State of Odisha - Act
The Orissa Co-operative Societies (Elections to the Committees) Rules, 1992
ODISHA
India
India
The Orissa Co-operative Societies (Elections to the Committees) Rules, 1992
Rule THE-ORISSA-CO-OPERATIVE-SOCIETIES-ELECTIONS-TO-THE-COMMITTEES-RULES-1992 of 1992
- Published on 3 September 1992
- Commenced on 3 September 1992
- [This is the version of this document from 3 September 1992.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires-(a)"Act" means the Orissa Co-operative Societies Act, 1962;(b)"Chief Executive" includes the Managing Director or the Secretary, or any other designated officer appointed by the Committee under Sub-Section (3-b) of Section 28 of the Act;[(b-1) A "Class" means the members of a Co-operative Society including the representatives of other Co-operative Societies affiliated to it belonging to Scheduled Castes, Scheduled Tribes, other Backward Classes and Women respectively.] [Substituted vide O.G.E. No. 1123 dated 14.7.2005.](c)"Constituency" means a constituency organised in accordance with Sub-rule (3) of Rule 6;(d)"Election Officer" includes Assistant Election Officer;(e)"Form" means a form appended to these rules;(f)"Public Servant" shall carry the same meaning as defined in Section 21 of the Indian Penal Code;(g)"Reserved constituency" or "specified constituency" means a constituency reserved for the members belonging to the Scheduled Castes, Scheduled Tribes, [other Backward Classes] [Inserted vide Orissa Gazette Extraordinary No. 390, dated 27.3.1997.] women, [* * *] [Omitted vide Orissa Gazette Extraordinary No. 1348, dated 23.8.2002.] as the case may be;[Note [Added vide O.G.E. No. 1123 dated 14.7.2005.] - The expression" Other Backward Classes" shall carry the same meaning as assigned to it under orders of the Government issued from time to time and includes the Socially and Educationally Backward Classes.](h)"Section" means a section of the Act.3. Election of the President and Members of the Committee.
4. Fixing of dates of election and polling station.
5. Notice for various stages of election.
6. Electoral roll.
| Sl. No. of Constituencies | Details of area/Sl. No. of members from....to.... in the membership register | Constituencies earmarked as |
| (1) | (2) | (3) |
| 1 | Unreserved | |
| 2 | Scheduled Tribes | |
| 3 | Scheduled Tribes (Women) | |
| 4 | Unreserved | |
| 5 | Scheduled Tribes | |
| 6 | Scheduled Tribes (Women) | |
| 7 | Unreserved | |
| 8 | Scheduled Tribes | |
| 9 | Scheduled Tribes (Women) | |
| 10 | Unreserved | |
| 11 | Scheduled Tribes | |
| 12 | Scheduled Tribes (Women) | |
| 13 | Unreserved | |
| 14 | Scheduled Tribes | |
| 15 | Scheduled Tribes (Women) |
| Sl. No. of Constituencies | Details of area/Sl. No. of members from....to.... in the membership register | Constituencies earmarked as |
| (1) | (2) | (3) |
| 1 | Unreserved | |
| 2 | Scheduled Caste (Men) | |
| 3 | Scheduled Tribes (Women) | |
| 4 | Unreserved | |
| 5 | Other Backward Classes (Men) | |
| 6 | Women | |
| 7 | Unreserved | |
| 8 | Scheduled Tribes (Men) | |
| 9 | Scheduled Caste (Women) | |
| 10 | Unreserved | |
| 11 | Other Backward Classes (Women) | |
| 12 | Women | |
| 13 | Unreserved | |
| 14 | Other Backward Classes (Men) | |
| 15 | Unreserved |
| Sl. No. of Constituencies | Details of area/Sl. No. of members from....to.... in the membership register | Constituencies earmarked as |
