Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Uttar Pradesh - Section

Section 40 in U.P. State Co-operative Societies Election Rules, 2014

40.

(1)The Election Officer of the Co-operative Society shall not accept nomination papers of any person, if: -
(a)He is ineligible to vote
(b)He is disqualified under the provisions of the Act, election rules or bye-laws of the Co-operative Society or has been declared ineligible for election by the Commission.
(2)Proposal for nomination shall be addressed to the Election Officer in Form-K. Objection to nomination shall also be addressed to him and such objections must be from any voter.
(3)The candidate shall present his nomination to the Election Officer in person or through his authorized agent and any entry thereof shall be made by the Election Officer in the register strictly in chronological order and he shall also acknowledge it and receipt of Form-K shall be given to the concerning candidate or his nominated agent:Provided that proposal and seconder to the nomination shall be a voter other than the candidate himself of the same constituency.
(4)The Election Officer shall enter the following entries in the register: -
(a)Name, father's name and address of the candidate;
(b)Name, father's name and address of the proposer and seconder.
(c)The date and time of receipt of nomination papers and shall be signed by the Election Officer.
(5)The Election Officer shall after the expiry of the time for filing nomination papers draw up a horizontal line underneath the entry of the last nomination paper in the register, write there-under in words(nomination closed) and affix his signature with the date and time. A list of nomination shall be displayed on the notice-board of the Co-operative Society as soon as maybe after the expiry of time.
(6)The Election Officer shall take up scrutiny of nomination papers in alphabetical order on the date specified and the candidate, his proposer or seconder maybe present at the time of scrutiny.
(7)While scrutinizing the nomination, the Election Officer may -
(a)permit any clerical error in the nomination papers in regard to the names or numbers to be corrected in order to bring them in conformity with the corresponding entries in the voters' list;
(b)Where necessary direct that any printing error in the said entries maybe overlooked.
(8)At the time of scrutiny, the Election Officer shall endorse on each nomination paper the decision regarding acceptance or rejection. In case of rejection he will record in writing a brief statement of his reason for such rejection. The candidate whose nomination is rejected may obtain a copy of the order of rejection on payment of fees of Rs. ten to the Election Officer.
(9)Application for withdrawal of the nomination shall be made to the Election Officer in person on the prescribed form, only by the candidate concerned.
(10)Where the Election Officer finalizes the nomination after withdrawal of the nomination he shall also allot a symbol from the list of symbols approved by the commission in the same order of the symbol, as is serially indicated in the approved list to each valid nominations and in case the number of valid nominations exceeds the number of symbols approved by the commission, the Election Officer may allot any other symbol which may be different but may be available the symbols approved by the commission. The symbols so allotted shall be binding on the candidates concerned.
(11)The lists of final nominations containing the names of candidates in Hindi alphabetical order indicating their respective symbols and the address as given in the nomination papers shall be displayed at the headquarters of the society if situated in the district and in other cases at the office of the branch before the date of poll according to rule 36.