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
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.
The main provisions governing withdrawal are:
Section 36 → Who is validly nominated?
Section 37 → Who withdraws?
Section 38 → Who finally contests?
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.
Nomination
↓
Accepted at Scrutiny
↓
Validly Nominated Candidate
↓
Can 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.
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.
The notice of withdrawal may be delivered by:
The delivery must comply with the statutory requirements.
The withdrawal notice cannot simply be sent through an informal communication such as:
The prescribed statutory procedure must be followed.
The notice of withdrawal is made in the prescribed:
Form 5
under the Conduct of Elections Rules, 1961.
The candidate must use the prescribed procedure and form.
The notice must be delivered to the:
Returning Officer
at the place specified for the purpose under the election arrangements.
The withdrawal becomes legally effective only when the statutory requirements are satisfied.
The notice must reach the Returning Officer:
Before the prescribed deadline
on the last date for withdrawal.
The withdrawal period is:
Short and legally fixed.
A candidate cannot withdraw at any arbitrary time before polling.
This is one of the most important UPSC facts.
Once a valid withdrawal notice has been given:
It cannot be cancelled or revoked.
A candidate can withdraw and later restore their candidature before polling.
❌ Incorrect
Valid Withdrawal → Final
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.
Scrutiny → Legal decision
Withdrawal → Candidate's decision
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:
Death ≠ Withdrawal
These are completely different.
The:
Returning Officer
rejects a nomination because a legal ground exists.
The:
Candidate
voluntarily leaves the contest after valid nomination.
| Rejection | Withdrawal |
|---|---|
| Decision by RO | Decision by candidate |
| Based on legal grounds | Voluntary |
| Happens during scrutiny | Happens after scrutiny |
| Nomination becomes invalid | Valid nomination is voluntarily abandoned |
A legal bar prevents a person from:
Being chosen or continuing as a member.
A candidate voluntarily:
Leaves the election contest.
Withdrawal does not mean:
Candidate was disqualified.
Occurs:
Before election
and means the candidate leaves the contest.
Generally concerns:
An existing office or membership
after election.
A candidate withdraws their candidature by resigning from the legislature.
❌ Incorrect
A candidate has not yet become a legislator merely by contesting.
After the withdrawal period ends, the Returning Officer prepares:
Final List of Contesting Candidates
under:
Section 38 of RPA 1951.
All Nominees
↓
Scrutiny
↓
Validly Nominated Candidates
↓
Withdrawal
↓
Final Contesting Candidates
The final list contains candidates who:
A candidate who successfully withdraws:
Does not appear
in the final list of contesting candidates.
After the withdrawal period closes, the Returning Officer prepares the final list and proceeds with:
Election Symbol Allotment
according to the applicable rules.
Scrutiny
↓
Withdrawal
↓
Final List
↓
Symbol Allotment
↓
Campaign
A candidate who withdraws:
Cannot continue as a contesting candidate.
They cease to be part of the election contest.
Their campaign activities as a candidate should stop because they are no longer a:
Contesting Candidate.
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.
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.
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.
This is called:
Uncontested election
or:
Unopposed election.
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.
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.
Withdrawal ≠ Automatic Deposit Forfeiture
A candidate who withdraws is still subject to applicable:
Election expenditure and accounting requirements
for the period and activities covered by election law.
Withdrawal does not automatically erase:
Past election-related obligations.
A candidate who was set up by a political party can personally withdraw their candidature.
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.
Distinguish:
May:
Can:
Party support ≠ Candidate's legal withdrawal
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.
Before Deadline
→ Withdrawal possible
After Deadline
→ Section 37 withdrawal closed
The election symbol arrangement is finalized after the withdrawal period.
This ensures that the:
Final contesting candidates
are properly represented on the ballot/EVM.
Symbol allotment should not be confused with:
Party recognition.
The withdrawal period occurs before the election campaign reaches its final stage.
After the final list is published, candidates continue campaigning subject to:
Withdrawal does not affect:
NOTA
directly.
NOTA remains an option for voters where applicable.
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.
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
The RO:
The RO does not:
Choose which candidate should withdraw.
Withdrawal is the candidate's decision.
The ECI:
Article 324
The withdrawal notice must satisfy the statutory requirements concerning:
An informal statement such as:
"I don't want to contest anymore"
does not by itself constitute a valid statutory withdrawal.
The withdrawal must represent the:
Candidate's intention
and satisfy the prescribed authentication requirements.
A third party cannot ordinarily withdraw a candidate's candidature without authority.
The law permits the withdrawal notice to be delivered by specified persons, including:
Election Agent
subject to the statutory requirements.
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.
Withdrawal is possible only after the candidate has become:
Validly Nominated
Nomination Rejected
→ Cannot Withdraw
Nomination Accepted
→ Can Withdraw
This is a high-value UPSC sequence.
Section 36
→ Validly Nominated Candidates
Section 37
→ Withdrawal
Section 38
→ Contesting Candidates
36 → Valid
37 → Withdraw
38 → Contest
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.
This is particularly relevant in:
For a single-seat Lok Sabha or Assembly constituency:
→ No contest
→ Poll ordinarily required
This is different from multi-seat or indirect 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.
Do not mechanically apply the one-candidate rule for a single-seat FPTP constituency to every type of 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.
Do not apply Section 37 of RPA 1951 directly to the Presidential election.
Similarly, the Vice-Presidential election is governed by:
Presidential and Vice-Presidential Elections Act, 1952
and its rules.
All Indian elections follow Section 37 of RPA 1951 for withdrawal.
