Section 53 in Tamil Nadu Co-operative Societies Rules, 1988
53. Election of office-bearers.
(1)[(a) The District Election Officer appointed by the Election Commission for the conduct of election of members of the board of a society shall appoint an officer of the Government or officer subordinate to him or officer or employee of co-operative societies or local authorities or undertakings owned by the state or central government or educational institutions as may be necessary as the Election Officer for conducting the election of office bearers of the board of the society. The District Election Officer may also appoint an alternative election officer for conducting the election.] [Substituted by SRO A-1(a)/ 2013 - G.O. Ms. No. 10, Co-operation, Food and Consumer Protection (Cj1), dated 31.1.2013, w.e.f. 31.1.2013.](b)Where the Election Officer appointed under clause (a) is unable to attend any stage of the election owing to illness or other unavoidable reason, the alternative Election Officer, if any, appointed for the purpose shall proceed to conduct the election from the stage at which the Election Officer had left and in such cases, every reference to the Election Officer in this rule shall be construed as a reference to the alternative Election Officer.(2)[ As soon as the members of the board have been elected, the election officer shall arrange to convene a meeting of such elected members of the board for conducting the election of office-bearers of the board.] [Substituted by SRO A-1(a)/2013 - G.O. Ms. No. 10, Co-operation, Food and Consumer Protection (Cj1), dated 31.1.2013, w.e.f 31.1.2013.](3)(a)Not less than three clear days' notice shall be given for a meeting convened under sub-rule (2).(b)The notice of the meeting shall be sent by the Election Officer to the members of the board by one or more of the following modes, namely:-(i)by giving or tendering it to such member of the board and if the member of board is not found, by giving or tendering it to some adult member of his family under his acknowledgement; or(ii)by post under certificate of posting.(c)The notice shall also be published in the notice board at the office of the society.(d)The Election Officer may call upon the Chief Executive or where there is no Chief Executive, the President of the society to arrange to serve the notice of the election meeting on the members of the board.(e)The expenditure, if any, in sending such notice shall be borne by the society.(4)(a)The Election Officer shall preside over the meeting convened under sub-rule (2). * *(b)[ The nomination of a candidate for the election of an office-bearer shall be in Form No. 23. The nomination paper shall be presented to the Election Officer at the meeting by the candidate or the proposer or the seconder.] [Clause (b) was substituted by G. O. Ms. No. 716. Co-operation, Food and Consumers Protection, dated the 19th August 1989.](c)The Election Officer shall decide in writing, the objections, if any, which may be made to any nomination after making such summary enquiry as he considers necessary and announce the names of the eligible candidate or candidates. Any candidate may withdraw his candidature by notice in writing signed by him and delivered to the Election Officer in person, by the candidate himself; or by his proposer or seconder at any time after the presentation of his nomination paper, but within the time fixed for withdrawal of nomination. A notice of withdrawal of candidature once given shall be final.(5)[ When there is not more than one eligible candidate for any office, the Election Officer shall declare such eligible candidate to be duly elected to such office.] [Sub-rule (5) was substituted by G.O. Ms. No. 716, Co-operation, Food and Consumers protection, dated the 19th August 1989](6)(a)Where there is more than one eligible candidate for any office [x x x] [Omitted by G.O. Ms. No. 716, Co-operation, Food and Consumer Protection, dated the 19th August 1989], the Election Officer shall allot a serial number to each eligible candidate according to their name in the alphabetical order in English language, and forthwith arrange for taking poll by providing the ballot papers and a ballot box. At every election where poll is taken, votes shall be recorded by secret ballot in the following manner and no vote shall be recorded by proxy. The serial numbers, as allotted, together with the names of the eligible candidates, shall be displayed prominently in the place of meeting. Each ballot paper shall contain the serial number allotted to the eligible candidate for each office [x x x] [Omitted by G.O. Ms. No. 716, Co-operation, Food and Consumer Protection, dated the 19th August 1989] and the seal and signature of the Election Officer. The members shall make the mark x or + on the ballot paper against the serial number of the candidate of each office [x x x] [Omitted by G.O. Ms. No. 716, Co-operation, Food and Consumer Protection, dated the 19th August 1989] for whom they desire to vote and put the ballot papers in the ballot box.(b)The Election Officer shall decide in writing the objection, if any, which may be made in regard to the right of any member to vote at the election after making such summary enquiry as he considers necessary.(7)As soon as the members present and voting have recorded their votes, the Election Officer shall open the ballot box in the presence of the members present and count the votes.