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State of Odisha - Section

Section 40 in Orissa Pani Panchayat Rules, 2003

40. Election of President Secretary and Treasurer of the Pani Panchayat.

(1)The Executive Committee of the Pani Panchayat shall be formed by all the elected executive members from Chak Committees at the rate of one from each Chak situated within the Pani Panchayat area.
(2)The election of the President, the Secretary and the Treasurer of the Pani Panchayat shall be held in the office of the Pani Panchayat or at such other public place as the Election Authority may determine in the notification under Sub-rule (2) of Rule 38.
(3)The Election Officer within three days of publication of result of election of Executive Committee members of the Pani Panchayat shall issue a notice in plain paper to all the members of the Executive Committee of the Pani Panchayat giving clear seven days time to hold the election of the President, the Secretary and the Treasurer of the Pani Panchayat at the appointed place. The notice of the election shall be served on all the members of the Executive Committee of the Pani Panchayat personally by obtaining acknowledgement of the member or any adult member of his family.Note - The notice shall also be published in the office of the Pani Panchayat. The Executive Committee of the Pani Panchayat shall hold its first meeting under the chairmanship of the Election Officer.
(4)
(a)Nomination of every candidate shall be made in plain paper. Every nomination paper shall be signed by two members of Executive Committee as proposer and seconder and the candidate shall also sign expressing his willingness to contest the election to the office of the President/the Secretary/the Treasurer, as the case may be :
Provided that the same person cannot be proposer or seconder for more than one candidate for any of the offices.
(b)There shall be separate nomination papers for the post of the President, the Secretary and the Treasurer,
(c)The candidates shall present nomination papers to the Election Officer on the spot.
(5)The Election Officer, after receiving the nomination papers during the appointed hour, shall scrutinize them, make a list and read out the names of the candidates whose nominations are found valid.
(a)A validly nominated candidate may withdraw his/her candidature by presenting a written application in plain paper to the Election Officer on the spot. After withdrawal of the candidature, the Election Officer shall publish and read out the final list of the candidates for the election.
(b)If there are two or more candidates for any of the offices,election shall beheld by secret ballot and vote of the members present at the meeting shall be taken subject to the condition that no election shall take place unless more than 50 per cent of the members of the Executive Committee are present to cast their votes.
(6)The names of the finally published valid candidates shall be legibly written on the ballot paper in Oriya in the following format :
Sl.No. Name of the candidate with name of father orhusband Symbol
President1.2.    
Sl.No. Name of the candidate with name of father orhusband Symbol
Secretary1.2.    
Treasurer1.2.    
(7)Every member present and wishing to vote shall be supplied with a ballot paper duly authenticated by the Election Officer.
(a)The members shall proceed one after another to the place set apart for the voting and secretly place the rubber stamp bearing arrow cross mark on the symbol of the candidates(s) for whom he or she wishes to vote and then fold and insert the ballot paper in the ballot box placed in full view of the Election Officer.
(b)Immediately after the voting is over, the Election Officer shall count the votes in presence of the members present and record the number of votes secured by each candidate in a plain paper.
(c)The candidate securing the highest number of valid votes shall be declared by the Election Officer to have been elected to the post of the President/the Secretary/the Treasurer, as the case may be, on the same day.
(d)In the event of equality of votes between two or more candidates, the Election Officer shall draw a lot in presence of the candidates. Candidate whose name is first drawn shall be declared as duly elected.
(8)The Election Officer shall prepare a record of the proceedings of the meeting, sign it and attest with his initial every-correction made therein and permit the members present at the meeting to affix their signature to the said record.
(9)The Election Officer shall also notify the names of the winning candidate on the notice board of the Pani Panchayat and forward a copy of the same to the Election Authority.