Section 15 in First Statutes of the University of Udaipur
15. Election of the representative members
- The following procedure shall be observed in the election of the representative members mentioned in section 19 (1) III (ii) and (iii) of the Act;I. Mode of Election of two representatives of the Registered graduates of the University.The following procedure shall be observed regarding the election of two representatives of the registered graduates of the University as members of the Board:(1)Notification of the Election Programme.-The Returning Officer shall prepare and notify outside his office an election programme specifying the date and time as given in Schedule 1 for:(i)The notification of elections;(ii)Preparation and publication of the electoral rolls;(iii)The filing of nomination papers;(iv)The scrutiny of nomination papers;(v)Withdrawal of nomination papers;(vi)Taking of poll if necessary; and(vii)The counting of votes and declaration of results:Provided that if any of the dates fixed is declared a holiday in the University then the next working day shall be considered as the proper date.(2)Enrolment of Registered Graduates.-The Returning Officer shall also notify that all graduates of the College or the University desirous of participating in the election may get themselves enrolled as registered graduates of the University.(3)Preliminary Electoral Rolls.-(i) The Returning Officer shall maintain an electoral roll showing the names and addresses of all registered graduates qualified to vote:(ii)Complete Rolls shall be published every time, in the year of election and shall be exhibited outside and made available in the office of the Registrar, at least two months before the date of election by the Returning Officer;(iii)A supplement to the existing roll shall however, be published every year.(4)Objections.-(i) Objections if any, regarding the names of any person in the electoral rolls may be made to the Returning Officer indicating the grounds for such objections by the appointed date.(ii)The Returning Officer shall consider the objections, if any, received under sub-clause (i) and decide as to the validity of the objections and shall have authority to correct the electoral rolls, or the annual supplement thereof by adding, altering or omitting the names therein. The decision of the Returning Officer, thereon, shall be final subject to revision by the Vice- Chancellor upon the application of the aggrieved candidate made within a period of seven days from the date of the decision of the Returning Officer.(5)Publication of the Final Electoral Rolls.-(i) The final Electoral Rolls shall be published and forwarded to each member by registered post by the appointed date.(ii)Copies of the final Electoral Rolls shall be made available at the University Office during office hours.(6)Nomination of Candidates.-(i) In the year in which election is to take place, the Returning Officer shall issue a notice of election asking for filing the nominations in Form I of Schedule II for two seats on the Board within the date and time specified in the notice issued in accordance with Schedule I. The said notice shall be published in the news-papers to be selected by the Returning Officer.(ii)Nomination of a candidate eligible to fill a vacancy under these Statutes shall be by one elector and supported by another elector on Form 2 of Schedule II obtainable from the Returning Officer or on an identical form, which shall be forwarded to the Returning Officer by name under a registered cover, so as to reach him by the date and time mentioned in Schedule I.(iii)The candidate proposed shall sign his nomination form as a token of his consent to stand for the election.(iv)The candidate shall deposit with the Comptroller a sum of Rs. 100/- in cash by the date and time mentioned in Schedule I which sum shall be forfeited in case he does not secure in the election at least one fourth of the minimum number of votes. The security shall be refunded if the candidate has withdrawn his name in the manner indicated in clause 10 by communicating the fact to the Returning Officer by the date mentioned in Schedule I for that purpose.(7)Scrutiny of Nomination Papers.-(i) All nomination papers shall be scrutinised by the Returning Officer on the date specified in the Schedule I and at the time and the place duly notified to all the candidates.(ii)A candidate or a representative of the candidate appointed by him, in writing may be present at the scrutiny.(8)Invalidation of Nomination Papers.-In any of the following cases, the Returning Officer shall declare the nomination papers invalid:-(i)if the same proposer or his seconder has signed the nomination paper of more than one candidate;(ii)If the candidate or his proposer or his seconder owns any money to the University on the date of publication of the final electoral rolls; and(iii)If the name of the candidate or his proposer or his seconder does not appear in the electoral rolls as finally published.(9)Decision of Disputes.-If during the course of the scrutiny of the nomination papers, any dispute or doubt arises, the Returning Officer shall refer the dispute or doubt to the Vice-Chancellor who shall determine whether the nomination of the Candidate invalid or not, or decide the dispute or doubt as the case may be, and the decision of the Vice-Chancellor shall be final.(10)Withdrawal of Nomination Papers.-A candidate may withdraw his nomination form contesting an election by sending a registered letter of withdrawal duly signed by him and attested either by a first class Magistrate or Dean, Associate Dean, Director of the University or any Gazetted Officer, to the Returning Officer by the date and time fixed for the purpose. A withdrawal once made cannot be cancelled.(11)Final list of candidates.-After the time for withdrawal of nomination has lapsed the Returning Officer shall notify the final list of candidate validly nominated by affixing the same on the notice board of the University office.