Section 40 in West Bengal Co-operative Societies Rules, 2011
40. Procedure for holding election in a General Meeting in some cases.
(1) Unless the State Government constitutes the Co-operative Election Commission under the provision of section 96, the election of Directors and office bearers of all Co-operative Societies under the Fifth schedule of the Act shall be held in the manner specified in this rule.(2)Every Society may for the purpose of election of directors, divide its membership into different convenient groups, specify in its bye-laws the number or proportion of the members of the board who may be elected to represent each such group in the board and specify further that such representative may be elected (a) by all the members of the society, or (b) by only particular group of members if the society to which the representative vacating the office belonged.(3)The election of the members of the board shall be held at an annual general meeting of the members or of the delegates of such members for which not less than twenty-one days' notice shall be sent to each member.(4)The Chairman of the said meeting (hereinafter in this rule referred to as the "Presiding Officer") shall conduct the election. No member seeking election shall act "Presiding Officer" to conduct the election.(5)(i)Notice of the general meeting shall be affixed on the Notice Board of the Society and published at such conspicuous place as the board may decide. The notice of the general meeting shall be sent to the members or to the delegates in one or more of the following modes, namely(a)by local delivery under proper receipt or(b)by post under certificate of posting, or(c)by publication through press.(ii)The notice shall contain information regarding(a)the number of vacancies to be filled up by election;(b)the area or constituency specified in the bye-law from which the member is to be elected;(c)the qualification, if any, prescribed in the rules and by-law for eligibility for membership of the board;(d)the date on which, the place at which and the hours between which the nomination papers shall be filed by a member, such date being not less than ten clear working days before the date fixed for election;(e)the date on which, the place at which, and the hour when the nomination papers will be scrutinized; and(f)the date on which, the place at which and hours between which the polling will take place.(6)The Board shall prepare a list of the members or of the delegates who are on the date of the notice referred to in sub-rule (5) qualified in accordance with the provisions of the Act and the rules and the bye laws of the society to vote at election and publish copies of such list by affixing the same to the Notice Board at the Head Office of the society and all its branches not less than fifteen days prior to the date fixed for election. The list shall specify the name of each eligible member or delegate, the name of father (or husband in case of married woman), the address of such member or delegate including the name of the society, if any, he or she represents and his/her number in the register of members.(7)(i)The nomination of a candidate for election shall be made in Form X as far as practicable.(ii)Every nomination paper shall be signed by any two members whose names are included in the list referred to in sub-rule (6). One of the members shall sign the form as proposer and the other as seconder for the nomination. The nomination paper shall also contain a declaration signed by the candidate to the effect that he is agreeable to the nomination.(iii)Every nomination paper shall be presented in person or through authorized agent or by registered post to the Chairman of the society or any other officer duly authorized in this behalf by the Board of such society. If the Chairman himself is a candidate, the Board of the society shall authorize some other officer, who is not a candidate, to receive the nomination paper.(iv)(a)The person who receives the nomination paper shall enter in the nomination paper its serial number certify the date and hour at which the nomination paper is received by him and also immediately acknowledge the receipt of the nomination paper.(b)The nomination papers received after the date and hour fixed under sub-clause (d) of clause (ii) of sub-rule (5) shall be rejected.(8)(i)(a)On the day following next the date fixed as the last date for the receipt of nomination papers, the Board shall take up the scrutiny of the nomination paper at a special meeting convened only for the purpose. No quorum shall be necessary in such a meeting. The proposer and the seconder, besides the candidate, may be present at the time of scrutiny;(b)The Board shall examine the nomination papers and decide all objections which may be made at the time of scrutiny and may, either on such objection or on its own motion, after such summary enquiry, if any, as the Board thinks necessary, reject any nomination paper on sufficient grounds :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 seconder or of any other particulars in regard to the candidate or his proposer or the seconder as entered in the list of members or delegates referred to in sub-rule (6) if the identity of the candidate, proposer or seconder, as the case may be, is established.(ii)The Board shall give all reasonable facilities to the contesting candidates or their representatives to examine all the nomination papers for satisfying themselves about the correctness of their scrutiny.(iii)The Board shall endorse on each nomination paper its decision and if the nomination paper is rejected, shall record in writing the reasons for such rejection.(9)The list of valid nominations, as decided by the Board, shall be published on the notice board of the society on the same day on which the scrutiny of the nomination paper is completed but not later than one hundred and sixty eight hours before the time of election.(10)Any candidate may withdraw his candidature by notice in writing signed by him and delivered in person or through authorized agent at any time after the presentation of his nomination paper but before 3 P.M. on the day following the day on which the list of valid nominations is published under sub-rule (9) to the Chairman of the society or any other officer authorized for the purpose under clause (iii) of sub-rule (7). A notice of withdrawal of a candidate once given shall be final :Provided that after the close of date and hour of withdrawal of candidates, the list of valid candidates shall be published on the Notice Board of the Society on the same day.