Section 3 in The M.P. State Veterinary Council Rules, 1993
3. Notification for election.
(1)For purposes of electing the members of the State Council under clause (a) of sub-section (1) of Section 32, the State Government of Madhya Pradesh shall by a notification published in its official Gazette, call upon the persons enrolled in the Madhya Pradesh State Veterinary Register maintained under Chapter VII of the Act, (hereinafter referred to as the register) to elect the said member, in accordance with the provisions of these rules.(2)Preparation of the roll. - (a) As soon as may be after the notification under Rule 3 (1) is issued, the Registrar shall prepare the roll which shall contain the name of every person whose name is entered in the register.(b)The names of the electors shall be arranged in the order in which they are entered in the register.(3)Publication of the roll in draft. - The Registrar shall publish the roll prepared under Rule 3 (2) in draft by making a copy thereof available for inspection and by displaying it in the office of the State Council.(4)Period for lodging claims and objections. - Every claim for inclusion of a name in the roll and every objection to any entry therein shall be lodged within a period of thirty days from the date of publication of the roll in draft under Rule 3 (3) in Forms I and II respectively.(5)Forms of claims and objections and the manner of their disposals. - (a) Every claim shall be in the Form I and signed by the person desiring his name to be included in the roll.(b)Every objection in Form II to the inclusion of a name in the roll shall be preferred by a person whose name is already included in the roll and shall be countersigned by another person whose name is also included in that roll.(c)Every such claim or objection, as the case may be, shall be examined by the Registrar who shall record his remarks, thereon, following which he may either allow or reject the claim or objection :Provided that claim or objection shall not be rejected unless the person making it is given an opportunity of making representation against such rejection.(d)The decision of the Registrar allowing or rejecting a claim or objection shall be final.(6)Final Publication of the Roll. - (a) The Registrar shall, after disposing of the claims and objections, if any, under Rule 3 (5) prepare a list of amendments to correct his decision under the said rule and to carry out any clerical or printing error and other inaccuracies in the roll subsequently discovered or brought to his notice.(b)The Registrar shall publish the roll together with the list of amendments by making a complete copy thereof available for inspection by and displaying it at the office of the State Council.(c)On such publication, the roll together with the list of amendments shall be the electoral roll of persons who may elect the members of the State Council under Clause (a) of sub-section (1) of Section 32 of the Act.(d)A copy of the roll together with the list of amendments published under sub-rule (b) shall be sent by the Registrar to the State Government(7)Returning Officers and Assistant Returning Officers. - (a) State Government shall, after receipt of a copy of the electoral roll published under Rule 3 (6) designate or nominate a Returning Officer who shall be any officer of the State Government.(b)The State Government may also appoint one or more persons, who shall also be officers of the State Government, to assist the Returning Officer in the performance of his functions as Assistant Returning Officers.(c)Every Assistant Returning Officer shall be subject to the control of the Returning Officer, be competent to perform all or any of he functions of the Returning Officer :Provided that no Assistant Returning Officer shall perform any of the functions of the Returning Officer which relate to the issue of voting papers, counting of voting papers, and declarations of results of election.(8)Appointment of date for Nomination etc. - (a) The Returning Officer shall by notification in the Official Gazette of Madhya Pradesh, or in such other manner deemed fit, appoint,-(i)the date for making nominations which shall be the 7th day after the date of publication of the said notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;(ii)the last date for withdrawal of candidatures which shall be the second day after the date of Scrutiny of nominations or, if that day is a public holiday the next succeeding day which is not a public holiday;(iii)the date on which a poll shall, if necessary, be taken which shall be a date of not earlier than the 30th day after the last date for withdrawal of candidature; and(iv)the date, the time and the place for counting of voles and for declaration of results which shall not be beyond the 3rd day from the date of poll.(b)The notification, issued under clause (a) above shall also invite nomination of candidates for election to the State Council and specify the place at which the nomination papers are to be delivered.(9)Presentation of nomination paper and requirements for valid nominations. (a) On or before the date appointed under sub-clause (i) of Clause (a) of Rule 3 (8) each candidate shall send by registered post with acknowledgement due or deliver in person to the Returning Officer a nomination paper in Form III.