Section 73 in Pharmacy Council of India Regulations, 1952
73.
(1)Elections to the Council by the Inter-University Board shall be conducted in a manner prescribed in Appendix 'A' to the Regulations, if the elections are conducted by the post. In case the elections are held at a meeting of the Inter-University Board, the elections, on receipt of a requisition from the President of the Council, shall be conducted by secret ballot in accordance with the requirements prescribed in paragraph (1) of Appendix 'A' of the Regulations. In the event of a tie, the final elections shall be decided by drawing of lots and the result intimated to the President of the Council within fifteen days of the holding of the meeting.(2)Election of a member by the Medical Council of India under clause (c) of section 3 of the Act shall be conducted at a meeting of the Medical Council of India in accordance with the provisions contained in Appendix 'B'.(3)Election of a member to represent each Part A State elected by the member of each State Pharmacy Council under Clause (g) of Section 3 of the Act shall be made by the State Council at a meeting of that State Council on receipt of a requisition from the President of the Councils. If more than one nomination are received by the President of the State Pharmacy Council, the election shall be conducted by secret ballot. In the event of a tie, the President of the State Pharmacy Council shall have a second or casting vote. The result of the election shall be communicated to the President of the Council within ten days of the holding of the election.(4)The President and the Vice-President of the Council shall be elected at a meeting of the Council. The members shall first elect a Chairman to conduct the business who shall then call for nominations from among the members for the post of the President and the Vice-President. If more than one nominations are received for each of the posts of the President and the Vice-President, the Chairman shall conduct the elections by secret ballot. In the event of a tie, in either case, the final election shall be decided by drawing of lot. The election of the President shall be held first and thereafter that of the Vice-President.APPENDIX 'A'[See Regulation 73 (1)](1)The Inter-University Board shall elect six persons, among whom there shall be at least one teacher in each of the subjects, Pharmaceutical Chemistry, Pharmacy, Pharmacology and Pharmacognosy, from among persons on the teaching staff of Indian Universities of Colleges affiliated thereto which grant a degree or diploma in Pharmacy.(2)The Secretary of the Inter-University Board shall on receipt of a requisition from the President of the Council, issue a registered notice to each member of the Board calling for nominations for the seats referred to in paragraph (1) above. He shall, at the same time, fix a date, not later than [one month] [Substituted by S.O. 508, dated 16.2.1963] from the date of issue of the notice for nominations to be filed and supply the same to all members.(3)All nominaitons must be sent in a closed cover so as to reach the office of the Secretary, the Inter-University Board within the period fixed. Nominations received after the prescribed date will not be considered.(4)Nominations must be made on the prescribed form to be supplied by the Secretary of the Board and must be signed and dated by the member making the nominations; otherwise they will be held to be invalid.(5)If an election becomes necessary the Secretary of the Board shall within ten days of the expiry of the period stated in paragraph (2) prepare and forward under registered cover to all members of the Board a list of the nominations received according to the following groups :(a)Teachers of Pharmaceutical Chemistry;(b)Teachers of Pharmacy;(c)Teachers of Pharmacology;(d)Teachers of Pharmacognosy;(e)Other nominees.The Secretary shall, at the same time, fix a date, not later than [one month] [Substituted by S.O. 508, dated 16.2.1963] from the date of issue of the list referred to above, for the receipt of voting papers and notify the same to all members.(6)Members shall record their votes on the list referred to in paragraph (5) above by putting a cross against the names of the candidates for whom they wish to vote. The list will then be returned to the Secretary of the Board in a closed cover so as to reach his office before the date mentioned in paragraph (5) above. The list will be signed and dated by the member recording the votes; otherwise the votes will be held invalid.(7)Every member shall have six votes. A member may, subject to the provision of paragraph (1), distribute the votes among the several candidates in such manner as he deems fit.(8)The lists containing the votes of members shall be kept in closed covers unopened until the time and date fixed for their scrutiny. Due notice of such time and date as also the place of scrutiny shall be given by the Secretary of the Board to all members who shall have a right to be present during the scrutiny.(9)On the said day the Secretary of the Board shall open the covers and scrutinise the lists and count the votes in the presence of any members who may be present. He shall then prepare a return of the votes obtained by each person in accordance with the classification laid down in paragraph (5) above and forward the same to the President of the Council without delay.(10)The person or persons who have obtained the highest number of votes subject to the provisions of paragraph (1) shall be declared to have been duly elected. Where two or more persons have obtained and equal number of votes, the election will be decided by drawing of lots in such manner as the President of the Council may consider advisable.(11)The result of the elections will be notified by the President of the Council.(12)Any question relating to the interpretation of these regulations, not being a dispute regarding an election shall be referred to the President of the Pharmacy Council of India whose decision on such question shall be final.APPENDIX 'B'[See Regulation 73 (2)](1)Election shall be by votes which shall be taken by show of hands or by division or by ballot, as the President of the Medical Council of India may direct:Provided that votes shall be taken by ballot if three members so desire and ask for it :Provided further that if voting has been by show of hands a division shall be taken if a member asks for it.(2)The President of the Medical Council of India shall determine the method of taking votes by division.(3)The result of the vote shall be announced by the President of the Medical Council of India and shall not be challenged.(4)In the event of an equality of votes the President of the Medical Council of India shall have a second or a casting vote.