(11)If for any area or constituency for which election is to be held the number of candidates in respect of whom valid nomination papers have been filed does not exceed the number of members to be elected for that area or constituency, the candidates in respect of whom valid nominations have been received shall be deemed to have been duly elected for the area or constituency, as the case may be, and the Presiding Officer shall make an announcement to this effect at the commencement of the meeting convened for election. The names of such candidates shall immediately thereafter be published in the Notice Board of the Society.(12)If the number of candidates for any area or constituency exceeds the number of members to be elected, the election shall be held by ballot. The Presiding Officer shall arrange a poll, if necessary, on the date fixed for the general meeting or in an adjourned meeting and may appoint one or more polling officers or may himself function as Polling Officer. The provisions of sub-rule (13) to sub-rule (21) of this rule shall apply when the election is required to be held by ballot,(13)The Presiding Officer shall provide the Polling Officer with ballot papers, copy of list of members or of delegates referred to in sub-rule (6) and such other papers and articles as may be necessary for conducting the election,(14)The ballot paper shall contain the names of candidates and where so decided by the Board the symbol of the candidate and shall bear the seal of the society.Note : Symbols specified in the Third Schedule shall ordinarily be used. In case the number of candidates exceeds the number of symbols, so specified, the Board may add to the symbols other than accredited symbols of the Election Commission of India.(15)No ballot paper shall be issued to a voter unless the polling officer is satisfied about identity of such voter.(16)If owing to blindness or other physical infirmity, a voter is unable to mark the ballot paper the polling officer shall allow a companion as chosen by the voter who will mark the ballot paper on his behalf :Provided that no person shall be allowed as companion twice.(17)The counting of votes shall commence immediately after the polling is declared over by the Presiding Officer. Votes shall be counted by or under the direct supervision of the Presiding Officer. Each candidate and his authorized agent shall have right to be present at the time of counting.(18)(i)A Ballot paper shall be rejected(a)if it bears any mark by which the member, who voted can be identified; or(b)if it does not bear the seal of the society; or(c)if the mark indicating the vote is made in such manner that it is doubtful to ascertain in whose favour the vote has been cast.(ii)The Presiding Officer shall be the final authority to decide in the matter of rejection of ballot papers.(19)(i)Soon after the counting of votes is over, the Presiding Officer shall prepare and certify a return setting forth(a)total number of ballot papers issued;(b)the number of valid votes given to each candidates; and(c)the number of ballot papers declared to be invalid or rejected.(ii)On the basis of the return, the candidates who have secured the largest number of valid votes shall be declared elected at the general meeting and their names shall be immediately published on the Notice Board of the Society under the signature of the Presiding Officer, and in case of equality of votes secured by two or more candidates, lots shall be drawn in such manner as the Presiding Officer may fix, to determine the names of the successful candidate or candidates.(20)The Chairman, or any other officer of the society duly authorized by the Board in the event of the Chairman failing to attend shall immediately take custody of the ballot papers and shall preserve them for six months from the date of the poll. The ballot papers and other records relating to the election shall immediately, in presence of the candidates or their authorized agents as may be available, be secured in a container which shall be affixed with the seal of the society and of candidates who desire to affix their seals, if any. They shall, unless otherwise directed by the Registrar, be destroyed after the said period of six months, if no dispute relating to, in connection with that election is pending.(21)The results of the election shall be immediately recorded in the minute book of the society and attested by the Presiding Officer.(22)The Registrar may, in respect of any primary Co-operative society coming within the purview of these rules, either on an application from the board of such society or from one-third of the total number of its members or of fifty members, whichever is less. or on his own motion after an enquiry into the affairs of the society under section 100 or an inspection under section 99 by an order in writing recording reasons thereof, appoint any person as an Election Officer to conduct the election if, in the opinion of the Registrar, such an action s necessary for the proper conduct of the election.(23)In the societies coming under the Fifth Schedule of the Act, the Registrar may, by an order in writing, appoint any person as an Election Officer to conduct the election.(24)Where an Election Officer is so appointed under sub-rule (22) or sub-rule (23) all reference to Chairman, Presiding Officer or the Board, as the case may be, occurring in this chapter shall be construed as reference to such Election Officer.(25)(i)The election of Chairman. Vice-Chairman and other office bearers of the board shall be conducted by the Presiding Officer or by the Election Officer, as the case may be, at a meeting to be, called by him within thirty days after the general meeting and in the manner as may be laid down in the by-laws of the society or if there is no bye laws in the manner as may be decided by the Presiding Officer or the Election Officer :Provided that the Presiding Officer or the Election Officer, as the case may be shall, before calling the meeting, ascertain from the appropriate authority whether such authority proposes to nominate any member of the board of the society, and if the Presiding Officer or the Election Officer does not receive any reply to his aforesaid enquiry, within fifteen days from the date of such enquiry, he shall proceed with the election as provided in the rulesProvided further that not less than seven clear working days' notice in writing shall be sent by the Presiding Officer or the Election Officer, as the case may be, by registered post with acknowledgement due or by hand delivery under proper receipt to the members of the newly constituted Board for such a meeting.(ii)As soon as the election is over, the result shall be immediately declared in the meeting, published in the Notice Board of the Society and recorded in the minute book of the Board under the attestation of the Presiding Officer or the Election Officer, as the case may be.(iii)The outgoing Board shall stand dissolved when the new office bearers are elected under sub-rule (25) of this rule and the new board shall be deemed to have assumed charge of the office of the society.
