Section 440 in The U.P. Co-operative Societies Rules, 1968
440. [ [Substituted by Notification No. 2700/XLIX-1-94-7(1)-94, dated 15.7.94.]
(1)In the year in which election of a co-operative society is to be held the District Magistrate of the District in which the headquarter of the society or societies is situated shall, subject to the order of the Registrar arrange holding of election in a co-operative society or class or classes of cooperative societies as given below:-(a)Committee of Management, Chairman, Vice-Chairman and delegates to general body of another society in case of primary society other than those which have area of operation extending to more than one revenue district.(b)Committee of Management, Chairman, Vice-Chairman and delegates to general body of another society in case of marketing societies, block unions and central societies other than referred to in clause (c), (d) and (e) of this rule, and of the delegates of individual members to the general body in case of societies having area of operation of more than one revenue district and having membership of individual members.(c)Committee of Management, Chairman, Vice-Chairman, and delegates to general body of another society in case of district Co-operative Federation and other district level societies other than Central/District Co-operative Bank.(d)Committee of Management, Chairman, Vice-Chairman and delegates to general body of another society, in case of District/Central Co-operative Banks and the Committee of Management, Chairman, Vice-Chairman and delegates to the general body of another society in case of societies other than apex societies having area of operation extending to more than one revenue district.(e)Committee of Management, Chairman, Vice-Chairman and delegates of an apex society to the general body of any other societies including National Level Co-operative Society:Provided that the District Magistrate of the district in which the branch/branches of the Uttar Pradesh Sahakari Gram Vikas Bank Ltd., Lucknow or the sub-office of such societies having area of operation extending to more than one revenue district is situated shall arrange the election of delegates of members to the general body of such societies on the date specified by the Registrar.(2)The District Assistant Registrar or any other gazetted officer subordinate to the Registrar authorised by him shall maintain a register, showing necessary particulars relating to constitution of general body, Committee of Management and delegates of society, in respect of such co-operative societies having headquarters in the district on such form as may be prescribed by the Registrar.(3)It shall be the duty of the Secretary/Managing Director of a co-operative society to furnish all such in formations and particulars pertaining to the election to the Registrar or Election Officer as may be required by him from time to time.(4)For purpose of election of members of Committee of Management of a co-operative society, or as the case may be, of delegates to general body of a co-operative society, the Registrar shall, notwithstanding anything contained in the bye-laws of the society before the issue of notice under sub-rule (2) of Rule 44 for election of a Co-operative society or as the case may be of a class of co-operative society determine provisionally-(a)the number of constituencies in which the area of operation of the society shall be divided;(b)the extent of area of each constituency;(c)the total number of seats allotted to each constituency;(d)the number of seats reserved for weaker section.(5)The Registrar shall thereupon publish in local newspaper, the provisional determination made under sub-rule (4) for inviting objections within seven days from the date of such publication. A copy thereof shall also be sent to the concerned society for its comments.(6)The criteria for determination of constituency may be any one or more of the following, namely-(i)revenue area or areas;(ii)class or classes of membership;(iii)other rational basis in relation to area of operation of society:Provided that the unit of determination in case of primary agricultural credit society shall as far as possible be one or more Gaon Sabhas falling in the area of operation of the society.(7)The objections and comments received under sub-rule (5) shall be considered by the Registrar on the thirteenth day of such publication and thereafter he shall finally determine the constituencies, total number of seats and the number of seats reserved for the weaker section as referred in clauses (a) to (d) of sub-rule (4).(8)The final determination of the constituencies under sub-rule (7) shall be published in the local newspaper on the fourteenth day of such publication and a copy thereof shall be sent to the concerned society and the District Magistrate concerned.(9)Where by virtue of nomination made by the State Government under sub-section (1) or sub-section (1-A) of section 34 of the Act, it becomes necessary to re-determine the constituency, the Registrar shall re-determine the constituency in the manner laid down in this rule at the time when election of elected members of the Committee of Management is to be held.]
