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State of Tripura - Section

Section 61 in The Tripura Co-operative Societies Rules, 1976

61. Election of members of the committee by the general body of the society.

(1)
(a)The election of members of the Committee of a society shall be held in the manner specified hereinafter.
(b)The Registrar or any other officer authorised by him shall appoint one or more Election Officers as may be necessary for conducting the election of committee members and the election of President, Vice-President or any other office bearer of the society.
(2)The election shall be held in the general meeting of the society.
(3)The notice of the general meeting under sub-rule (5) of Rule 90 shall be sent by local delivery or by post or by publication through press and contain the following information:
(a)the date on which, the place at which and the hours between which the nomination papers shall be filed;
(b)the date on which, the place at which and the hours between which the nomination papers shall be scrutinised;
(c)the date on which, the place at which and the hours between which voting shall take place;
(d)the place at which and the hours between which the elected roll can be inspected by any member;
(e)the number of vacancies with class of members (if any) to be filled up by election and the area of the constituency from which members are to be elected (if for any area or constituency the election is held).
(4)
(a)The Secretary or manager or managing director or the Executive Officer or any other person responsible for the management of the affairs of society shall prepare the list of members on the roll with address who are qualified in accordance with the provisions of the Act, rules and the bye-laws to participate in the elections as it stood 30 (Thirty) days prior to the date of election and publish copies of the same by affixing them to the notice board at the head office of the society and all its branches (if there be), 4 (four) 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 decide within 7 days of such publication and the final list shall be prepared and published.
(e)A copy of the final list published shall be supplied by the society to any member on payment of such fee as may be specified by the Registrar or any other person authorised by him.
(5)
(a)The nomination of the candidate shall be made in Form X on the date filed as mentioned in Rule 61 (3) (a).
(b)Every nomination paper shall be signed by two members whose names are included in the final list of the electoral roll published for the purpose. One of the members shall sign in the form as proposer and the order 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 attend for election.
(d)Every nomination shall be presented to the election officer in person in the office of the society.
(6)
(a)The Election Officer who received the nomination papers shall maintain a register in which all nomination papers shall be entered chronologically as soon as they are received and acknowledge the receipt, if demanded. No nomination paper shall be entered after specified date and time.
(b)At the expiry of time specified for the receipt of nomination paper, the Election Officer, shall draw up a horizontal line under the last nomination paper received and write underneath "Nomination closed" and affix his signature with date.
(c)The Election Officer shall give all reasonable facilities to the contesting candidates to examine all nomination papers and raise objection.
(d)At the time of scrutiny, the Election Officer shall endorse his decision of acceptance or rejection on the nominated paper. In case of rejection, he shall record in writing briefly the reason for such rejection on the nomination paper.
(e)The Election Officer is the final authority as regards approval of the symbol or imposition of any symbol, which is binding on the candidate concerned: Provided that if the number of eligible candidates does not exceed the number of candidates to be elected, the Election Officer shall declare such eligible candidate to be duly elected.
(7)The list of valid nomination shall be published in the notice board of the society or any other place as decided by the Election Officer immediately after scrutiny.
(8)Any candidate may withdraw his candidate by a letter in writing signed by him and delivered to the Election Officer seven days prior to the date fixed for general meeting by the candidate in person. The letter of withdrawal of a candidate once given shall be final.
(9)
(a)Notwithstanding any other provision of the rules or bye-laws of the society, the voting shall be by secret ballot as required under sub-section (2) of Section 65.
(b)The Election Officer shall maintain order in the election meeting and shall see that election is fairly conducted. For this purpose he may take the help of police assistance.
(10)The Secretary or the Manager or Managing Director or the Executive Officer or any other person responsible for the management of the affairs of the society shall provide the ballot boxes, ballot papers, copy of final electoral rolls and other articles as may be necessary for conducting the election.
(11)There shall be a separate compartment to be known as Polling compartment screened from observation by others in which the members are to record their votes.
(12)No ballot paper shall be issued to a member unless the Election Officer or any person authorised by him is satisfied that the member concerned is the same person as noted in the electoral roll furnished to him.
(13)On receiving the ballot paper, a member shall forthwith proceed into the polling compartment, put a cross mark on the symbol/symbols of ballot papers against the name or names of the candidate or candidates for whom he desires to vote and insert paper into the ballot box kept before the Election Officer or any officer authorised by him with the utmost secrecy.
(14)If owing to physical infirmity or illiteracy, a member is unable to mark the ballot paper, the Election Officer or any person presiding over the meeting shall ascertain from him the candidate or candidate in whose favour he desires to vote, put the mark on his behalf and insert the ballot paper into the ballot box.
(15)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.
(16)An elector who inadvertently dealt with his ballot paper in such a manner that cannot be conveniently used as a ballot paper may, on delivering it to the Election Officer or any person authorised by him to preside over the meeting and satisfying him of the inadvertency the latter shall together with its counterfoil be marked as 'Cancelled' by the Election Officer or any person authorised by him to preside over the meeting who shall put his signature thereto.
(17)The counting of votes shall commence as soon as possible after voting is completed. Votes shall be counted by or under the supervision of Election Officer. Each candidate has a right to be present at the time of counting.
(18)A ballot paper shall be rejected by the Election Officer if-
(i)it bears the mark by which the member who voted can be identified; or
(ii)it does not bear to seal of the society; or
(iii)it does not bear the signature of the Election Officer or any officer authorised to preside over the meeting or any special mark given in the ballot paper by the Election Officer; or
(iv)the marks indicating the symbol of voting against the name or symbol of a candidate is marked in such mariner as to make it doubtful to which candidate, the vote has been cast or it bears no marks at all.
(19)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. Each candidate has a right to be present at the time of counting.
(20)Before declaration of the result, the Election Officer shall tally the number of ballot papers issued by him with the numbers cast, rejected and cancelled and if there be any discrepancy, he shall order for a fresh poll on the same day or on any other day fixed by him.
(21)On completion of election, the Election Officer, shall band over the ballot papers and other records relating to the election in a secured container in the Secretary or Manager or Managing Director or the Executive Officer or any other person responsible for the management of the affairs of the society which shall be locked and sealed with the seal of the society and the Election Officer and of the candidates who desire to affix their seals. The ballot papers shall be destroyed after the expiry of the period of 3 months if no dispute relating or the election is referred to the Registrar.