(b)Every nomination paper shall be subscribed by two electors- one as the proposer and the other as the seconder and assented by the candidate proposed and seconded by them :Provided that no elector shall subscribe as proposer or seconder more nomination papers than there are seats to be filled up :Provided further that, it an elector subscribes to more number of nomination papers than there are seats to be filled up, the nomination papers first received by the Returning Officer equal to the number of seats to be filled up shall, if they are otherwise in order, be held to be valid, and if all such nomination papers subscribed by the same elector in excess of the number of seals to be filled up are received, simultaneously, all such nomination papers shall held to be invalid.(c)On receipt of each nomination paper, the Returning Officer shall endorse thereon the date and the hour of its receipt.(10)Rejection of nomination papers. - A nomination paper which is not received on or before the date appointed by the Returning Officer in that behalf shall be rejected.(11)Scrutiny of nomination papers. - (a) on the date and the time appointed by the Returning Officer for scrutiny of the nomination papers, the candidates and the proposer and the seconder of each candidate or other representatives duly authorised by the candidates in this behalf may attend the office of the Returning Officer who shall allow them to examine the nomination papers of all the candidates which have been received by him as aforesaid(b)The Returning Officer shall examine the nomination papers thus received and decide all questions which may arise as to validity of any nomination and his decision thereon shall be final.(12)Withdrawal of candidature. - (a) Any candidate may withdraw his candidature by notice in writing signed by him and delivered to the Returning Officer before the date fixed under sub-clause (iii) of clause (a) of Rule 3 (8).(b)A candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal or to be renominated as a candidate for the same election.(13)Publication of the list of contesting candidates. - (a) Immediately after the expiry of the period within which candidatures may be withdraw n under Rule 3 (12), the Returning Officer shall prepare and publish a list of contesting candidates that is to say, candidates who were validly nominated and who have not withdrawn their candidatures within the said period.(b)The said list shall contain the names (in alphabetical order) and the addresses of the contesting candidates as given in the nomination papers.(c)The said list shall be published in the Officer Gazette of Madhya Pradesh and be given wide publicity in such manner as the Returning Officer may deem fit.(14)The Poll. (a) If the number of duly nominated candidates for election does not exceed the number of members to be elected, the Returning Officer shall forthwith declare such candidates to be duly elected.(b)If the number of such candidates exceeds the number of members to be so elected, the Returning Officer shall, not later than 30 days before the date appointed for the poll send by airmail to every elector residing or practising abroad and by post to every other elector within the State or outside it but within the country, a letter of intimation in Form VI together with a numbered declaration paper in Form V, a voting paper in Form IV, containing the names of the candidates in alphabetical order and bearing the Returning Officer's initials or facsimile signature, a voting paper cover addressed to the Returning Officer and an outer cover also addressed to the said officer :Provided that the voting paper and other connected papers may also be sent to any elector on his applying to the Returning Officer for the same before the date appointed for the poll, if the Returning Officer is satisfied that the papers have not been sent to him.(c)A certificate of posting shall be obtained in respect of each and such letter of intimation sent to an elector.(d)An elector who has not received the voting and other connected papers sent to him by the post or who has lost them or in whose case the papers before their return to the Returning Officer have been inadvertently spoilt, may transmit a declaration in writing to that effect and request the Returning Officer not later than 15 days before the date appointed for the poll to send him fresh papers and if the papers have been spoilt papers shall be returned to the Returning Officer who shall cancel them on receipt.(e)In every case in which such fresh papers have been issued, a mark shall be placed against the number relating to the elector's name in the electoral roll to denote that fresh papers have been issued to him.(f)No election shall be invalid by reason of non-receipt by an elector of his voting paper and other connected papers.(g)Each elector shall have the right to vote for as many candidates as there are seats to be filled by the election and the vote shall be non-transferable.(h)Every elector desirous of recording his vote shall after filling up the declaration paper (Form V) and the voting paper (Form IV) according to the directions given in the letter of intimation (Form VI) enclose the voting paper in the voting paper cover stick up and enclose the said cover alongwith the declaration paper in the outer envelope addressed to the Returning Officer, and send that other envelope by post at the elector's own cost or by hand to the Returning Officer, so as to reach him not later than the appointed time for closure of voting on the date fixed for the poll.