Section 9 in The Rajasthan Homoeopathic Medicine Rules, 1971
9. Procedure for election of members.
- The following procedure shall be adopted for filling up the vacancies:-(i)The Electoral Rolls shall be published [in such manner as the Government may think fit] [Substituted by Notification No. G.S.R. 169/F 8 (28)/Ayurved/72, dated 6-1-1975, published in Rajasthan Gazette, Extra Ordinary, Part IV-C, dated 6-1-1975, page 505-506 [6-1-1975].] atleast 30 days before the date of election.(ii)[ Every candidate for election shall have to be a voter and shall be nominated by means of a separate nomination paper in Form No. 4 or Form No. 5 as may be appropriate. Every nomination paper shall be signed by a voter qualified to vote at the election as proposer and by another such voter as a seconder: [Substituted by Notification No. G.S.R. 186/F 8 (28)/Ayurved/72, dated 22-12-1973, published in Rajasthan Gazette, Part IV-C, dated 22-12-1973.]Provided that no candidate shall be entitled to propose or second his own nomination and no voter shall be entitled to propose or second nominations of more candidates than the number of seats for which elections are being held:Provided further that all such nominations as are made in contravention of the first proviso mentioned above shall be void].(iii)Every candidate shall send the nomination paper declaring that he is willing to serve on the Board if elected.[A candidate seeking election against a seat reserved for registered Homoeopaths possessing recognised medical qualifications shall not be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular recognised medical qualification possessed by him and an entry about that qualification has been made in the Register.] [Added by Notification No. G.S.R. 135/F 8 (7)/Ayurved/74, dated 7-10-1974, published in Rajasthan Gazette, Part IV-C, Extra Ordinary, dated 22-10-1974, page 389 (10-17).].(iv)In the absence of such declaration nomination shall be treated invalid.(v)Every proposal for nomination shall be in writing in [Form No. 4 or] [Substituted by Notification No. G.S.R. 186/F 8 (28)/Ayurved/72, dated 22-12-1973, published in Rajasthan Gazette, Part IV-C, dated 22-12-1973.] Form No. 5 which shall be made available by the Returning Officer on the payment of a fee of Rupees Five only.(vi)The nomination form shall be submitted to the Returning Officer either personally or by Registered Post so as to reach him before 1 p.m. on the last date fixed for the filing of nomination papers. Nomination papers filed personally shall be handed over during office hours to the Returning Officer in his office.(vii)Every candidate shall be at liberty to withdraw his candidate in writing signed by him and delivered personally to the Returning Officer, within 3 days after the scrutiny. On this date the Returning Officer shall announce the number of candidates contesting the election. It shall be notified on the Notice Board of the Returning Officer.(viii)The Returning Officer shall decide all questions which may arise as to the validity of any nominations at the time fixed by him for scrutiny of nomination and his decision thereon shall be final.(ix)[ (1) If the number of candidates qualified to fill the reserved seats is equal to the number of such seats, all these candidates shall forthwith be declared to be elected to fill the reserved seats. [Substituted by Notification No. G.S.R. 135/F 8 (7)/Ayurved/74, dated 7-10-1974, published in Rajasthan Gazette, Part IV-C, Extra Ordinary, dated 22-10-1974, page 389 (10-17).](2)If the number of contesting candidates qualified to be chosen to fill the reserved seats exceeds the number of such seats but the total number of contesting Candidates is equal to the number of seats to be filled in, the Returning Officer shall first select by lot to be drawn by him in such manner as he may determine, the candidates to be declared elected to the reserved seats out of the candidates qualified to be chosen to fill these reserved seats and thereafter declare the remaining candidates to be duly elected to fill the remaining seats.(3)If the number of contesting candidates qualified to be chosen to fill the reserved seats exceeds the number of such seats and the total number of contesting candidates also exceeds the total number of seats to be filled in, a poll shall be taken and after the poll has been taken, the Returning Officer shall first declare those, who being qualified to be chosen to fill the reserved seats, have secured the largest number of votes to be duly elected to fill the reserved seats and then declare the remaining candidates who have secured the largest number of votes to be duly elected to fill the remaining seats.(4)If the number of contesting candidates qualified to be chosen to fill the reserved seats is less than the number of seats:(a)All these candidates shall be forthwith declared to be duty elected to fill the reserved seats.(b)The following procedure shall be followed for filling the seats other than reserved seats-(1)If the number of candidates does not exceed the number required to fill up the vacancy or vacancies, the Returning Officer shall forthwith declare all such candidates to be duly elected.(2)If the number of candidates is more than the number of seats, a poll shall be taken.(3)If there is no candidate or if the number of candidates is less than the number of vacant seats, election proceedings shall be started afresh for filling up the vacant seats in all respects as if for a new election.(c)Election proceedings shall be started afresh for filling up the remaining reserved seat or seats.](x)(a)If a poll becomes necessary, the Returning Officer shall forthwith publish the names and addresses of the contesting candidates [in such manner as the State Government may think fit) and shall further cause their names to be entered in Ballot papers in Form No. 6. [Substituted by Notification No. G.S.R. 169/F 8 (28)/Ayurved/72, dated 6-1-1975, published in Rajasthan Gazette, Extra Ordinary, Part IV-C, dated 6-1-1975, page 505-506 [6-1-1975].](b)The names of contesting candidates in the list referred to above and in the Ballot papers shall be written in alphabetical order in Hindi in Devnagri Script.