(12)No election if only one candidate.-If only one candidate is validly nominated and has not withdrawn his candidature he shall be declared to be duly elected without the taking of any poll.(13)Taking the Poll.-(i) If the number of candidates contesting is more than the seats vacant, a poll shall be taken.(ii)The recording of votes shall be by two methods-(a)by post.(b)in person through polling booths.Note.-Recording of votes through polling booths shall be for electors whose addresses as recorded in the register of Registered Graduates are in the towns where polling booths are established by the Vice-Chancellor. In other places, i.e., the places where polling booths have not been established the votes shall be recorded by post.(iii)The Returning Officer shall appoint Presiding Officers of these polling booths and issue instructions to these Presiding Officers for the conduct of election and to ensure the safety of the ballot papers, ballot boxes and their transit.(iv)The following procedure shall be followed in respect of the polling to be conducted at the polling booths;(a)The elector shall receive the ballot paper in Form 6 of the Schedule II containing the numbers of duly nominated candidates in alphabetical order with their academic degrees, titles, and addresses. The ballot papers shall be scaled with the University seal after noting on its counterfoil the number of the elector on the register of Registered Graduates and the counterfoil shall be retained by the Returning Officer.(b)The elector shall put a cross mark on the bailor paper against the name of the candidate for whom he intends to vote.(c)The elector after receiving the ballot paper shall not leave the room of the Returning Officer or of the Presiding Officer of the polling booth without depositing the ballot paper in the ballot box.(d)The ballot boxes shall be closed immediately the time fixed for election has expired and no elector shall be permitted to deposit his ballot paper after that time.(e)The ballot boxes shall be brought to the University office immediately after the day of election and shall be kept in the custody of the Returning Officer.(v)The following procedure shall be followed in respect of the postal ballots:-(a)The Returning Officer shall send intimation of the persons validly nominated for election, together with other details in Form 3 of Schedule II under registered cover to every elector, resident in India on the address given in the register of the Registered Graduates. This shall be accompanied by voting paper in Form 6 of Schedule II containing the number of duly nominated candidates in alphabetical order with their academic degrees, title and addresses and a covering letter in Form 4.(b)The voting paper shall be sealed with the University seal after noting on its counterfoil the number of the elector on the register of Registered Graduates and the counterfoil shall be retained by the Returning Officer.(c)No election shall be invalid by reason of non-receipt of any notice or because an elector has failed to receive the ballot paper or has not received it in time to return it to the Returning Officer by the time mentioned in Schedule I.(d)An elector who has inadvertently dealt with his voting paper or covering letter in such a manner that it cannot be properly used or has lost his voting paper or covering latter may after satisfying him of the loss of the voting paper or the covering letter as the case may be, obtain another voting paper or covering letter in place of the spoilt or lost paper.(e)The spoilt voting paper or the covering letter together with their counterfoils shall be marked as cancelled and the new one supplied together with its counterfoil shall be marked as duplicate.(f)The elector shall put a cross mark on the ballot paper against the name of the person for whom he intends to vote.(g)An elector shall sign his covering letter in the presence either of a Dean or a Director or a Magistrate of the rank not lower than that of a Magistrate First Class or a subordinate Judge of any Gazetted Officer.(h)An elector in military service may sign his covering letter in the presence of the Officer Commanding or Adjutant of his Unit.(i)The elector shall then put the covering latter along with the enclosed envelope containing his voting paper, in a second envelope in Form 5 (none of the Two envelopes to bear any kind of mark outside) and forward the same in a registered cover addressed to the Returning Officer so as to reach him nos latter than the date and hour notified for the closing of the ballot:Provided that no count will be taken of the voting paper in the closed envelope unless the covering letter, which accompanies it bears on it the signature and the serial number of the elector and is countersigned and authenticated by the authority in whose presence the elector had signed his covering letter, who shall authenticate the covering letter with his signature and designation.(j)The Returning Officer shall as soon possible after the receipt of such envelopes deposit them in the ballot box. Any envelope received after the day and time fixed for the closing of the ballot or otherwise than by registered post shall be treated as invalid.(k)If any of the persons mentioned above who is vested with the authority to countersign and authenticate the covering letters is himself seeking election as a member of the Board from the registered graduates constituency he shall not countersign or authenticate covering letter of the voters.(vi)Ballot boxes containing ballot papers received by registered post or through the polling booths and before the date notified for closing of ballot shall be opened on the date and the time fixed for the counting of votes.