(i)On receipt by post or by hand, of the envelope containing the declaration paper and the closed cover containing the voting paper, the Returning Officer shall endorse on the outer envelope the date and the hour of its receipt.(j)All envelops received after the said day and hour shall be rejected.(15)Opening of the cover. - (a) The Returning Officer shall open the outer envelope immediately after the appointed time for closure of voting on the date fixed for the poll at the place to which the envelopes are addressed to him.(b)Any candidate may be present in person or may send a representative duly authorised by him in writing to be present at the time when the outer envelopes are opened.(16)Rejection of voting paper covers. - (a) A voting paper shall be rejected by the Returning Officer,-(i)the outer envelope containing no declaration paper outside the voting paper cover; or(ii)the declaration paper is not the one sent by the Returning Officer;(iii)the declaration paper is not signed by the elector; or(iv)the voting paper is placed outside the voting paper cover; or(v)more than one declaration paper or voting paper cover have been enclosed in one and the same outer envelope.(b)In each case of rejection, the word 'rejected' shall be endorsed on the paper cover and the declaration paper. The reasons for the rejection shall also be recorded, in the brief, on the voting paper cover.(c)After satisfying himself that the elector have affixed the signature to the declaration papers, the Returning Officer shall keep all the declaration papers in safe custody pending disposal under Rule 3 (19).(17)Scrutiny and counting of votes. - (a) On the date appointed for the counting of votes, the voting papers covers other than those rejected under Rule 3 (16) shall be opened and the voting papers taken out and mixed together.(b)The voting papers shall then be scrutinised and the valid votes counted.(c)Any candidate may be present in person or may send a representative duly authorised by him, in writing to watch the process of counting.(d)A voting paper shall be invalid if-(i)it does not bear the Returning Officer's initials or facsimile signature; or(ii)a voter signs his name on the voting paper or writes any word on it, or make a mark on it by which it becomes recognisable as his voting paper, or(iii)no vote is recorded thereon, or(iv)it is void for uncertainty of the vote recorded; or(v)the number of votes recoded thereon exceeds on the number to be elected; or(vi)the recording of the vote has been done at a place other than provided for the purpose.(e)The Returning Officer shall show the voting papers to the candidates or their authorised representatives at the time of scrutiny and counting of votes, if so requested.(f)If any candidate or his representative makes an objection to acceptance of a voting paper on the ground that it docs not comply with the specified requirements, or to the rejection of a voting paper by the Returning Officer, it shall be decided at once by the Returning Officer whose decision thereon shall be final.(g)The Returning Officer shall nominated such number of scrutinisers as he deems fit in accordance with such directions as may be issued in this behalf by the State Government.(18)Declaration of results. - (a) When the counting of votes has been completed, the Returning Officer shall draw up a list of candidates in the order of highest votes polled by each and shall declare the result of the successful candidates in that order according to the number of seats to be filled up.(b)If any candidate thus declared elected refuses to accept the election, then in the place of that candidate one of the remaining candidates to whom the next largest number of votes have been cast shall be deemed to have been elected, and the same procedure shall be adopted by as after as a vacancy is caused in this way.(c)When there is equality of votes among any two or more candidates than the person or persons, as the case may be, who shall be deemed to have been elected shall be determined by lots to be drawn by the Returning Officer or any other officer authorised by him in such manner as he may determine.(d)The Returning Officer shall, as soon as the result is declared inform each successful candidate of his being elected to the State Council.(19)Voting papers to be retained. - Upon the completion of the counting and after the result has been declared, the Returning Officer shall seal the voting papers and all other documents relating to the election and shall retain the same for a period of six months, and shall not destroy or cause to be destroyed these records even after the expiry of the said six months with the previous concurrence of the State Government.(20)Intimation of results of election. (a) The Returning Officer shall intimate the names of the elected candidates to the State Government (for enabling it to fulfil its statutory' obligation of publishing their names in the official Gazette of Madhya Pradesh under sub-section (2) of Section 32 of the Act).(b)In case of any dispute regarding the election, which may be lodged with the Returning Officer within 15 days of declaration of the results of that election, it shall be referred to the State Government for its decision, under Section 37 of the Act which shall be final.
