Section 52A in Tamil Nadu Co-operative Societies Rules, 1988
52A. [ Powers and functions of the Election Commission. [Substituted by SRO A-1(a)/ 2013 - C O. Ms. No. 10, Co-operation, Food and Consumer Protection (Cjl), dated 31.1.2013,w.e.f. 31.1.2013.]
(1)(a)The preparation of electoral roll and the conduct of elections to the boards and office bearers of the boards of all co-operative societies shall be held under the superintendence and control of the Election Commission. It shall have power to give such directions as may deem necessary to the District Collector or District Superintendent of Police or any Executive Magistrate or any Police Officer.(b)The Election Commission shall have the power to issue any directions or guidelines or instructions for the conduct of election to the boards and office bearers of boards of co-operative societies and also to officers and staff appointed to perform the election duty.(2)The Election Commission may, subject to control and revision, delegate its powers to such officers as it may deem necessary.(3)The Election Commission may appoint the officers appointed as the Registrars of Co-operative Societies by the Government under section 3 of the Act as the State Election Officers in respect of the Co-operative Societies under their respective administrative control. Subject to the superintendence, direction and control of the Election Commission, the State Election Officers, shall co-ordinate and supervise the preparation and publication of voters' list and also the conduct of elections of members of the boards and the office bearers of the boards of societies under their respective administrative control. They shall also perform such other functions as may be entrusted to him by the Election Commission from time to time.(4)The Election Commission may appoint as many Officers of the Government not below the rank of a Deputy Registrar of Co-operative Societies in the Co-operative Department of the Government or not below such rank in other departments of the Government as the District Election Officers. Subject to the superintendence, direction and control of the Election Commission, the District Election Officers shall co-ordinate and supervise the preparation and publication of Electoral rolls and the conduct of elections of members of the boards and office bearers of the boards of societies under their respective administrative control as specified by the ' Election Commission. They shall also perform such other functions as may be entrusted to them by the Election Commission from time to time.(5)The District Election Officers, Electoral Officers, Election Officers, Polling Officers and any other officers appointed under the Rules, any police officers designated for the time being by the State Government for the conduct of any elections, shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of preparation of electoral rolls till its completion and from the date of notification calling for such elections and ending with the date of completion of such elections and such officer shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.(6)(a)The Election Commission may nominate an Observer, who shall be an officer of the Government to watch the conduct of election or elections to a co-operative society or a group of co-operative societies within a District or a Revenue Division or a part of a Revenue Division and to perform such other functions as may be entrusted to him by the Election Commission.(b)The Observer nominated under clause (a), shall have the power to direct the Election Officers concerned, to stop the counting of votes at any time before the declaration of the result or not to declare the result, if in the opinion of the Observer, booth capturing has taken place at a large number of polling stations or at places fixed for the poll or counting of votes or any ballot papers used at a polling stations or at places fixed for the poll are unlawfully taken out of the custody of the Election Officer or if at any time before the counting of the votes is completed, ballot papers used at a polling station arc unlawfully taken out of the custody of the Election Office^ or are accidentally or intentionally destroyed or lost or are damaged or tampered with to such an extent that the result of the poll at that polling station or place cannot be ascertained.(c)Where an observer has directed the Election Officer under this rule to stop counting of votes or not to declare the result, the Observer shall forthwith report the matter to the District Election Officer, State Election Officer and the Election Commission and thereupon, the Election Commission shall, after taking all material circumstances into account, issue appropriate directions as may deem proper for the further conduct and completion of the election.Explanation. - For the purposes of this sub-rule, "Observer" shall include any officer of the Election Commission as has been assigned under this rule the duty of watching the conduct of election or elections to a co-operative society or a group of co-operative societies within a District or a Revenue Division or a part of a Revenue Division.(7)Subject to the superintendence, direction and control of the Election Commission, and under the supervision and guidance of the State Election Officer and the District Election Officer, the Election Officer shall be responsible for the proper conduct of the elections in the manner provided in the Act, the Rules and any other orders issued by the Election Commission from time to time.(8)Where the Election Commission, suo-motu or on complaint or on the report of the Observer is of the opinion that a District Election Officer or Electoral Officer or Election Officer by an act of omission or commission has done anything detrimental to the conduct of free and fair election, the Election Commission may recall such District Election Officer or Electoral Officer or Election Officer, as the case may be, and appoint another eligible officer in his place who shall proceed the election as per the election programme already drawn by the Election Commission.(9)The Election Commission may issue such general or special directions as may in its opinion be necessary, for the purpose of giving due effect to these rules, or holding any election under the Act and the Rules.(10)If any difficulty arises in giving effect to the provisions of rules 52, 52-A and 53 or in holding any election, the Election Commission, as occasion may require, may, by order do anything which appears to it necessary for the purpose of removing the difficulty.(11)All orders, direction, etc., issued by the Election Commission or the State Election Officer or District Election Officer or the Electoral Officer, for the preparation of electoral rolls and for the conduct of elections under the Rules shall unless repugnant to the Rules, be deemed to have been issued or made under the Rules.]
