-law remedies

47. Withdrawal vs Disqualification

WithdrawalDisqualification
VoluntaryLegal bar
Candidate's decisionLaw-based
Section 37Constitution/RPA
Occurs after valid nominationCan exist before/during candidature
No implication of wrongdoingMay arise from conviction etc.

48. Withdrawal vs Defeat

Withdrawal

Candidate:

Leaves before polling

Defeat

Candidate:

Participates in polling but does not win

Important

A withdrawn candidate:

Does not receive a vote as a contesting candidate.


49. Important Legal Provisions

ProvisionSubject
Section 30, RPA 1951Appointment of election dates
Section 36, RPA 1951Scrutiny
Section 37, RPA 1951Withdrawal
Section 38, RPA 1951List of contesting candidates
Section 53, RPA 1951Uncontested election
Section 55, RPA 1951Death of candidate before poll in certain elections
Conduct of Elections Rules, 1961Detailed procedure/forms

Most Important

Section 37 → Withdrawal of Candidature


50. Section 37 — Core Points

SECTION 37

Who?
→ Validly nominated candidate

What?
→ Withdrawal of candidature

How?
→ Prescribed notice

To whom?
→ Returning Officer

When?
→ Before prescribed deadline

Result?
→ Candidate leaves contest

Can revoke?
→ No

51. Section 38 — After Withdrawal

Section 38 deals with:

Publication of list of contesting candidates

The list is prepared after:

Withdrawal period ends.

Sequence

Section 36
→ Validly Nominated

Section 37
→ Withdrawal

Section 38
→ Contesting Candidates

52. Section 53 — Uncontested Election

Where the number of contesting candidates is:

Equal to or fewer than the number of seats to be filled

the Returning Officer may declare the candidate(s) elected without a poll, according to the statutory framework.

Important

Withdrawal can therefore eliminate the need for polling.


53. Important Numbers

36
→ Scrutiny

37
→ Withdrawal

38
→ Contesting Candidates

53
→ Uncontested Election

55
→ Death of Candidate in Certain Elections

Memory

36 → Check

37 → Exit

38 → Contest

53 → No Contest


54. UPSC Prelims Facts

Fact 1

Withdrawal is governed mainly by:

Section 37, RPA 1951

Fact 2

Only a:

Validly nominated candidate

can withdraw.

Fact 3

Withdrawal must be:

Within the prescribed period

Fact 4

Notice is given to:

Returning Officer

Fact 5

Withdrawal must follow:

Prescribed procedure

Fact 6

Withdrawal:

Cannot ordinarily be revoked

Fact 7

Final list of contesting candidates:

Section 38

Fact 8

Uncontested election:

Section 53

Fact 9

Death of candidate in certain circumstances:

Section 55

Fact 10

Withdrawal occurs:

After scrutiny


55. Top UPSC Prelims Traps

Trap 1

A candidate can withdraw their candidature at any time before polling.

❌ Incorrect

Withdrawal is permitted only within the:

Prescribed withdrawal period.


Trap 2

A candidate whose nomination was rejected can withdraw.

❌ Incorrect

Only a:

Validly nominated candidate

can withdraw.


Trap 3

Withdrawal can be revoked before polling.

❌ Incorrect

A valid withdrawal:

Cannot be revoked.


Trap 4

Withdrawal is decided by the Returning Officer.

❌ Incorrect

The candidate chooses to withdraw; the RO receives and processes the notice.


Trap 5

Withdrawal and rejection are the same.

❌ Incorrect

Withdrawal is:

Voluntary

Rejection is:

Legal invalidation


Trap 6

The final list of contesting candidates is prepared immediately after nomination.

❌ Incorrect

It is prepared:

After scrutiny and withdrawal.


Trap 7

Withdrawal automatically forfeits the security deposit.

❌ Incorrect

Deposit treatment is governed separately by election law.


Trap 8

A political party can simply replace a candidate after the withdrawal deadline.

❌ Incorrect

The final contesting list is governed by the statutory framework.


Trap 9

Death of a candidate is the same as withdrawal.

❌ Incorrect

Death is dealt with under separate statutory provisions.


Trap 10

Section 37 applies identically to Presidential elections.

❌ Incorrect

Presidential elections have a separate statutory framework.


Trap 11

Section 38 deals with withdrawal.

❌ Incorrect

Section 37 → Withdrawal

Section 38 → Contesting Candidates


Trap 12

Section 53 deals with withdrawal.

❌ Incorrect

Section 53 → Uncontested Election


56. Statement-Based Practice

Statement 1

Section 37 of RPA 1951 deals with withdrawal of candidature.

