Section 6 in Tamil Nadu Homeopathy System of Medicine and Practitioners of Homeopathy Rules, 1972
6.
(1)When a vacancy in the council occurs or at any time before six months of the date, when such a vacancy will occur in the ordinary course of events, the president shall, in the case of a nominated member, inform the Government of the vacancy and in the case of an elected member, issue a precept to the electorate apprising it of the said vacancy and requiring it to elect a substitute within a date mentioned in the precept. Such precept shall be published in the Tamil Nadu Government Gazette, and in any two English daily newspapers of this State.(2)(i)The Returning Officer shall prepare and publish in the Tamil Nadu Government Gazette the preliminary rolls of all electors in Form I for each of the electorates specified in sub-clauses (i) and (ii) of clause (a) of section 4 together with a notice stating that any objection relating to the entries in, or omissions from, the said electoral rolls may be preferred on, or before a specified date to him.(ii)After the said date, the Returning Officer shall consider the objections received, if any, and shall, if necessary, revise the electoral rolls. The electoral rolls as finally published shall be final and conclusive.(3)On receipt of any precept under sub-rule (1), the Returning Officer shall forthwith display on the notice board in his office a copy of the final electoral rolls referred to in clause (ii) of sub-rule (2) above.(4)The register of medical practitioners prepared under section 16 as last published in the Tamil Nadu Government Gazette together with the list published by the Returning Officer in the Tamil Nadu Government Gazette of medical practitioners registered under the said Act subsequent to the publication of the said register shall be the final electoral roll for the electorate specified in sub-clauses (i) and (ii) of clause (a) of section 4.(5)Candidates for election shall be nominated by means of nomination papers in Form II.(6)The Returning Officer shall, on application made to him by an elector, supply free of cost the nomination papers in Form II to the applicant.(7)(i)Every nomination paper shall be presented by an elector as proposer and by an elector as seconder:Provided that no elector shall subscribe more nomination papers than there are seats to be filled.Provided further that if more than the prescribed number of nomination papers be subscribed by the same elector, the prescribed number of nomination papers first received by the Returning Officer shall, if otherwise in order, be held to be valid and if more than the prescribed number of nominations signed by the same elector be received simultaneously by the Returning Officer, all such nomination papers shall be held to be invalid.(ii)On receipt of each nomination paper the Returning Officer shall forthwith endorse thereon the date and hour of receipt over his initials.(8)Nomination papers which are not received by the Returning Officer before the date and the time appointed in that behalf shall be rejected.(9)(i)On or before the date appointed for the receipt of nomination papers, each candidate intending to contest for election under sub-clauses (i) and (ii) of clause (a) of section 4 shall deposit or cause to be deposited with the Returning Officer a sum of fifty rupees in cash, and no candidate shall be deemed to be duly nominated unless such deposit has been made.(ii)If a candidate by whom or on whose behalf the deposit referred to in clause (i) has been made withdraws his candidature in the manner and within the time specified in rule 10 or if the nomination of such candidate is rejected, the deposit shall be returned to the person by whom it was made, and if any candidate dies before the commencement of the counting of votes, the deposit, if made by the deceased candidate, shall be returned to his legal representatives or if not made by the deceased candidate shall be returned to the person by whom it was made.(iii)If a candidate by whom or on whose behalf the deposit referred to in clause (i) has been made is not elected and the number of votes polled in his favour does not exceed one-eighth of the total number of votes polled, the deposit shall be forfeited to the council.(iv)For the purpose of clause (iii), the number of votes polled shall be deemed to be the number of voting papers counted as valid by the Returning Officer.(v)The deposit made in respect of a candidate, whether he is elected or not, shall, if it is not forfeited under clause (iii), be returned to the candidate or to the person who has made the deposit on his behalf, as the case may be, and as soon as may be, after the publication of the result of the election in the Tamil Nadu Government Gazette.(10)(i)On the date and at the time appointed by the president of the council for the scrutiny of nomination papers, every candidate and his proposer and seconder may attend the office of the Returning Officer, who shall allow them to examine the nomination papers of all the candidates which have been received by him as aforesaid.(11)The Returning Officer shall examine the nomination papers and may, either of his own motion or on objection made, decide all questions which may raise as to the validity of any nomination and his decision thereon shall be final.(11)(i)If the number of candidates who contest for election is equal to the number of members to be elected, the Returning Officer shall forthwith declare such candidates to be duly elected.(ii)(a)If the number of such candidates is less than the number of vacancies, all such candidates, if any, shall be declared to be elected, and the president of the council shall, in accordance with the provisions of sub-rule (1), take steps to fill the remaining vacancy.(b)If the number of such candidates exceeds the number of members to be elected, the Returning Officer shall forthwith publish a list containing the names and addresses of such candidates in the Tamil Nadu Government Gazette.(iii)Any candidate may withdraw his candidature by notice in writing subscribed by him and delivered to the Returning Officer or other person authorized by him at or before 3 O'clock in the afternoon within fourteen days from the date of the publication in the Tamil Nadu Government Gazette of the list referred to in sub-clause (b) of clause (ii):Provided that if the last of such day is a public holiday within the meaning of section 25 of the Negotiable Instruments Act, 1881 (Central Act XXVI of 1881), or has been notified by the State Government as a day to be observed as a holiday in Government Offices, the notice shall be considered as having been received in due time if it is presented at or before 3 O' clock on the next succeeding day which is neither such a public holiday nor a day so notified.(iv)On receipt of a notice of withdrawal under clause (iii), the Returning Officer shall cause it to be published in the Tamil Nadu Government Gazette.(v)A candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal or to be re-nominated as a candidate for the same election.(vi)If the number of candidates who are duly nominated and who have not withdrawn their candidature in the manner and within the time specified in clause (iii) exceeds that of the vacancies, the Returning Officer shall forthwith publish their names in the Tamil Nadu Government Gazette and shall cause their names to be entered in the voting paper in Form IV in alphabetical order. The alphabetical order is to be determined with reference to the order of the surnames of candidates having surnames and the names proper of other candidates.