| (1) | (2) | (3) |
| 1 | Unreserved | |
| 2 | Scheduled Caste (Men) | |
| 3 | Scheduled Tribes (Women) | |
| 4 | Unreserved | |
| 5 | Other Backward classes (Men) | |
| 6 | Women | |
| 7 | Unreserved | |
| 8 | Scheduled Tribes (Men) | |
| 9 | Scheduled Castes (Women) | |
| 10 | Unreserved | |
| 11 | Other Backward Classes (Women) | |
| 12 | Women | |
| 13 | Unreserved | |
| 14 | Other Backward Classes (Men) | |
| 15 | Unreserved | |
| 16 | Scheduled Castes (Men) | |
| 17 | Scheduled Tribes (Men) | |
| 18 | Unreserved | |
| 19 | Women | |
| 20 | Other Backward Classes (Women) | |
| 21 | Unreserved |
7. Nomination of candidates.
8. Register of nomination.
- The Election Officer shall maintain a register in which all nomination papers received by him shall be entered strictly chronologically as soon as they are received, and he shall acknowledge receipt thereof if demanded by the candidate concerned. No nomination paper shall be entertained after the specified date and time. The register shall ordinarily reflect the following information :(i)Name [and number] [Inserted vide O.G.E. No. 1123 dated 14.7.2005] of the constituency and the office for which the nomination is filed;(ii)Name of the candidate;(iii)Name of the proposer;(iv)Name of the seconder;(v)Date and time of receipt of the nomination paper;(vi)[ Whether the nomination is in respect of reserved seat, and if so the category and number of Constituency;] [Substituted vide O.G.E. No. 1123 dated 14.7.2005](vii)Signature of the Election Officer in the relevant columns thereof.9. Scrutiny of nomination.
10. Valid nomination and symbols.
- The list of valid nominations and symbols allotted to the candidates shall be displayed on the notice boards of the Head Office of the Society concerned by the Election Officer in Form II on the date immediately next to the last date of disposal of objections to the nominations.11. Withdrawal of nominations.
12. Appointment of election agents and revocation of such appointment.
13. Appointment of polling agents and counting agents.
14. Uncontested elections.
- After publication of the list of valid nominations under Rule 10 if the number of candidates in the constituency is found to be equal to or less than the number of seats to be filled, the Election Officer shall forthwith declare such candidates to be duly elected and shall complete and certify the declaration in Form V. A signed copy of the declaration shall be sent forthwith to the Chief Electoral Officer, Deputy Registrar of Co-operative Societies and Assistant Registrar of Co-operative Societies in whose jurisdiction the head office of the Society is located.15. Manner of voting at elections.
- At every election where a poll is taken, votes shall be given by secret ballot in the manner hereinafter provided and no votes shall be received by proxy.16. Supply of election materials.
- The Chief Executive of the Society shall supply the required number of ballot boxes, ballot papers, copies of the final electoral rolls and all other materials required for conducting the elections, to the Election Officer or such other person as the Election Officer may direct.17. Ballot Box.
- Every ballot box shall be of such design as may be approved by the Chief Electoral Officer.18. Form of ballot papers.
19. Arrangement at polling stations.
20. Admission to polling station.
- The Presiding Officer shall regulate the number of votes to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than -21. Preparation of ballot boxes for the poll.
22. Identification of Voters.
23. Challenging of identity.
24. Safeguards against personations.
25. Issue of ballot papers.
26. Voting procedure.
27. [ Voter to cast vote against the candidate of his/her Constituency. [Substituted vide O.G.E. No. 1123 dated 14.7.2005.]
- A voter of a Constituency shall cast his/her vote against a candidate contesting election from his/her Constituency only.]28. Recording of vote of blind or in firm voter.
29. Spoilt and returned ballot papers.
30. Tendered votes.
31. Closing of poll.
32. Sealing of ballot boxes after poll.
33. Account of ballot papers.
34. Sealing of other packets.
35. Transmission of ballot boxes, packets etc. to the Election Officer.
36. Fresh poll in case of destruction, etc., of ballot boxes.
37.
[* * *] [Deleted vide Orissa Gazette Extraordinary No. 390, dated 27.3.1997.]38. Counting of votes.
- At every election where a poll is taken, votes shall be counted by or under the supervision and direction of the Election Officer and each contesting candidates, his Election Agent and his Counting Agents shall have a right to remain present during counting.39. Admission to the place fixed for counting.
40. Scrutiny and opening of ballot boxes.
41. Scrutiny and rejection of ballot papers.
42. Procedure for counting votes.
43. Counting to be continuous.
- The Election Officer shall, as far as practicable, proceed continuously with the counting of votes and shall during any intervals when the counting has to be suspended, keep the ballot papers, packets and other papers relating to the election sealed with his own seal and the seals of such candidates or Election Agents or Counting Agents as may desire to affix their seals and shall cause adequate precautions to be taken for their safe custody during such intervals.44. Recommencing of counting after fresh poll.
45. Recount of votes.
46. Declaration of result.
47. Account of election expenses.
48. Particulars of account of election expenses.
49. Notice by Election Officer for inspection of account.
- The Election Officer shall, within two days from the date on which account of election expenses has been lodged by a candidate under Rule 47 cause a notice to be affixed to his notice board, specifying -50. Inspection of account and the obtaining of copies thereof.
- Any member of the society shall, on payment of a fee of rupees five be entitled to inspect only such account and on payment of such fee as may be fixed by the Chief Electoral Officer in this behalf, be entitled to obtain attested copies of such account or of any part thereof.51. Publication of the statement of lodging accounts of election expense by candidates.
