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State of Maharashtra - Section

Section 36 in The Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967

36. Voters' list.

- [(1) The Collector shall call upon the District Deputy Registrar of Co-operative Societies to prepare and furnish to him a list of members of the Managing Committees of the Agricultural Credit Societies and the Multipurpose Co-operative Societies and call upon the Block Development Officer to prepare and furnish to him a list of members of the Village Panchayat showing distinctly the members belonging to the Scheduled Caste and Scheduled Tribes functioning in the market area and the Market Committee to prepare and furnish to him the list of traders and hamals and weighmen licenced by the Committee within such time as may be specified by him. Thereafter, the Collection shall cause to be prepared separately for each of the Constituencies a voters' list for holding the elections to the Market Committees :Provided that, where a person is qualified to vote from traders constituency or from Hamals' and Weighmen's Constituency, his name shall appear in the respective registers maintained by the Market Committee at least 3 months before the preparation of such lists.] [Sub-rule (1) was substituted by G. N. of 7.6.1990.]
(2)Every such list shall be revised before each general election, at least six months before the date on which the term of the Market Committee is due to expire :Provided that, the Collector may [* * *] [Deleted by G. N. of 14.11.1970.] direct the revision of such list also at any other time before any general election is due :
(3)[ The voters' list for Co-operative Societies' Constituency shall be prepared society wise. The voters' list for Village Panchayat's Constituency shall be prepared panchayat wise, indicating the details regarding members belonging to the Scheduled Caste and Scheduled Tribes etc. every list of voters for all the constituencies mentioned in sub-rule (1) of rule 35 shall provide, in alphabetical order, the name, age, residence and the category of the voters to which he belongs.] [Sub-rule (3) was substituted by G. N. of 7.6.1990.]
(4)[ * * * *
(5)* * * *] [Deleted by G. N. of 14.11.1970.]
(6)Every such list shall be published in Marathi provisionally within a period of one month from its receipt by the Collector in such manner as the Collector may deem fit.
(7)At the time of publishing the list of voters a notice shall be published in like manner calling upon persons entered in the list to lodge in the manner herein prescribed any objection that they have to make to the list as published, and upon persons claiming to be entered in the list, to lodge their claim in the manner herein prescribed.
(8)Such claim or objection shall be made in writing and shall specify the constituency in question, the grounds on which the right of any person to be entered in the list is asserted or denied, the evidence which the claimant or objector intends to lead, the address of the claimant or objector, his number, if any, in the list [* * *] [Deleted by G. N. of 14.11.1970.] and in the case of an objection, the number in the list of the person to whose entry objection is taken and the constituency in the list for which he is entered.
(9)Every claim or objection shall be delivered or sent by post so as to reach the office of the Collector before the date fixed by the Collector in that behalf being a date not later than one month from the date of publication of the list.
(10)The Collector, after hearing the evidence, if any, adduced on behalf of the parties and after further inquiry, if any, shall pass order on the claim or objection, and the order of the Collector relating to such claim or objection shall be final.
(11)The Collector shall cause the lists to be amended in accordance with the orders passed under sub-rule (10) and shall cause them to be published finally in Marathi in such manner as he may deem fit.
(12)If, after the final publication of the list of voters, under sub-rule (11), the Collector on application or otherwise, is satisfied after such inquiry as he deems fit that any entry or entries in the list is or are erroneous or defective in any particular respect, the Collector may cause a list of amendments to be prepared; and thereupon the provisions of sub-rules (3) to (11) shall apply in the case of such list in the like manner as they apply in the case of the list of voters.
(13)[ Copies of such final lists including the final list of amendments and additions shall be made available for inspection and sale in whole or in part in the offices of the Collector, the Market Committee and the Village Panchayat concerned or at any other place as the Collector may specify in this behalf.
(14)The final list as also the final list of amendments shall be republished under sub-rule (11) and shall remain in force and continue in operation as the list of voters for the purpose of any bye-election, until it is revised as provided by this rule.
(15)Any persons whose name is not entered in the final list of voters as republished under sub-rule (14) may at any time but not later than 3 days before the last date for nomination apply to the Collector for inclusion of his name in the list.
(16)On receipt of the application under sub-rule (15), the Collector shall, if satisfied that the applicant is entitled to have his name entered in the list, direct his name to be entered in the list and cause an amendment to the list to be prepared; and thereupon the provisions of sub-rules (13) and (14) shall mutatis mutandis apply to such amendments] [Modified as per Government Notification No. APM. 1167/25332-(Part III)-C-1, dated 18th February, 1971 published in M.G.G., Part IV-B, dated 27th May, 1971, p. 869.].