(c)In the ballot papers the words "Recognised Medical Qualification" shall be printed immediately below the name of each candidate qualified to fill the reserved seats.](xi)Not less than twenty one days before such date as may be appointed by the Returning Officer for this purpose the Returning Officer shall give personally or send by registered post to each elector a Ballot paper (Form No. 6) signed by him. No election shall be invalidated by reason only of an elector not receiving his Ballot paper provided that a Ballot paper has been issued to him in accordance with these rules.(xii)Before such date as may be appointed by the Returning Officer in this behalf every elector, desirous of voting, shall personally deliver or send by registered post his Ballot paper to the Returning Officer after recording his vote or votes in the manner prescribed therein. Provided that any Ballot paper which is not received by the Returning Officer before 12 noon on the date so appointed [x x x] [Deleted by Notification No. G.S.R. 135/F 8 (7)/Ayurved/74, dated 7-10-1974, published in Rajasthan Gazette, Part IV-C, Extra Ordinary, dated 22-10-1974, page 389 (10-17).] shall be rejected.(xiii)The Returning Officer shall attend for the purpose of counting the votes on such date and at such time and place as may be appointed by him in this behalf. The Ballot papers shall then be scrutinized and the valid votes counted. Any candidate may also be present either in person or by an accredited representative to watch the counting of the votes.(xiv)A Ballot paper shall be invalid if:-(a)it does not in any way conform to these rules, or(b)it does not conform to the instructions printed thereon, or(c)it does not bear the initials of the Returning Officer, or(d)no vote is recorded thereon, or(e)a voter signs his name or writes a word or makes any mark on it, by which it becomes recognizable as his Ballot paper, or(f)the number of votes recorded thereon, exceeds the number of vacancies to be filled, or(g)it is void for uncertainty of one or more votes exercised:Provided that when more than one vote can be given on the same Ballot paper, if one of the marks so placed as to render it doubtful to which candidate it is intended to apply, the vote concerned and not the whole Ballot paper shall be invalid on that account.(xv)If any objection is made to any Ballot paper on the ground that it does not comply with the specified requirements or to any rejection 'by the Returning Officer of a Ballot paper it shall be decided at once by the Returning Officer whose decision shall be final.(xvi)The Returning Officer shall nominate such number of scrutinizers not exceeding four as he deems proper.(xvii)[ When the counting of votes has been completed, the Returning Officer shall first declare those, who being qualified to be chosen to fill the reserved seats, have secured the largest number of votes to be duly elected to fill the reserved seats and then declare the remaining candidates who have secured the largest number of votes to be duly elected to fill the remaining seats and shall forthwith inform the successful candidates by registered letters of their having been elected and shall also forthwith inform the Board, the Chairman and the State Government.] [Substituted by Notification No. G.S.R. 135/F 8 (7)/Ayurved/74, dated 7-10-1974, published in Rajasthan Gazette, Part IV-C, Extra Ordinary, dated 22-10-1974, page 389 (10- 17).](xviii)When an equality of votes is found to exist between any candidates and the addition of one vote will entitle any or more of the candidates to be declared elected the determination of the person or persons to whom such additional vote shall be deemed to have been given shall be made by Lot, to be drawn by the Returning Officer.(xix)Upon the completion of the counting and after the result [has] [Substituted & Inserted by Notification No. G.S.R. 186/F 8 (28)/Ayurved/72, dated 22-12-1973, published in Rajasthan Gazette, Part IV-C, dated 22-12-1973.] been declared by him, the Returning Officer shall seal the Ballot papers and all other documents relating to the election and shall retain the same with himself [in safe custody] [Substituted & Inserted by Notification No. G.S.R. 186/F 8 (28)/Ayurved/72, dated 22-12-1973, published in Rajasthan Gazette, Part IV-C, dated 22-12-1973.] for the period of six months [and] [Substituted & Inserted by Notification No. G.S.R. 186/F 8 (28)/Ayurved/72, dated 22-12-1973, published in Rajasthan Gazette, Part IV-C, dated 22-12-1973.] thereafter with the approval of the State Government cause them to be destroyed.(xx)The Returning Officer shall [issue notice of Election in Form 3A] [Substituted & Inserted by Notification No. G.S.R. 186/F 8 (28)/Ayurved/72, dated 22-12-1973, published in Rajasthan Gazette, Part IV-C, dated 22-12-1973.] [in such manner as the Government may think fit] [Substituted by Notification No. G.S.R. 169/F 8 (28)/Ayurved/72, dated 6-1-1975, published in Rajasthan Gazette, Extra Ordinary, Part IV-C, dated 6-1-1975, page 505-506 [6-1-1975].] the date, time and placed fixed for such of the following proceedings, namely:-(a)[ The number and nature of the members required to be elected. [Substituted & Inserted by Notification No. G.S.R. 186/F 8 (28)/Ayurved/72, dated 22-12-1973, published in Rajasthan Gazette, Part IV-C, dated 22-12-1973.](b)The receipt of nomination papers by the R.O.(c)The Scrutiny of nomination papers.(d)The last date of withdrawal of candidature.(e)The sending of ballot papers to electors.(f)The last date of receiving the ballot papers.(g)The counting of votes].(xxi)If any question arises as to the intention or application of these rules, which in the opinion of the Board should be referred to the State Government, the Board shall refer such question to the State Government, whose decision shall be final.