52. Custody of papers relating to elections.
53. Disposal of election papers.
- The election papers referred to in Rule 52 shall be retained for a period of six months and shall thereafter be destroyed subject to any direction to the contrary given by the Chief Electoral Officer or by any Court or other authority having jurisdiction in a proceeding in which any matter relating to the election may be at dispute.54. Certified copies of election papers.
- Copies of orders passed by any competent authority during the course of election proceedings shall be supplied to the candidates concerned or their agents, and also to any member of the Society, on application and payment of the requisite fees, fixed if any, by the Chief Electoral Officer duly certified by the said authorities :Provided that no application for any such copy shall be entertained after the said election papers are sealed in accordance with the provisions of these rules.55. Assistance to Election Officer.
- The officers, office-bearers, employees or any members of the Society concerned, shall render every assistance to the Election Officer or any person appointed or authorised by the Election Officer, in the holding and conduct of the elections and shall make available any record or information in his custody or knowledge that may be required by him for the purpose.56. Offences.
- Disobedience of any written order of the Chief Electoral Officer, Election Officer, or any person appointed or authorised by the Chief Electoral Officer or Election Officer to hold and conduct the election, issued under and subject to the provisions of the Act and these rules or personation of a voter by any person including another voter during the course of an election, shall be an offence for the purposes of Clause (b) of Sub-section (5) of Section 115 of the Act.57. Election disputes.
- Subject to the provision of Section 28-B, disputes regarding any matter relating to election of the President or Members of the Committee of a society may be raised before any authority competent in that regard under the Act and in that case the provisions of the rules under Chapter VII of the Orissa Co-operative Societies Rules, 1965 shall mutatis mutandis apply in respect of such disputes.58. Applicability of the bye-laws.
- The bye-laws of a society, not inconsistent with the provisions of these rules shall apply to elections held and conducted under these rules.59. interpretation of rules.
60. Repeal and Savings.
1. Name of the constituency against which nomination is filed.........
(To be indicated only if the nomination is in respect of office of member of the Committee).......2. Name of the constituency to which the candidate belongs.................
3. Serial No. at which the name of the candidate appears in the Electoral Roll of the said constituency............
4. Father's/Husband's name of the candidate.......
5. In case candidate is representative of a society or other body corporate the name of the society or body corporate he/she represents.........
6. Full address of the candidate........
7. (a) Name of the proposer........
8. (a) Name of the seconder...........
9. [ Symbol proposed by the candidate........
(Maximum three in order of preference)] [Inserted vide Orissa Gazette Extraordinary No. 390, dated 27.3.1997.]| Signature of the seconder | Signature of the proposer |
| Place......... | Place........... |
| Date.......... | Date............ |
1. Sl. No. of the Nomination Paper.........
2. This nomination Paper was delivered to me at......(Place of delivery) at...... (Time) A.M./P.M. on.... (Date) by the Candidate..........
Place.............Date..............Signature of Election OfficerB. (Decision as to the acceptation or rejection of the Nomination Paper)I have examined this Nomination Paper in accordance with Sub-rule (3) of Rule 9 and do hereby -1. Sl. No. of the Nomination Paper......