(vii)On or before the date appointed by the president of the council in this behalf, the Returning Officer shall send by post to each elector a letter of intimation in Form V together with a numbered declaration paper in Form III and a voting paper in Form IV which shall bear on it the Returning Officer's initials or facsimile signature. A certificate of posting shall be obtained in respect of each such letter of intimation sent to an elector.(viii)Before the voting paper is issued to an elector, the Returning Officer shall place a mark against the name of the elector concerned in the electoral roll, or a copy of it, used for the purpose of the electoral.(ix)An elector who has not received his voting and other connected papers sent by post or whose papers, before their dispatch back to the Returning Officer have been inadvertently spoilt in such manner that they cannot conveniently be used, or who has lost his papers may apply with a signed declaration to that effect, for new papers in the place of those not received, spoilt or lost. If the papers have been spoilt, they shall be returned to the Returning Officer who shall cancel the same on receipt. On receipt of the application, the Returning Officer shall, if he is satisfied that there is a case for supply of fresh papers, supply such papers to the elector.(x)In every case where new papers are issued under clause (ix), a mark shall be placed against the name of the elector in the copy of the electoral roll referred to in clause (viii) to denote that new papers have been issued in place of those not received, spoilt or lost.(xi)No election shall be invalidated by reason that an elector has not receive his voting paper, provided that a voting paper has been issued in accordance with these rules.(12)Every elector desirous of recording his vote shall, after filling up the declaration paper and the voting paper according to the direction given in the letter of intimation, enclose the voting paper in the voting paper cover, stick it up, enclose this cover and the declaration paper in the outer envelope addressed to the Returning Officer and send it by registered post at his own cost to the Returning Officer so as to reach him not later than the day and the latest hour fixed for the poll. All envelopes received after such day and hour as well as envelopes received by unregistered post shall be rejected:Provided that, at his option, the elector may in person or by messenger deposit the envelope containing the declaration paper and the closed cover containing the voting paper in the ballot box which shall be provided at the office of the Returning Officer on the day and during the hours fixed for the poll.(13)On receipt of the envelopes by registered post containing the declaration paper and the closed cover containing the voting paper, the Returning Officer shall endorse on the outer envelope the date and hour of receipt over his initials or facsimile signature.(14)(1) A voting paper cover shall be rejected by the Returning Officer, if-(a)the outer envelope contains no declaration paper outside the voting paper cover, or(b)the outer envelope, the declaration paper or the voting paper is not the one sent by the Returning Officer, or(c)the declaration is not signed by the elector, or(d)the voting paper is placed outside the voting paper cover, or(e)more than one declaration or voting paper cover have been enclosed in one and the same outer envelope.In each case of rejection, the word "Rejected" shall be endorsed on the voting paper cover or the declaration paper.(2)After satisfying himself that the electors have affixed their signatures to the declarations, the Returning Officer shall keep all the declaration papers in safe custody, pending disposal under sub-rule (16).(15)(i)The Returning Officer shall attend for the purpose of scrutiny and counting of the votes at the date, time and place appointed by the president of the council in this behalf.(ii)All the voting paper covers, other than those rejected under sub-rule (13), shall be opened and the voting papers taken out and mixed together. The voting papers shall, then, be scrutinized and the valid votes counted.A voting paper shall be invalid if-(a)it does not bear the Returning Officer's initials or facsimile signature; or(b)a voter signs his name or writes a word or makes any mark on it by which it becomes recognizable; or(c)no vote is recorded thereon; or(d)the number of votes recorded therein exceeds the number of vacancies to be filled; or(e)It is void for uncertainty of one or more votes exercised:Provided that where more than one vote can be given on the same voting paper, if one of the marks is so placed as to render it doubtful to which candidate it is intended to apply, the vote concerned, but not the whole voting paper shall be invalid on that account.(iii)Every candidate may be present in person or may send a representative duly authorized by him in writing to watch the process of counting.(iv)The Returning officer shall show the voting papers, if requested to do so, to the candidates or their authorized representatives, at the time of scrutiny and counting of votes.(v)If any objection is made to any voting paper on the ground that it does not comply with the instructions therein or to the rejection by the Retiring Officer of a voting paper, it shall be decided at once by the Returning Officer whose direction shall be final.(16)(i)When the counting of the votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates, as the case may be, to whom the largest number of votes has been given to be duly elected.(ii)When an equality of votes is found to exist between any candidates and the addition of a vote will entitle any of the candidates to be declared duly elected, the determination of the person to whom such one additional vote shall be deemed to have been given shall be made by lot to be drawn in the presence of the Returning Officer and in such manner as he may determine.(17)Upon the completion of the counting and after the result has been declared by him, the Returning Officer shall seal the voting paper and all other documents relating to the election and shall retain the same for a period of six months and, thereafter, cause them to be destroyed.(18)The president of the council shall appoint and notify in the Tamil Nadu Government Gazette and in such other manner as he think fit the date, time and place for-(a)the receipt of nomination papers and their scrutiny;(b)the sending of voting papers;(c)the poll; and(d)the scrutiny and counting of votes.(19)The Returning Officer shall inform the president of the council of the result of the election, who shall, then, publish it in the Tamil Nadu Government Gazette.(20)The council may, of its own motion, or on objection made, declare any election that has been to be void on account of corrupt practice or any other sufficient cause and may call on the electorate to make a fresh election. The decision of the council therefor shall be final.(21)The decision of the council on any question that may arise as to the application of these Rules shall be final.
