Section 18 in Jammu and Kashmir Co-operative Societies Rules, 2001
18. [***]
[Sub-rules (a), (b), (c) and (d) deleted by SRO SRO 1 dated 4th January, 2005.](e)The notice of the general meeting shall be sent to the members by any of the following modes, namely:-(i)by post under certificate of posting;(ii)by circulation among members;(iii)notice of the general meeting and the list of share holders eligible to vote shall also be affixed on the notice board of the society or the branches of the society, if any.(f)The [Returning Officer] [Substituted for "Deputy Commissioner/ Assistant Commissioner" by SRO 1 dated 4th January, 2005.] shall by order specify:-(i)the number of vacancies to be filled up by election;(ii)the area of the constituency, if any, from which the members are to be elected;(iii)the date on which, the place at which and the hours between the polling will take place; and(iv)the date, time and place at which the nomination papers will be received, the last date of filing of nomination papers, the dale and time place of scrutiny of nomination papers and last date of withdrawal of candidature.(ff)The committee or the Administrators in office shall furnish to the returning officer who are ineligible for being re-elected or re-appointed as officers of the society under [***] [Words "sub-rule (1) (e) of rule 25" deleted by SRO 1 dated 4th January, 2005.] at least ten days before the date fixed for election.(fff)On receipt of the information under sub-rule (ff) if the Returning Officer finds that the number of ineligible officer-exceeds half the total number of officers of the society, he shall determine by lots, in the presence of the officers of the society or their authorised representatives, at least one week before the date fixed for election that who amongst the ineligible officers should be debarred from seeking re-election and re-appointment so that the total number of ineligible officers does not exceed half the total number of officers of the society.(ffff)For drawing lots as provided in sub-rule (fff) a closed container with an opening through which only an arm can pass shall be used home and address of each ineligible officer shall be written by the Returning Officer, in presence of the officers of the society, or their authorised representative, on separate piece of paper of the same size and colour. These shall be folded into equal size in a manner that the name written on it does not remain visible and shall be dropped in the container one by one by the Returning Officer. The container then shall be shaken in a way the chits in it get intermingled. Thereafter, the Returning Officer shall d raw out such number of chits one after another, from the container which makes their number equal to half the total number of officers of society. Names of the officers so drawn out shall be written on a sheet of paper by the Returning Officer and they shall be declared ineligible for seeking re-election or re-appointment as officers of the society. The Returning Officer will send the list of ineligible candidates to the society on the same day.(g)The nomination of the candidates for election shall be made in Form 'A', the Returning Officer shall decide the objections, if any, which may be made at the time of any nomination after making such summary enquiry as he thinks necessary and announce the name or names of the eligible candidate or candidate so nominated on the same day. In the case of rejection of nomination paper, the Returning Officer shall record the reasons.(h)If for any area or constituency for which election is to be held, the number of candidates in respect of whom valid nominations have been made does not exceed the number of candidates to be elected for that area or constituency, the candidates for whom valid nominations have been made shall be deemed to have elected for the area or constituency, as the case may be and the Returning Officer shall make a declaration to that effect.(i)If the number of candidates for the area or constituency exceeds the number of candidates to be elected the Returning Officer shall arrange for taking a poll.(j)The ballot paper shall contain the names of the candidates and the seal of the society.(k)The member shall make the mark on the ballot paper issued to him against the name or names of the candidate for whom he desires to vote and put the ballot paper in the ballot box.(l)If, owing to blindness or other physical infirmity or illiteracy, a member is unable to mark the ballot paper, the Returning Officer shall ascertain from the candidate or candidates in whose favour he desires to vote and make the mark on his behalf on the ballot paper.(m)As soon as all the members present have recorded their votes, the Returning Officer shall count the votes and announces the results of election with the number of votes secured by each.(n)(1) A ballot paper shall be rejected:-(i)If it bears any mark by which the member who voted can be identified; or(ii)If it does not bear the seal of the Returning Officer;(iii)If the mark indicating the vote there on is placed in such a manner as to make it doubtful to which candidate the vote has been cast. (2) The authority competent to reject a ballot paper shall be Returning Officer.(o)The proceedings of the meeting with the results of election shall be recorded in the minute book of the society and attested by the Returning Officer.(p)The Returning Officer shall take custody of the ballot papers and shall ,preserve them for three months from the date of the poll. The ballot papers and other records relating to the election shall be secured in a container which shall be affixed with a seal of the Returning Officer and of the candidates who desire to affix their seal.The ballot papers shall be destroyed after the said period of three months, if no dispute relating to or in connection is these with referred to the [Registrar who will act as arbitrator/ or appoint an Arbitrator] [Substituted for "Deputy Commissioner of the district" by SRO 1 dated 4th January, 2005.].