✅ Correct

Statement 2

Only a validly nominated candidate can withdraw.

✅ Correct

Statement 3

A candidate can withdraw after the prescribed withdrawal deadline but before polling.

❌ Incorrect

Statement 4

A valid withdrawal can ordinarily be revoked before polling.

❌ Incorrect

Statement 5

The Returning Officer receives the withdrawal notice.

✅ Correct

Statement 6

The candidate must comply with the prescribed procedure for withdrawal.

✅ Correct

Statement 7

The final list of contesting candidates is prepared after withdrawal.

✅ Correct

Statement 8

A candidate whose nomination was rejected can withdraw.

❌ Incorrect

Statement 9

Withdrawal and disqualification are identical concepts.

❌ Incorrect

Statement 10

Withdrawal may result in an uncontested election.

✅ Correct

Statement 11

Section 38 deals with the list of contesting candidates.

✅ Correct

Statement 12

Section 53 deals with uncontested elections.

✅ Correct

Statement 13

Death of a candidate is dealt with under the same provision as voluntary withdrawal.

❌ Incorrect

Statement 14

A candidate who withdraws remains a contesting candidate until polling day.

❌ Incorrect

Statement 15

The withdrawal stage occurs after scrutiny and before the final list of contesting candidates.

✅ Correct


57. Match the Following

Column I

A. Section 36 B. Section 37 C. Section 38 D. Section 53 E. Section 55

Column II

  1. Withdrawal
  2. Death of candidate in certain elections
  3. Scrutiny
  4. Uncontested election
  5. List of contesting candidates

Answer

A → 3
B → 1
C → 5
D → 4
E → 2

58. Withdrawal Process — Complete Flow

VALID NOMINATION
        ↓
WITHDRAWAL PERIOD OPENS
        ↓
CANDIDATE DECIDES TO WITHDRAW
        ↓
PRESCRIBED NOTICE
        ↓
CANDIDATE / AUTHORISED PERSON
        ↓
RETURNING OFFICER
        ↓
NOTICE VALIDLY RECEIVED
        ↓
WITHDRAWAL BECOMES FINAL
        ↓
CANDIDATE REMOVED FROM CONTEST
        ↓
FINAL LIST UNDER SECTION 38
        ↓
SYMBOL ALLOTMENT
        ↓
CAMPAIGN
        ↓
POLL

59. Nomination → Scrutiny → Withdrawal

NOMINATION
→ Candidate enters

SCRUTINY
→ RO checks

VALID NOMINATION
→ Candidate becomes validly nominated

WITHDRAWAL
→ Candidate voluntarily exits

FINAL LIST
→ Remaining candidates contest

Golden Sequence

Submit → Check → Exit → Contest


60. Withdrawal — 30-Second Recall

SECTION 37
→ WITHDRAWAL

WHO?
→ VALIDLY NOMINATED CANDIDATE

WHEN?
→ PRESCRIBED PERIOD

NOTICE?
→ PRESCRIBED FORM / MANNER

TO?
→ RETURNING OFFICER

CAN REVOKE?
→ NO

AFTER WITHDRAWAL
→ SECTION 38

SECTION 38
→ FINAL CONTESTING CANDIDATES

SECTION 53
→ UNCONTESTED ELECTION

SECTION 55
→ DEATH OF CANDIDATE IN CERTAIN ELECTIONS

KEY DISTINCTIONS

36 → SCRUTINY
37 → WITHDRAWAL
38 → CONTESTING LIST
53 → UNCONTESTED
55 → DEATH

61. Golden UPSC Principle

Withdrawal of candidature is a voluntary exit from an election contest by a validly nominated candidate. Under Section 37 of the Representation of the People Act, 1951, the candidate must give the prescribed notice to the Returning Officer within the statutory withdrawal period. A valid withdrawal cannot ordinarily be revoked. After the withdrawal period, the Returning Officer prepares the final list of contesting candidates under Section 38. If the number of remaining candidates does not exceed the number of seats to be filled, the election may become uncontested under the applicable statutory procedure.

Final Formula

Section 36

↓

Validly Nominated Candidate

↓

Section 37

↓

Withdrawal Notice

↓

Final / Irrevocable Withdrawal

↓

Section 38

↓

Final List of Contesting Candidates

↓

Section 53 where applicable

↓

Uncontested Election

Ultimate Concept

Scrutiny decides who is validly nominated.

Withdrawal decides who voluntarily leaves.

Section 38 determines who finally contests.