Section 30A in The Orissa Co-operative Societies Rules, 1965
30A. [ Election of the Committee Members.] [Inserted by S.R.O.No. 851/70, dated 12.11.1970.]
- (i) The election of the members of the Committee of Society shall be held in the manner specified hereinafter.[(i-a) The Election Officer shall publish the date of the General Body Meeting of the Society for holding election two months prior to the date of such meeting in the newspaper circulated in the area of the concerned Society or by affixing notice in the notice-board of the Society and Its branches, if any.] [Inserted by S.R.O.No. 1127, dated 18.8.1978.](2)The election shall be held in the General Body Meeting of the Society and the provisions of the Bye-Laws not inconsistent with the Act or Rules may apply.(3)The notice of the General Body Meeting issued by the Election Officer shall contain the following information :(a)the date on which, the place at which and the hours between which the nomination paper shall be filed;(b)the date on which the place at which and hours between which the nomination paper shall be scrutinised;(c)the date on which, the place at which and the hours between which voting, if necessary, shall take place;(d)the place at which and hours between which, the electoral roll can be inspected by any members;(e)the number of vacancies to be filled up by election and the area of the constituency from which members are to be elected.(4)(a)The Secretary or the Executive Officer of the Society shall prepare constituency-wise, a list of members on the roll, with address who are qualified in accordance with the provisions of the Act, Rules and Bye-Laws to participate in the election as it stood thirty days prior to the date fixed for election and publish copies of the list by affixing them to the notice-board at the Head Office of the Society and all its branches, three weeks prior to the date fixed for election.(b)Objections, if any, concerning anything published in the list, may be heard by the Election Officer and decided within seven days of such publication and the final list shall be prepared and published.(c)A copy of the final list published shall be supplied by the Society, to any member on payment of such fees as may be specified by the Registrar.(5)(a)The nomination of the candidate shall be made in the prescribed form as the Schedule D, seven days prior to the date fixed for election. The forms shall, on application be supplied to any member, free of cost by Society.(b)Every nomination paper shall be signed by two members, whose names are included in the final Electoral Roll published for the purpose. One of the members shall sign the form as proposer and the other as seconder for the nomination.(c)The nomination paper shall contain a declaration signed by the candidate proposed for election to the effect that he is willing to stand for election.(d)Every nomination shall be presented to the Election Officer.(6)(a)The Election Officer, who receives the nomination papers shall maintain a register in which all nomination papers shall be entered strictly chronologically as soon as they are received and acknowledged, the receipt thereof if demanded. No nomination paper shall be entertained after the specified date and time. The register will show ;(i)Name of the candidate;(ii)Name of the proposer;(iii)Name of the seconder;(iv)Date and time of receipt of nomination paper;(v)Signature of Election Officer.(b)At the expiry of the time specified for the receipt of the nomination paper, the Election Officer shall draw up a horizontal line under the last nomination paper, received for the constituency or otherwise in the Register and write underneath "Nomination Closed" and fix his signature with date and time. No nomination papers shall be accepted after nomination has been closed.(c)The Election officer shall give all reasonable facilities to the contesting candidate to examine all the nomination papers and raise any objection regarding the validity of any candidate's nomination within 3 days of the date fixed for filing of nomination papers and furnish proof therefor.(d)At the time of scrutiny the Election Officer shall endorse his decision of acceptance or rejection on the nomination paper and the symbol proposed by the candidate in accordance with the provisions of the Orissa Co-operative Societies Act, Rules and Bye-Laws of the Society, and in case of rejection he shall record in writing the reason for such rejection. The Election Officer is the final authority as regards approval of the symbol or imposition of any other symbol which is binding on candidate concerned.(7)The list of valid nominations shall be published on the Notice Board of the Society and any other place decided by Election Officer immediately after scrutiny and at least 24 hours before the polling.(8)Any candidate may withdraw his candidature by a letter in writing signed by him and deliver to the Election Officer at any time after the presentation of his nomination paper, and before the hours of the time fixed for taking vote, by the candidate in person. Letter of withdrawal of a candidate once given shall be final.(9)Notwithstanding any other provision of the Rules or Bye-Laws of the Society, voting for election shall be by secret ballot.