- [(1) On or before the date appointed for the nomination of candidates for a ward election, each candidate shall deposit or cause to be deposited with Returning Officer in cash a sum of five thousand rupees; and no candidate shall be deemed to be duly nominated unless such deposit has been made:

Provided that, where the candidate is a member of a Scheduled Castes, Scheduled Tribes, Backward Class or Citizens or a woman, the amount of deposit shall be two thousand and five hundred rupees:

Provided further that, where the candidate has filed more than one nomination paper, it shall not be necessary to deposit a separate amount for each nomination paper.]

(2)

The deposit shall be returned if-

(a) the candidate is declared or is deemed to be duly elected, or

(b) [ the candidate signifies in writing to [to an officer of the State Election Commissioner] [Clause (b) was substituted by Bombay 1 of 1946, Section 10, read with Bombay 8 of 1948, Section 4.] not latter than [three days] [These words were substituted for the words seven days by Maharashtra 33 of 1989, Section 4.] after the day of election his intention not to contest the election, or]

(c) the nomination of the candidate is declared invalid, or

(d) the candidate dies, [* * * *] [The words 'in the case of a ward election' were omitted by Bombay 32 of 1935, Section 3(b)(i).] after the security of nomination papers and before the commencement of the poll [* * *] [The word 'and' was deleted by Bombay 24 of 1936, Section 2. Schedule.] [* * *] [The words 'in the case of an election by co-option, before the day fixed for the election by co-option' were omitted by Bombay 32 of 1935, Section 3(b)(i).] or

(e) the candidate fails to be elected but secures [* * * *] [The words a first vote 'in the case of an election by Co-option, and, in the case of a ward election' were omitted by Bombay 32 of 1935, Section 3(b)(ii).] valid votes in excess of the number specified in sub-section (4).

(3)

The deposit shall be returned to the person by whom it was made. If a candidate dies [* * * *] [The words 'in the case of a ward election' and 'or, in the case of an election by co-option, before the day fixed for the election', respectively, were omitted by Bombay 32 of 1935, Section 3(c).] before the day fixed for the poll, [* * *] [The words 'or for election by co-option' and the words 'for election or co-option as the case may be' were omitted by Bombay 32 of 1935, Section 3(a).] the deposit, if made by him shall be returned to his legal representative or, if not made by the candidate shall be returned to the person by whom it was made.

(4)

If a candidate is not elected and [* * *] [The words 'if, in the case of an election by co-option he fails to secure any first vote, or in the case of a ward election' were omitted by Bombay 32 of 1935, Section 3(d).] if the number of valid votes polled by him does not exceeds one-eight of the total number of valid votes polled [* * *] [The words 'divided by the number of councillors to be elected in the ward for which the candidate, is nominated' were deleted by Maharashtra 8 of 1965, Section 13.] the deposit shall be forfeited to the corporation.

(5)

The deposit shall if it is not forfeited be returned as soon as may be after the declaration of the result of the election under section 32:

Provided that if a candidate is duly nominated at a general election in more than one ward, not more than one of the deposits made by him or on his behalf shall be returned and the remainder shall be forfeited to the corporation].