(vii)Ballot paper covers shall be rejected if-(a)The envelope contains no covering letter outside the ballot paper cover: or(b)the covering letter does not beat on it the signature and the serial number of the elector, or is not countersigned and authenticated in that manner indicated above, or(c)the envelopes containing the voting paper bear any kind of mark outside; or(d)the ballot paper is placed outside the ballot paper cover; or(e)if the envelope containing the ballot paper is received at any time later than the closing of the ballot; and(f)if the ballot paper cover is received otherwise than by registered post.(viii)When the ballot paper cover rejected under the circumstances mentioned in sub-clause (vii) above the ballot paper kept therein shall also be deemed to have been rejected;(ix)Without prejudice to the provision contained in the foregoing sub-clause the ballot papers received by post or through polling booths, shall be rejected if-(a)The voter has signed his name or written any word or made mark on the ballot paper by which it becomes recognisable; or(b)no vote is recorded thereon; or(c)the number of votes recorded by the elector exceeds one.Explanation.-Any defacement of the cross-mark on the voting paper which makes it doubtful whether the mark is as it was originally made or which shows that there has been an attempt to alter, suppress or erase it; or the placing of the cross-mark in such a way as to render it doubtful to which candidate it is intended to apply, shall render the ballot paper invalid.(x)As soon as the scrutiny of the ballot paper covers or the ballot papers is over, the ballot papers shall be counted by the Returning Officer during such time as may be announced by him.(xi)A candidate or his authorised agents who must be voters shall be allowed to be present at the time of counting of votes:Provided that the number of authorised agents including the candidates shall not exceed the number of counting seats.(14)Declaration of Results.-(i) The candidate receiving the highest number of votes shall be declared duly elected. When one or more than one candidates have secured equal number of votes, the final selection shall be made by drawing lots.(ii)[ Vice-Chancellor shall then take action to obtain the Chancellor's orders appointing him as a member of the Board and communicate the same to him.] [Reworded by Resolution No. 48. dated 27-10-1964 and approved by the Chancellor on 18-11-1964.](15)Election Petitions.-The election of a returned candidate conducted in accordance with the procedure herein mentioned may be questioned by an election petition on one or more of the following grounds, namely:-(i)That on the date of election the returned candidate was not qualified to be chosen to fill the seal; or(ii)That any corrupt practice mentioned/below has been committed by the returned candidate or his counting agent or any other person with the consent of returned candidate or his counting agent.Explanation:-For the purpose of this sub-clause any of the following acts shall be deemed to be the corrupt practice for the purpose of election under these Statutes, namely:-(a)Bribery i.e. any gift, offer or promise by the candidate or by any other person of any gratification to any person whomsoever with the object directly or indirectly, of inducing a person to stand as or not to stand as or to withdraw from being a candidate or to vote or refrain from voting at an election;(b)Undue influence, i.e. any direct or indirect interference on the part of a candidate with the free exercise of any illegal right; and(c)Systematic appeal by a candidate to vote on ground of caste, race or religion.(iii)That any ballot paper has been wrongly rejected or has not been rejected which ought to have been rejected under the provisions of the Statutes.(iv)That the result or the election, in so far as it concerns the returned candidate has been materially affected:-(a)By the improper receipt of, refusal or rejection of any vote or the receipt of a vote which is void; and(b)By any non-compliance with the provisions of the Act or any Statutes made thereunder.(v)That in fact the petitioner or some other candidate has received a majority of valid votes or that he ought to have been declared elected.(16)Who shall hear petitions.-(i) The election petition shall be heard by a committee consisting of the Vice-Chancellor and two members of the Board nominated by the Board. The Vice-Chancellor shall be ex-officio Chairman and in his absence the other member present shall elect one of them as Chairman of the committee.(ii)The decision of the committee shall be final and shall not be liable to be questioned in any court of law.(iii)In the case of difference of opinion the decision of the majority shall prevail:Provided that two members shall form quorum of the committee; and provided further that in case of difference of opinion between these two members the decision of Vice-Chancellor or in his absence the member who acts as the Chairman, shall prevail and shall be final.(17)Presentation of Petition.-(i) An election petition shall be presented within 30 days from the date on which the result of the election in question is announced by the Returning Officer.(ii)The election petition may be presented in person, or sent by registered post, to the Vice-Chancellor, by any candidate to such election or by any elector.(18)Parties to the petition.-A petitioner shall join as respondent to his petition.-(a)Where the petitioner, in addition to claiming a declaration that the election of the returned candidate is void, claims a further declaration that he himself or some other candidate has been declared duly elected all the contesting candidates other than the petitioner, and where no such further declaration is claimed, the returned candidate;(b)Any other candidate against whom allegation of any corrupt practices are made in the petition.(19)Contents of petition.-An election petition shall-(a)Contain a concise statement of the material facts on which the petitioner relies;(b)Set forth full particulars of any corrupt practice that the petitioner alleges; including the names of the parties alleged to have committed such corrupt practices and the date and places of commission of each such practice; and(c)Shall be signed the petitioner in the presence of a Dean, Associate Dean, Director, or a Magistrate of the rank not lower than that of the Magistrate First Class or a subordinate Judge or any other Gazetted Officer.