❌ Incorrect
Different elections have different statutory frameworks.
| Withdrawal | Death |
|---|---|
| Voluntary | Unforeseen event |
| Candidate chooses | Candidate dies |
| Section 37 | Special statutory provisions |
| No automatic fresh election | May trigger special election procedure |
| Notice required | Death certification/official process |
| Withdrawal | Rejection |
|---|---|
| Candidate voluntarily exits | RO invalidates nomination |
| After valid nomination | During scrutiny |
| Section 37 | Section 36 |
| No finding of disqualification necessarily | Legal defect/ground |
| Cannot ordinarily be revoked | Subject to election-law remedies |
| Withdrawal | Disqualification |
|---|---|
| Voluntary | Legal bar |
| Candidate's decision | Law-based |
| Section 37 | Constitution/RPA |
| Occurs after valid nomination | Can exist before/during candidature |
| No implication of wrongdoing | May arise from conviction etc. |
Candidate:
Leaves before polling
Candidate:
Participates in polling but does not win
A withdrawn candidate:
Does not receive a vote as a contesting candidate.
| Provision | Subject |
|---|---|
| Section 30, RPA 1951 | Appointment of election dates |
| Section 36, RPA 1951 | Scrutiny |
| Section 37, RPA 1951 | Withdrawal |
| Section 38, RPA 1951 | List of contesting candidates |
| Section 53, RPA 1951 | Uncontested election |
| Section 55, RPA 1951 | Death of candidate before poll in certain elections |
| Conduct of Elections Rules, 1961 | Detailed procedure/forms |
Section 37 → Withdrawal of Candidature
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
Section 38 deals with:
Publication of list of contesting candidates
The list is prepared after:
Withdrawal period ends.
Section 36
→ Validly Nominated
Section 37
→ Withdrawal
Section 38
→ Contesting Candidates
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.
Withdrawal can therefore eliminate the need for polling.
36
→ Scrutiny
37
→ Withdrawal
38
→ Contesting Candidates
53
→ Uncontested Election
55
→ Death of Candidate in Certain Elections
36 → Check
37 → Exit
38 → Contest
53 → No Contest
Withdrawal is governed mainly by:
Section 37, RPA 1951
Only a:
Validly nominated candidate
can withdraw.
Withdrawal must be:
Within the prescribed period
Notice is given to:
Returning Officer
Withdrawal must follow:
Prescribed procedure
Withdrawal:
Cannot ordinarily be revoked
Final list of contesting candidates:
Section 38
Uncontested election:
Section 53
Death of candidate in certain circumstances:
Section 55
Withdrawal occurs:
After scrutiny
A candidate can withdraw their candidature at any time before polling.
❌ Incorrect
Withdrawal is permitted only within the:
Prescribed withdrawal period.
A candidate whose nomination was rejected can withdraw.
❌ Incorrect
Only a:
Validly nominated candidate
can withdraw.
Withdrawal can be revoked before polling.
❌ Incorrect
A valid withdrawal:
Cannot be revoked.
Withdrawal is decided by the Returning Officer.
❌ Incorrect
The candidate chooses to withdraw; the RO receives and processes the notice.
Withdrawal and rejection are the same.
❌ Incorrect
Withdrawal is:
Voluntary
Rejection is:
Legal invalidation
The final list of contesting candidates is prepared immediately after nomination.
❌ Incorrect
It is prepared:
After scrutiny and withdrawal.
Withdrawal automatically forfeits the security deposit.
❌ Incorrect
Deposit treatment is governed separately by election law.
A political party can simply replace a candidate after the withdrawal deadline.
❌ Incorrect
The final contesting list is governed by the statutory framework.
Death of a candidate is the same as withdrawal.
❌ Incorrect
Death is dealt with under separate statutory provisions.
Section 37 applies identically to Presidential elections.
❌ Incorrect
Presidential elections have a separate statutory framework.
Section 38 deals with withdrawal.
❌ Incorrect
Section 37 → Withdrawal
Section 38 → Contesting Candidates
Section 53 deals with withdrawal.
❌ Incorrect
Section 53 → Uncontested Election
Section 37 of RPA 1951 deals with withdrawal of candidature.
✅ Correct
Only a validly nominated candidate can withdraw.
✅ Correct
A candidate can withdraw after the prescribed withdrawal deadline but before polling.
❌ Incorrect
A valid withdrawal can ordinarily be revoked before polling.
❌ Incorrect
The Returning Officer receives the withdrawal notice.
✅ Correct
The candidate must comply with the prescribed procedure for withdrawal.
✅ Correct
The final list of contesting candidates is prepared after withdrawal.
✅ Correct
A candidate whose nomination was rejected can withdraw.
❌ Incorrect
Withdrawal and disqualification are identical concepts.
❌ Incorrect
Withdrawal may result in an uncontested election.
✅ Correct
Section 38 deals with the list of contesting candidates.
✅ Correct
Section 53 deals with uncontested elections.
✅ Correct
Death of a candidate is dealt with under the same provision as voluntary withdrawal.
❌ Incorrect
A candidate who withdraws remains a contesting candidate until polling day.
❌ Incorrect
The withdrawal stage occurs after scrutiny and before the final list of contesting candidates.
✅ Correct
A. Section 36 B. Section 37 C. Section 38 D. Section 53 E. Section 55
A → 3
B → 1
C → 5
D → 4
E → 2
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
NOMINATION
→ Candidate enters
SCRUTINY
→ RO checks
VALID NOMINATION
→ Candidate becomes validly nominated
WITHDRAWAL
→ Candidate voluntarily exits
FINAL LIST
→ Remaining candidates contest
Submit → Check → Exit → Contest
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
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.
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
Scrutiny decides who is validly nominated.
Withdrawal decides who voluntarily leaves.
Section 38 determines who finally contests.