2. The Nomination Paper of a......., candidate for election to the office of President/[Vice-President] [Inserted vide Orissa Gazette Extraordinary No. 390, dated 27.3.1997.]/Member of the Committee of........ Society Ltd. (Name of the Society) from........ (Place) constituency was delivered to me at my office at........ (Time) A.M./P.M. on........ (Date) by the candidate
Date............Signature of the Election Officer(Strike off whatever is not applicable in this form).Form 1-ARule 8(3)Form for Notice of Nominations[Election to the Office(s) of President/Vice-President/Member of the Committee (from...... Constituency) of........ Co-operative Society Ltd....... P.O....... in Block/N.A.C./Municipality in........ district Orissa, scheduled to be held on ..........]Notice is hereby given that the following nomination in respect of the office(s) of President/[Vice-President] [Inserted vide Orissa Gazette Extraordinary No. 390, dated 27.3.1997.]/Member of the Committee has/have been received up to........ (Time) on............ (Date)Part-I List of nomination for the office of President| Sl. No. | Sl. No. of the Nomination paper entered in theregister under Rule[8] [Substituted vide Orissa Gazette Extraordinary No. 390, dated 27.3.1997.] | Name of the candidate | Father's/ Husband's name | Address of the candidate | Electoral Roll No. and constituency of thecandidate | Name of proposer | Electoral Roll No. and constituency of proposer |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Sl. No. | Sl. No. of the Nomination paper entered in theregister under Rule[8] [Substituted vide Orissa Gazette Extraordinary No. 390, dated 27.3.1997.] | Name of the candidate | Father's/ Husband's name | Address of the candidate | Electoral Roll No. and constituency of thecandidate | Name of proposer | Electoral Roll No. and constituency of proposer |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Sl. No. | Name of the candidates | Address of the candidate | Symbol allotted to the candidate |
| (1) | (2) | (3) | (4) |
| 1.2.3.4. |
| Date........ | Signature of the Election Officer |
| Sl. No. | Name of the constituency | Name of the candidate | Address of the candidate | Symbol allotted to the candidate |
| (1) | (2) | (3) | (4) | (5) |
| Date........ | Signature of the Election Officer |
| Sl. No. | Name of the candidates | Address of the candidate | Symbol allotted to the candidate |
| (1) | (2) | (3) | (4) |
| 1.2.3.4. |
| Date........ | Signature of the Election Officer |
| Sl. No. | Name of the constituency | Name of the candidate | Address of the candidate | Symbol allotted to the candidate |
| (1) | (2) | (3) | (4) | (5) |
| Date........ | Signature of the Election Officer |
| Place.......Date........ | Signature of the candidate |
| Place.......Date........ | Signature of Election Agent |
| Name of the candidate | Symbol allotted |
| 1. ........................ | ............................ |
| 2. ........................ | ............................ |
| 3. ........................ | ............................ |
| 4. ........................ | ............................ |
| 5. ........................ | ............................ |
| Name of the candidate | Symbol allotted |
| 1. ........................ | ............................ |
| 2. ........................ | ............................ |
| 3. ........................ | ............................ |
| 4. ........................ | ............................ |
| 5. ........................ | ............................ |
| Sl. No. | Serial No. of the voters challenged in theElectoral Roll of the Constituency | Name and address of the voter challenged | Signature or thumb impression of the (personvoter) challenged | Name of the dentifier, if any of the voterchallenged | Name and address of the challenger | Order of the Presiding Officer on the challenger | Signature/Thumb impression of the challengerreceiving refund of deposit if any |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Place...............Date................ | Signature of the OfficerPresiding over thePolling |
| Place...............Date................ | Signature of the companion |
| Name and Number of Constituency. | ||||
| Sl. No. | Electoral Roll No. and Constituency of voter | Full name of voter | Full name and address of companion | Signature or Thumb impression of companion |
| (1) | (2) | (3) | (4) | (5) |
| Sl. No. | Name of voter | Electoral Roll No. and constituency of voter | Address of voter | Sl. No. of tendered ballot paper | Sl. No. of ballot paper issued to the person whohas already voted | Signature or thumb impression of voter shown inColumn (2) |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Place...............Date................ | Signature of officerpresiding over the polling |
1. Ballot papers received by the Presiding Officer of the Polling Station
2. Ballot papers unused (i.e. not issued to voters).
3. Ballot papers used at the Polling-Station.....
(1-2 = 3)4. Ballot papers used at the Polling-Station but NOT INSERTED INTO THE BALLOT BOX:
5. Ballot papers to be found in the ballot box :
(3-4 = 5)(Serial Numbers need not be given)| Place...............Date................ | Signature of the officerpresiding over the polling |
| Polling-Station | Number of the ballot papers found in the ballotbox | Total for polling-station | Number of tendered votes | |||||||||
| A | B | C | D | |||||||||
| Serial No. | Name | Valid | Rejected | Valid | Rejected | Valid | Rejected | Valid | Rejected | Valid | Rejected | Total |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 |
| Total: |
| Serial No. | Name of the candidates | Number of valid votes polled by the candidate |
| By Order of the GovernorR.N. DashDeputySecretary to Government |
| [No. 10727-11, Legal-10/91-Co-op]By order of the GovernorR.N. DashDeputySecretary to Government |
| [No. 19063-11. Legal-10/91-Co-op]By order of the GovernorH.K.PATRADeputySecretary to Government |
| [No. 14576-11. Legal-10/91-Co-op]By order of the GovernorJ. P. AGRAWALADeputySecretary to Government |
| [No. 25514-II.Legal-10/91 -Co-op.]By order of the GovernorRAAM BEHERASecretary to Government |
| [No. 303-II-Legal-10/91-Co-op.]By order of the GovernorRAAM BEHERASecretary to Government |
| [No. 18429/Co-op]By order of the GovernorRAAM BEHERASecretary to Government |
| [No. 18372-Co-op.]By order of the GovernorRAAM BEHERASecretary to Government |