Section 88 in The Rajasthan Waqf Board (Election of Members) Rules, 1999
88. Election of the Chairperson.
(1)Whenever the Board is constituted or re-constituted and whenever a vacancy of chairperson of the Board arises on account of his death, resignation, removal or otherwise, the State Government shall take necessary steps for convening a meeting of the members of the Board to elect one from amongst themselves as the Chairperson of the Board.(2)Notice of the place, date and time of such meeting shall be given by the Chief Election Authority to all the members of the Board which shall not be less than ten clear days previous to the date of the meeting. The notice shall be sent by registered post or by such other mode as the Chief Election Authority may consider expedient to every member at his ordinary place of residence. Such notice shall also be published by affixing it on the notice board of the office of the Board.(3)The meeting of the members of the Board shall be held at the place and on the date and time specified in the notice and shall be presided over by the Chief Election Authority.(4)The notice convening the meeting, among other things, may specify the hour or hour or hours during which nomination paper shall be received, scrutinised or may be withdrawn.(5)The nomination of a candidate for election as chairperson of the Board shall be in Form 30. If shall be presented to the Chief Election Authority by the candidate or his proposer.(6)Immediately after the time for receipt of nomination paper is over; the Chief Election Authority shall cause to be published on the notice-board of the Board a list in Form 31 containing the names of the candidates whose nominations have been received.(7)The Chief Election Authority shall examine the nomination papers received by him and shall decide all objections, which may be made to any nomination. On an objection or on his own motion and after such summary inquiry as may be deemed necessary, the Chief Election Authority shall reject the nomination of any candidate on any one or more of the following grounds:-(a)that the candidate suffers from any of the disqualification specified in section 16 of the Act;(b)that the candidate has been removed from the office of Chairperson or membership of the Board under section 20 of the Act;(c)that the proposer is a person who is not a member of the Board;(d)that any of the provisions of this rule has not been complied with:Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or of the name of his proposer or of any other particulars relating to the candidate or his proposer, if any identity of the candidate and his proposer is otherwise established beyond reasonable doubt.(8)The Chief Election Authority shall endorse on each nomination paper his decision accepting or rejecting the same and if the nomination paper is rejected, he shall also record in writing a brief statement of reasons for such rejection.(9)Immediately after the scrutiny of the nomination papers is over, the Chief Election Authority shall publish a list containing the names of the validity nominated candidates in Form 32 affixing it on the notice-board of the Board.(10)A candidate may withdraw his candidature at anytime before the commencement of the poll by giving a notice in writing to that effect to the Chief Election Authority. A candidate who his withdrawn his candidature shall not be allowed to withdraw such withdrawal.(11)If there is only one duly nominated candidate, there shall be no poll and such candidate shall be declared by the Chief Election Authority to have been duly elected as Chairperson of the Board. If there are two or more duly nominated candidates, the Chief Election Authority shall hold election of Chairperson of the Board by secret ballot.(12)Every member of the Board present at the meeting shall be supplied with a ballot paper in Form 33 on which the names of the contesting candidates shall be typed, cyclostyled or legibly written in Hindi language, in the same order as they appear in the list of contesting candidates. The ballot paper shall also bear the seal and signature of the Chief Election Authority.(13)The member of the Board voting shall place a cross mark (X) in column 3 of the ballot paper against the name of the candidate for whom he wishes to vote with a pen. He shall then fold up the ballot paper so as to conceal his vote and deposit the same in a sealed ballot box placed in the view of the Chief Election Authority.(14)In the meeting when poll is taken, votes shall be cast only by members present in the meeting and no member shall be allowed to vote by post or proxy.(15)The Chief Election Authority shall, after the voting is over, open the ballot box and count the valid votes in favour of each candidate in the presence of such members as may be present.(16)Any ballot paper which bears any mark or signature of voters by which the voter can be identified or on which the cross-mark (X) is placed against more than one name or in which no cross-mark is placed or which does not bear the seal and signatures of the Chief Election Authority shall be held to be invalid and shall not be counted in favour of any candidate.(17)After the counting of votes is over, the Chief Election Authority shall declare the result of the election in the following manner:-(a)The candidate securing the largest number of valid votes shall be declared to have been duly elected as Chairperson of the Board.(b)If there is an equality of valid votes among the candidates, the Chief Election Authority shall draw lot and the candidate whose names is first drawn shall be declared to have been duly elected as Chairperson of the Board.(18)Immediately after the declaration of result of the election under sub-rule (17), the Chief Election Authority shall-(a)prepare a record of the proceedings at the meeting and sign the proceedings. He shall also put his initials on corrections, if any, in the proceedings and may, in his discretion, permit any member present at the meeting to affix his signatures below such proceedings, if he expresses his desire to do so; and(b)publish on the notice-board of the office of the Board, a notification in Form 34 signed by him stating the name of the person elected as Chairperson of the Board at the meeting and also send a copy of such notification to the State Government.Part - IXShia [Waqf] [Substituted by Notification No. G.S.R. 123, dated 7.12.2015 (w.e.f. 16.1.1999).]s Board and Shia Members
