Section 21 in Jammu and Kashmir Co-operative Societies Rules, 2001
21.
(a)Notwithstanding anything contained in the bye-laws of any society the election of members of the committee of every primary agricultural society shall be held after every three years in the manner indicated hereinafter:Provided that the election of members of the committee of such primary societies whose election has already become due on the date of corning into force of this rule shall be conducted within three months of the said date in accordance with the provision of this rule.(b)[ The Committee or the Administrator shall inform the members two months in advance about the date of election and the Assistant Registrar shall also be informed about the same.] [Recast by SRO 1 dated 4th January, 2005.](c)[ Within seven days of the communication referred to above in clause (b) the Committee/Administrator shall get prepared a list of eligible members and he will be assisted in this process by the Assistant Registrar. The list so prepared shall constitute the draft electoral roll of the society.] [Recast by SRO 1 dated 4th January, 2005.](d)[ After finalization of the draft electoral roll the Committee/Administrator shall given fifteen days prior notice to the members of the society for filing any objections and after disposing them the election will be held as per fixed date. The notice shall be in Form 'B' appended to these rules.] [Recast by SRO 1 dated 4th January, 2005.]The notice shall be in form 'B' appended to these rules and shall specify:-(i)the number of vacancies to be filled by the election;(ii)the place where the draft electoral roll can be examined and the last date upto which and the officer before whom objection to the entries therein may be filled, such date being not earlier than 15 days from the date of issue of the notice;(iii)the date on which objections, if any, to the draft electoral roll shall be examined and disposed of;(iv)the date, time and place upto and at which the nomination papers shall be received;(v)the date, time and place of scrutiny of nomination papers and the name of the officer who shall make scrutiny;(vi)the last date of withdrawal of candidatures;(vii)the date, time and place at which the General Body meeting shall be held and the hours between which the polling shall take place, such date being not earlier than 30 days of issue of the notice.A copy of the notice shall also be sent to the Assistant Registrar for record.(e)The notice mentioned in clause (d) shall be given in the following manner:-(i)by post under certificate of posting;(ii)by affixing a copy thereof on the notice board outside the registered office of the society and also at conspicuous places in the area of operation of the society; and(iii)the beat of drum in the area of the operation of the society.(f)[ The Committee/Administrator shall make available sufficient copies of draft electoral roll for public inspection at the registered office of the society and at Panchayat Ghars located in the areas of operation of the society.] [Recast by SRO 1 dated 4th January, 2005.](g)[ The objections to draft electoral roll shall be received by Committee/ Administrator with a copy to Assistant Registrar for information. The Committee /Administrator shall be assisted by Assistant Registrar for scrutinizing and disposing of the same:] [Recast by SRO 1 dated 4th January, 2005.]Provided that no entry shall be deleted from the draft roll nor shall any modifications be made therein unless the person affected thereby is given an opportunity of being heard.Objections to the draft electoral roll shall be disposed of within two days from the date fixed for receipt thereof.(h)The orders made on the objections filed shall be incorporated in the draft electoral roll under the signature of the [Committee Administrator and the electoral roll shall be countersigned by Assistant Registrar] [Substituted for "Assistant Registrar" by SRO 1 dated 4th January, 2005.]. The rolls so amended shall constitute the final electoral roll of the society.(i)A nomination paper shall be rejected if the person applying for nomination is ineligible for being elected as a member of the committee under the provisions of the Act or the rules made thereunder or the bye-laws of the society, notwithstanding that no objection is taken to his nomination by any one.(j)[ The candidates whose nomination papers are found to be valid may withdraw their names within a period of two days from the date of scrutiny by addressing a communication in Form "C" appended to these rules to the Committee/Administrator with a copy to the Assistant Registrar.] [Recast by SRO 1 dated 4th January, 2005.](k)On the fixed date the General Body meeting shall be presided over by a member of the society who shall be elected on the spot by a majority vote to act as Chairman of the meeting:Provided that no person shall be eligible to act as Chairman if he suffers from any of the disqualifications provided under the Co-operative Law [and Assistant Registrar shall be representative of the Government who will act as enabler/facilitator only] [Inserted by SRO 1 dated 4th January, 2005.].The Chairman shall act as the Returning Officer. The [the Secretary of the Co-operative Society] [Substituted for "Assistant Registrar" by SRO 1 dated 4th January, 2005.] having jurisdiction shall function as the Ex-officio Secretary of the General Body Meeting.(l)Before the election is conducted [the Secretary of the Co-operative Society] [Substituted for "Assistant Registrar" by SRO 1 dated 4th January, 2005.] shall read out in the General Body Meeting the names of all persons whose nomination papers are found to be valid and who are eligible to be elected to the committee of the society and who have not withdrawn their candidatures.(m)The proceedings of the General Body with the results of the election shall be recorded in the minute book of the society and attested by the Returning Officer and the [the Secretary of the Co-operative Society] [Substituted for "Assistant Registrar" by SRO 1 dated 4th January, 2005.] (Ex-officio Secretary) immediately after the conclusion of the elections and the announcement of the results.The counting of votes shall take place immediately after the votes are cast in presence of the members present.(n)For matters not specifically mentioned in this rule the provisions of clauses (g), (h), (i), (j), (k), (l), (m), (n) and (p) of rule 18 shall mutatis mutandis apply.(o)If at an election the proceedings are interrupted or in any way disturbed and if in the opinion of the Returning Officer election cannot be held fairly, the General Body meeting be adjourned and the elections postponed.(p)When an election has been postponed the Chairman shall with the previous information to the Assistant Registrar fix a new date for the purpose of holding the elections and the provision of this rule shall mutatis mutandis apply to such elections.(q)Any dispute arising out or in connection with the elections held under this rule shall be disposed of in the manner laid down for determination of the disputes arising out of or pertaining to elections under rule 16 of the Co-operative Societies Rules of 2001.