(20)Procedure.-The committee shall adopt the following procedure in hearing the election petition.-(i)All questions of facts involved shall be proved by evidence to be recorded by the Chairman under his direction and in his presence.(ii)Any appearance, application or fact in connection with the election petition may be made or done by the party in person or by his counting agent who is not a legal practitioner, and whose authority has been filed before and approved by the Chairman of the Committee. No witness or other person shall be required to state for whom he voted at election.(iii)The Chairman of the Committee mentioned in clause (16) above shall, as soon as may be, cause a copy of the election petition together with a copy of the schedules or annexures there to be served on such respondent at the expenses of the petitioner.(iv)All election petition in respect of the same election may, in the discretion of the Committee be tried separately or in one or more groups.(v)Each party to the election petitions shall prove his case by producing witnesses:Provided that the Chairman of the Committee may, in his discretion refuse to examine any witness, if he is of opinion that his or her evidence is not material for the decision of the petition or that the party for producing such witness is doing so on frivolous grounds or with a view to delay the proceeding.(vi)The reasonable expenses of the witnesses shall be paid by the party producing them and shall if the Committee so directs be or the part of the costs.(vii)The Committee may adjourn the hearings of the election petition on sufficient cause, on such conditions as it may think fit.(21)Security for Costs.-A person filing the election petition shall deposit in the University office a sum of Rs. 100/- in favour of the Chairman of the Committee as security for the costs of the petition. The committee may also direct the petitioner or any other party to the petition to deposit such further security for cost as it may direct, and if the petitioner or the party fails to comply with this order the time mentioned herein, the petition or the defence of the party concerned would be dismissed or struck off as the case may be, and the amount already deposited by way of security if any, shall stand forfeited to the University.(22)Withdrawal of the Petition.-An election petition may be withdrawn only by leave of the Committee, provided that the petitioner shall pay the reasonable cost of the respondent as the committee may direct.(23)Petition when to be dismissed.-The Committee shall dismiss an election petition which does not comply with the provisions to clause (17), (18) and (21).(24)Abatement of Petitions.-An election petition shall abate on the death of the returned candidate or of the sole petitioner.(25)Decisions of the Committee.-(i) The Committee shall declare void the election of a returned candidate on any of the grounds specified in Clause (15).(ii)The Committee while declaring the election of the returned candidate to be void and may also declare that the petitioner or any other candidate, as the case may be, has been duly elected:Provided that the petitioner has, in addition to calling in question the election of the returned candidate, has claimed a declaration that he himself or any other candidate has been duly elected.(26)Effect of the Orders of the Committee.-Whereby any order of the Committee, the election of a returned candidate is declared void-(i)acts and proceedings of the meetings in which that candidate has before the date of the order, participated as a member of the Board, shall not be invalid by reason of that order nor shall such a candidate be responsible to any liability or penalty on the ground of such participation.(ii)fresh election shall take place according to these statutes.(27)Miscellaneous.-(i) The Returning Officer shall retain until the expiry of six months from the date of the election all the papers connected with election in a sealed cover to be sealed in the presence of a committee consisting of the two members of the Board to be nominated by the Vice-Chancellor and shall then, subject to any direction to the contrary, made by the Vice- Chancellor, cause them to be destroyed.(ii)The Vice-Chancellor shall be competent if an emergency arises:(a)to assume the powers of the Returning Officer and function as such either by himself or by deputing any other person when in the course of the conduct of any election the Returning Officer cannot carry out his duties: and(b)to postpone with the prior consent obtained by a resolution of l/3rd of the members of the Board, and if there be no Board, by the consent of the Chancellor, the dates fixed in the programme for transaction of business connected with election at any intermediate stage.II. Election of one representative of each of the faculty of science of the various Universities in Rajasthan.(1)For the purpose of clause (iii) of part III of sub-section (i) of Section 19 of the Act, the Registrar of the University of Udaipur shall address the Registrars of the various Universities in Rajasthan as established by law requesting them to conduct the election by ballot or by such other method as may be approved by the Vice-Chancellor of the Universities concerned, to elect one representative of each of the Faculty of Science of the University concerned to be the representative member of the Board.(2)The Registrar of the University concerned shall communicate to the Registrar of the University of Udaipur the name of the person so elected, and the Vice-Chancellor shall, upon the receipt of this communication, take action to obtain Chancellor's order appointing the duly elected member to the Board and communicate the same to him.