(10)(a)The proceedings of the Election Meeting shall commence by the Election Officer or any person authorised by him after explaining the nature and object of meeting to the assembled voters. He shall maintain order in the meeting and shall see that the election is fairly conducted. For this purpose he may take resort of the polling assistance.(b)The Secretary or the Executive Officer of the Society shall provide the ballot boxes, ballot papers, copy of the final electoral rolls and other articles as may be necessary for conducting the election.(c)Immediately before the commencement of the election, the Election Officer or the person presiding over the meeting shall show the empty box to such person, as may be present at the time and shall lock it up and place his seal upon it in such manner so as to present its being opened without breaking the seal and place it in front of him.(d)The ballot paper shall contain the names of the candidates in regional language or English language, alongwith the symbol of the candidate, the seal of the Society concerned and the signature of the Election Officer or the person presiding over the meeting and any other special mark by the Election Officer.(e)There shall be a separate compartment screened from observation in which the members are to record their votes.(f)No ballot paper shall be issued to a member unless the Election Officer or the person presiding over the meeting is satisfied that the member concerned is the same person as noted in the list furnished to him.(g)On receiving the ballot paper a member shall forthwith proceed into the polling compartment, put a mark on the ballot paper against the name or names of the candidate or candidates for whom he desires to vote and insert the ballot papers into the ballot box kept before the Election Officer with the utmost secrecy.(h)If owing to physical infirmity or illiteracy, a member is unable to make the ballot paper, the Election Officer or any person presiding over the meeting shall ascertain from him, the candidate or candidates on whose favour he desires to vote, put the mark on his behalf and insert the ballot paper into ballot box.(i)The Election Officer or any person presiding over the meeting shall close the polling station at the hour appointed in that behalf in the notice, so as to present admission thereto or any voter after that hour.(j)No ballot paper shall be issued after the appointed closing hour but any voter who has received his ballot paper before that hour shall be allowed a reasonable opportunity to record his vote.(k)An elector who inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering it to the Election Officer or any person presided over the meeting and satisfying him of the inadvertence the letter shall together with its counterfoil be marked as 'cancelled' by the Election Officer or any person presided over the meeting who shall put his signature thereto.(l)The counting of votes commence as soon as possible after the voting is completed. Votes shall be counted by or under the supervision of the Election Officer. Each candidate has a right to be present at the time of counting.(m)A ballot paper shall be rejected by the Election Officer, if -(i)it bears the mark by which member who votes can be identified; or(ii)it does not bear the seal of the Society; or(iii)it does not bear the signature of the Election Officer or the officer presiding ever the meeting or any other special mark given in the ballot paper by the Election Officer; or(iv)the mark indicating the symbol of voting the name or symbol of a candidate is marked in such manner as to make it doubtful to which candidates, the vote has been cast; or(v)it bears no mark at all.(n)(i)The Election Officer shall count the votes and declare the result. Proceeding shall be recorded in the Minute Book of the Society by the Election Officer with a copy to the Registrar, Deputy Registrar or the Assistant Registrars, as the case may be.(ii)Any person other than the Election Officer, acting as Presiding Officer on completion of the polling shall carry the sealed polling box to the Election Officer who shall count the votes and declare result in the manner as above.(iii)The result shall be decided on majority of vote and in case of equality of votes for two or more candidates the result shall be declared by lot, provided that, decision by lot shall be applied only in case of equality of votes for the last seat.(iv)Before declaration of the result the Election Officer shall tally the number of ballot paper issued by him with the number cast, rejected and cancelled and if there is any discrepancy, he shall order for a fresh poll on the same day or on any other day fixed by him.(v)On completion of election, the Election officer shall handover the ballot papers and all other records relating to the election in a secured container to the Secretary or the Executive Officer of the Society which shall be locked and sealed with the seal of the Society, the seal of the Election Officer and the seal of any contesting candidate if he so desires in such a manner so as to prevent it being opened without breaking the seal. The ballot papers shall be destroyed after expiry of the period of three months if no dispute relating to the election is referred to [under the act.] [Substituted by A. & C. Department Notification No. 1807-dated 1.2.1986 - See Orissa Gazette Extraordinary No 137, dated 5.2.1986.]
