Section 25 in The Orissa Dental Council Rules, 1969
25.
The following shall be the procedure to be adopted for filling up vacancies by the electorates :(1)the electoral rolls shall be prepared by the Registrar from the respective Registrar and shall contain the name, qualifications and address of every person qualified-to vote for the election of a member to fill up the vacancy or vacancies. Any person who is qualified for election to the State Council under Clauses (a) and (b) of Section 21 of the Act may be nominated as a candidate for election under the said clause of the said section;(2)copies of the electoral rolls shall be kept open in the office of the returning officer for inspection for a period of not less than 15 days;(3)candidate qualified for election may be proposed and seconded by persons qualified as electors. The nomination paper shall be filed in Form 'B'. No elector shall propose or second the nomination of more persons than one required to fill up the vacancy or vacancies ; provided that if more nominations than one required to fill up the vacancy or vacancies, be subscribed by the same elector, all nominations subscribed by him shall be held to be invalid;(4)the candidate shall sign the nomination paper declaring that he is willing to serve in the State Council, if elected, failing which the nomination paper shall be invalid ;(5)every candidate shall, along with the proposal for nomination, deposit with the returning officer a sum of Rs. 100 in cash and he shall not be deemed to be duly nominated unless the said deposit has been made. The deposit shall be forefeited to the Council if the candidate is not elected and number of votes recorded in his favour less than one-eight of the total number of votes recorded. The said deposit shall be returned if it is not forfeited under this sub-rule;(6)every proposal for nomination shall be in writing, signed by the proposer and the seconder, and sent by post or otherwise but proposals received after the last date and time notified therefor under Sub-rule (2) of Rule 24 shall be invalid ;(7)on the date fixed for scrutiny of nomination papers the returning officer shall scrutinise the nomination papers received by him at a place appointed by the returning officer on that date at 12 o'clock in the noon. Any candidate may be present either in person or by an accredited representative at the time of such scrutiny. On completion of the scrutiny of nominations and after the expiry of the period within which candidature may be withdrawn under Sub-rule (8) the returning officer shall forthwith declare the name of the candidates whose nomination papers are held valid by him ;(8)any candidate may withdraw his candidature by notice in writing, signed by him up to 12 O' clock on the fifth day from the last date fixed for filing of nomination papers, counting that day as the first day. Such notice shall not be valid, unless it is delivered to the returning officer, or sent to him by post or otherwise and received by the returning officer, not later the time and the date appointed by the returning officer for such purpose;(9)If in case of any election the number of candidates duly nominated does not exceed the number required to fill up the vacancies, the returning officer shall forthwith declare such candidate to be elected ;(10)if more candidates than are necessary to fill up the vacancy or vacancies be nominated, the returning officer shall forthwith publish their names and addresses in the Orissa Gazette and in any other manner and shall further cause their names to be entered in voting papers in the form as laid down in Form 'C' ;(11)not less than twenty-one days before the date fixed by the State Council for receiving voting papers from the voters, the returning officer shall send by post to each elector one such voting paper bearing the official mark of the returning officer and an identification envelope on which a declaration as per Form 'D' is printed and a bigger cover on which are printed on the left top corner the serial alphabetical number and the name and signature column at the lower left corner and the address of the returning officer printed as under :ToThe Returning Officer,The Orissa State Dental Council Office,Bhubaneswar;(12)an elector who has not received his voting paper and other connected papers sent by post or whose papers, before they are despatched back to the returning officer have been inadvertently spoiled in such manner that they cannot be conveniently used or who has lost his papers, may, on his transmitting to the returning officer a declaration to that effect signed by himself require the returning officer to send him duplicate papers in place of those not received. The spoiled papers shall be returned to the returning officer who shall cancel them on receipt. In every case when duplicate papers are issued, a record thereof shall be kept by the returning officer and a mark "Duplicate" shall be placed on the bigger cover, which will bear the same serial alphabetical number as was originally given to the said elector. The voting papers issued in such cases shall also be marked "Duplicate";(13)before the date appointed by the Council in this behalf every elector, desirous of voting, shall send his voting paper to the returning officer, and the returning officer shall keep the same collected in sealed boxes. Voting papers received by the returning officer after 12 noon on the date appointed for the counting of votes shall be rejected ;(14)the President shall nominate as scrutinisers such number of members of State Council not exceeding four as he thinks fit ;(15)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 the President in this behalf. Any candidate may be present in person during the counting of votes ;(16)when the counting of the votes has been completed the returning officer shall forthwith declare the candidate to whom the largest number of votes have been given to be elected and shall forthwith inform the successful candidate by letter, the fact of his having been duly elected to the Council. If any candidate declared to be elected has withdrawn from the election, or refuses to accept the membership, by notice in writing to the returning officer within a week from the date of declaration the returning officers shall declare the candidate who has secured the next largest number of votes to have been elected in the place of the withdrawing candidate, and so on for as many of the remaining candidates as there may be vacancies caused in this manner;(17)when an equality of votes is found to exist between any candidates, and the addition of a vote will entitle any of the candidates to be declared elected, the determination of the person to whom such one additional vote shall be deemed to have been given shall be made by lot to be drawn by the returning officer ;(18)upon the completion of the counting and after the result has been declared by him the returning officer shall seal up the voting papers and all other documents relating to the election and shall retain the same for a period of six months and thereafter cause them to be destroyed;(19)the returning officer shall intimate the result of the election to the President who shall forward the report to the State Government ;(20)if any question arises as to the intention, construction or application of this rule or the validity of any election, the President shall refer such question under Section 26 to the State Government whose decision shall be final ;(21)if any difficulty arises in holding an election and in carrying out the provisions of this rule, it shall be lawful for the President to take such action or pass such orders as it may appear to him necessary or expedient.