(8)(a)A ballot paper shall be rejected-(i)if it bears any mark by which the member who voted can be identified;or(ii)if no Vote is recorded thereon; or(iii)if votes axe given on it in favour of more than one candidate; ox(iv)if it is a ballot paper not issued by the Election Officer; or(v)if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been cast; or-(vi)if it does not bear the seal and signature of the Election Officer; or(vii)if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established:Provided that where the Election Officer is satisfied that any such defect as is mentioned in item (vi) has been caused by any mistake or failure on the part of the Election Officer, the ballot paper shall not be rejected only on the ground of such defect:Provided further that a ballot paper shall not be rejected only on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.(b)The authority competent to reject the ballot paper shall be the Election Officer.(9)As soon as the counting of the votes is complete, the Election Officer shall announce the number of valid votes secured by each candidate and declare the candidate who has secured the largest number of valid votes as elected. In the case of equality of votes, the results of the election shall be decided by casting lots by the Election Officer.(10)(a)The results of the election shall be recorded in a register opened by the Election Officer for the purpose and attested by him.(b)The name of the duly elected candidate shall be published in the notice boards of the office of the Election Officer and the office of the society concerned.(c)[ As soon as the election is over, the Election Officer shall intimate the results of the election to the society concerned, the District Election Officer, the State Election Officer and the Election Commission.] [Substituted by SRO A-1(a)/2013 - G.O. Ms. No. 10, Co-operation, Food and Consumer Protection (Cj1), dated 31.1.2013, w.e.f. 31.1.2013.](11)(a)If at any stage of the election, the proceedings are interrupted or obstructed by any riot or open violence or it is not possible to proceed with the election on account of any natural calamity, the Election Officer shall have power to stop the election recording his reasons for such action.(b)[ The fact that the election has been so stopped shall be immediately announced and reported to the District Election Officer, the State Election Officer and the Election Commission by the Election Officer.] [Substituted by SRO A-1(a)/2013 - G.O. Ms. No. 10, Co-operation, Food and Consumer Protection (Cj1), dated 31.1.2013, w.e.f. 31.1.2013.](c)[ Proceedings with reference to the election so stopped shall be resumed from the stage it was stopped or resumed at an earlier stage as may be decided by the Election Commission.] [Substituted by SRO A-1(a)/2013 - G.O. Ms. No. 10, Co-operation, Food and Consumer Protection (Cj1), dated 31.1.2013, w.e.f, 31.1.2013.](12)Every election under this rule shall be held at the premises where the office of the society is located or in any other public place at the headquarters of the society to which the voters shall have access.(13)(a)The records relating to the election shall be secured in a container, which shall be affixed with the seal of the Election Officer and of the candidates who desire to affix their seals.(b)[ After the election is over, the election officer shall hand over the election records to the District Election Officer or to any person authorised by him in this behalf under acknowledgment who shall preserve the same for a period of one year from the date of election in the event of there being no election dispute or if an election dispute is referred to the Registrar, till the date of final disposal of the said dispute, whichever is later.] [Substituted by SRO A-1(a)/2013 - G.O. Ms. No. 10, Co operation, Food and Consumer Protection (Cj1), dated 31.1.2013, w.e.f. 31.1.2013.](c)They shall be destroyed after the said period of one year, if no dispute relating to, or in connection with, the election is referred to the Registrar or in the event of an election dispute after the final disposal of the dispute, whichever is later.(14)[ Every casual vacancy of an office-bearer shall be reported to the Election Commission by the society within fifteen days of its occurrence, which shall be filed up in the same manner as specified in this rule.] [Substituted by SRO A-1(a)/2013 - G.O. Ms. No. 10, Co-operation, Food and Consumer Protection (Cj1), dated 31.1.2013, w.e.f. 31.1.2013.](15)[ Nothing contained in this rule shall apply to the election of president or vice president or Chairperson or Vice chairperson as the case may be, of an interim board referred to in sub-clause(ii) of clause (d) of sub-section(l) and of sub-section(2) of sectionl3 and the fourth proviso to sub-section(l) of section 33.] [Substituted by SRO A-1(a)/2013 - G.O. Ms. No. 10, Co-operation, Food and Consumer Protection (Cj1), dated 31.1.2013. w.e.f. 31.1.2013.](16)[ Notwithstanding anything contained in this rule, the Election Commission may for sufficient reasons direct the postponement of the election of office bearers or further postponement of the date so postponed and the District Election Officer and the Election Officer shall give effect to such direction. Further proceedings with reference to the election so postponed shall be resumed from the stage it was postponed or resumed at an earlier stage as may be decided by the Election Commission.] [Inserted by SRO A-1(a)/2013 - G.O. Ms. No. 10, Co-operation, Food and Consumer Protection (Cj1), dated 31.1.2013, w.e.f. 31.1.2013.]
