Section 3 in The Rajasthan Veterinary Council Rules, 1988
3.
(1)Notification for election. - For purposes of electing the members of the State Council under clause (a) of sub-section (1) of section 32 the State Government of Rajasthan shall, by a notification published in its official Gazette, call upon the persons enrolled in the Rajasthan State Veterinary Register maintained under Chapter VII of the Act (or, for brevity, the register) to elect the said members in accordance with the provisions of these rules.(2)Preparation of the roll. - (i) 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.(ii)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 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 an 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 claim and objection and the manner of their disposal. - (i) every claim in Form I shall be signed by the person who requires his name to be included in the roll.(ii)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 the roll.(iii)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 a claim or objection shall not be rejected unless the person making it is given an opportunity of making representation against such rejection.(iv)The decision of the Registrar allowing or rejecting a claim or objection shall be final.(6)Final publication of the roll. - (i) The Registrar shall, after disposing of the claims and objections, if any, under rule 3(5) prepare a list of amendments to carry out 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.(ii)The Registrar shall publish the roll together with the list of amendments by making a complete copy thereof available for inspection by displaying it at the office of the State Council.(iii)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.(iv)A copy of the roll together with the list of amendments published under sub-rule (ii) shall be sent by the Registrar to the State Government.(7)Returning Officer and Assistant Returning Officers. - (i) The State shall after receipt of a copy of the electoral roll published under rule 3(6), designate or nominate a Returning Officer who shall be an officer of the State Government.(ii)The State Government may also appoint one or more persons, who shall also be officers of the State Government, to assist the Returning Officers in the performance of his functions as Assistant Returning Officers.(iii)Every Assistant Returning Officer shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer:Provided that no Assistant Returning Officer shall perform any of the functions of the Returning Officer which relates to the issue of ballot papers, counting of ballot papers and declaration of results of election.(8)Appointment of dates for nomination etc. - (i) The Returning Officer shall, by notification in the Official Gazette of Rajasthan or in such other manner deemed fit, appoint.(a)The date for making nomination which shall be the seventh day after the date of publication of the said notification or. if that day is public holiday, the next succeeding day, which is not a public holiday;(b)The last date for withdrawal of candidatures which shall be the second day after date for scrutiny of nominations or, if that day is a public holiday, the next, succeeding day which is not a public holiday;(c)The date on which a poll shall, if necessary, be taken, which shall be a date not earlier than the thirtieth day after the last date for withdrawal of candidature, and(d)The date, the time and the place for counting of votes and for declaration of results which shall be beyond the third day from the date of the poll.(ii)The notification issued under sub-rule 3(8) (i), 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 requirement for valid nomination. - (i) On or before the date appointed under clause (a) of sub-rule (i) 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.(ii)Every nomination paper shall be subscribed by two electors-one as the proposed and the other as the seconder and assented by the candidate proposed and seconder 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, if 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 seats to be filled up are received simultaneously, all such nomination papers shall held to be invalid.(iii)On receipt of each nomination paper the Returning Officer shall endorse thereon the date and the hour of 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. - (i) On the date and the time appointed by the Returning Officer for scrutiny of 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.(ii)The Returning Officer shall examine the nomination papers thus received and decide all questions which may arise as to the validity of any nomination, and his decision thereon shall be final.(12)Withdrawal of Candidature. - (1) Any candidate may withdraw his candidature by notice in writing signed by him and delivered to the Returning Officer before the date fixed under clause (c) of sub-rule (i) of rule 3(8).(ii)A candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal or to be re-nominated as a candidate for the same election.(13)Publication of the list of contesting candidates. - (i) Immediately after the expiry of the period within candidatures may be withdrawn 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 candidature within the said period.(ii)The said list shall contain the names (in alphabetical order) and the addresses of the contesting candidates as given in the nomination papers.(iii)The said list shall be published in the Official Gazette of Rajasthan and be given wide publicity in such manner as the Returning Officer may deem fit.(14)[ Voting. [Substituted by Notification No. G.S.R. 2, dated 4.4.2016 (w.e.f. 21.4.1988).] - (i) 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. If the number of such candidates exceeds the number of members to be so elected, the Returning Officer shall, shall fix a period of not exceeding seven days for election of members through online voting.(ii)For online voting, the eligible voter has to login with Registered Veterinary Practitioner number. After login, he will receive a onetime password (OTP) on his. motile number. On entering such onetime password (OTP) the voter will be able to see the list of contesting candidates and then he may vote by ticking (V) as many candidates as there are seats to be filled by the election. After voting, voter shall get an acknowledgement that he has completed the voting process successfully. After voting voter shall be automatically logged out and re-vote shall not be possible;](15)[ and (16) [Deleted by Notification No. G.S.R. 2, dated 4.4.2016 (w.e.f. 21.4.1988).] ***](17)[ Counting of votes. [Substituted by Notification No. G.S.R. 2, dated 4.4.2016 (w.e.f. 21.4.1988).] - (i) The Returning Officer shall, on the date and time fixed by him for this purpose, enter the password and get the number of votes received by each contesting candidate.(ii)Any contesting candidate or his representative duly authorized in writing by him may remain present in person to watch the process of counting.(18)Declaration of result. - (i) The Returning Officer shall draw up a list of candidates in order of highest votes polled and declare the candidates elected, in that order according to the number of seats to be filled up.(ii)When there is equality of votes among any two or more candidates, then the candidate who shall be deemed to have been elected shall be determined by lots to be drawn by the Returning Officer or any other officer authorized by him in such manner as he may determine.(iii)The Returning Officer shall, as soon as the result is declared inform each successful candidate of his being elected to the State Council.(iv)If any candidate declared elected under clause (i) above refuses to act as member, then in the place of that candidate one of the remaining unsuccessful candidates to whom the next largest number of votes have been polled, shall be deemed to have been elected and the same procedure shall be adopted as often as a vacancy is caused in this way.; and(19)Election documents. - After declaration of result the Returning Officer shall preserve all the documents relating to election for a period of six months and shall not destroy without the previous sanction of the Government.](20)Intimation of results of election. - (i) The Returning Officer shall intimate the names of the elected candidates to the Government of Rajasthan for enabling it to fulfill its statutory obligation of publishing their names in the Official Gazette of Rajasthan under sub-section (2) of section 32 of the Act.(ii)In case of any dispute regarding the election, which may be lodged with the Returning Officer within fifteen days of declaration of the results of that election, it shall be referred to the Government of Rajasthan for its decision, under section 37 of the Act, which shall be final.
