State of Madhya Pradesh - Act
The M.P. Farmers' Organisation Election Rules, 1999
MADHYA PRADESH
India
India
The M.P. Farmers' Organisation Election Rules, 1999
Rule THE-M-P-FARMERS-ORGANISATION-ELECTION-RULES-1999 of 1999
- Published on 24 November 1999
- Commenced on 24 November 1999
- [This is the version of this document from 24 November 1999.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
1. Short title and Commencement.
2. Definitions.
- In these Rules, unless the context otherwise require :-Chapter II
3. Administrative Machinery for the conduct of elections.
4.
Subject to the general superintendence, direction and control of the Divisional Election Authority, the District Election Authority shall be responsible for the conduct, co-ordination and supervision of all works in connection with the conduct of elections, of the Members of the Managing Committee and President of Water Users' Association and Distributory Committee and the Chairperson and members of the Managing Committee of the Project Committee.5.
For every election to fill the seals of Member of the Managing Committee and President of Water Users' Association and the Distributory Committee, and for the office of the Chairperson and Member of the Managing Committee of the Project Committee, the District Election Authority shall designate or nominate by order an officer as an Election Officer, who shall be as far as possible be a Gazetted Officer of the State Government or a local authority not below the rank of a Tehsildar.6.
The District Election Authority may appoint one or more persons as Assistant Election Officers to assist any Election Officer :Provided that every such person shall be an officer of the State Government or of a local authority.7.
Every Assistant Election Officer shall, subject to the control of the Election Officer, be competent to perform all or any of the functions of the Election Officer :Provided that no Assistant Election Officer shall perform any functions of the Election Officer, which relate to the scrutiny of nomination papers unless the Election Officer is unavoidably prevented from performing the said functions.8.
It shall be the general duty of the Election Officer at any election to do all such acts and things as may be necessary for conducting the election in the manner provided under the Act and under these Rules or orders made thereunder.9.
The District Election Authority shall, subject to such directions as may be issued by the Election Authority, provide as many polling stations as are necessary for the conduct of elections and shall in such manner as the Election Authority may direct a list showing the polling stations and the areas or groups of voters for which they have been provided respectively.10.
Chapter III
Election of Member of the Managing Committee and President of Water Users' Association
11. Public Notice of Election.
12. Special Election Programme.
- Notwithstanding anything contained in these rules, where the election process is interrupted or the election programme has to be altered on account of the orders of any Court of Law or for other valid reasons to be recorded in writing, it shall be competent for the Election Authority cither generally or in respect of specified Water Users' Association to alter the election programme as he deemed fit, in the circumstances of the case without having regard to sub-rule (5) of Rule 11 and the Election Officer shall give effect to the same :Provided that where the election programme is re-notified under this rule commencing from the making of nominations, the nominations already made shall be disregarded and the deposits, if any, made under Rule 15 shall be refunded.13. Nomination of Candidates.
14. Presentation of Nomination Paper and requirements of Valid Nomination.
15. Security Deposits.
16. Publication of Nominations.
- Immediately after expiration of the time specified for receipt of the nomination papers on the date fixed for that purpose, the Election Officer or such other authorised person shall publish at his office in Hindi language a list in Form 4 for Water Users' Association, in Form 21 for Distributory Committee and in Form 31 for Project Committee of all the nominations received, with a notice that the nomination papers will be taken up by the Election Officer for scrutiny at the specified place, the date and time.17. Scrutiny of Nomination Papers.
18. Withdrawal of Candidature.
19. Publication of list of contesting candidates.
20. Declaration of result of uncontested candidate.
21. Death of candidate before poll.
- If a contesting candidate dies and a report of his death is received before commencement of the poll, the Election Officer shall after being satisfied of the fact of the death of the candidate, countermand the poll and election proceedings shall be started afresh in all respects as if it is a new election :Provided that no fresh nomination shall be necessary in the case of a candidate who stood validly nominated at the time of countermanding of the poll;Provided further that no person who has given a notice of withdrawal of his candidature under Rule 18 before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.22. Appointing of agents.
23. Voting.
- If poll has to be taken, the Election Officer shall appoint forthwith one or more Presiding Officers at each polling station and may pay the remuneration as fixed by the Government for their services. The Election Officer shall provided for each Presiding Officer such number of Polling Officers as may be necessary and also. If necessary appoint one or more identifying officers to assist the Presiding Officer in identifying the electors.24. Right to vote.
- All electors voting shall vote in person at the polling station as provided under the rules.25. Arrangements of polling station.
26. Preparation of ballot boxes.
27. Form of ballot paper.
28. Issue of Ballot papers.
29. Maintenance of secrecy of voting by electors and voting procedure.
30. Blind and Infirm Voters.
31. Facilities to Women Electors.
- Special facilities in accordance with the instructions, if any, issued by Divisional Election Authority in that behalf may be accorded to women electors.32. Identification of Electors.
33. Tendered Votes.
34. Challenging of Identity.
35. Safeguards against Impersonation.
36. Spoiled and Returned ballot papers.
37. Closing of poll and sealing of Ballot Boxes and covers after poll.
38. Account of Ballot Papers, Ballot Boxes, packets etc.
39. Scrutiny of opening of ballot boxes and counting of votes.
40. Admission to the place fixed for counting.
- The Presiding Officer shall exclude from the place fixed for counting of votes all persons except-41. Rejection of ballot papers.
42. Recount of votes.
43. Equality of votes.
- If, after the counting of the votes is completed an equality of votes is found to exist between any candidates and the addition of one vote will lead to any of those candidates being declared elected, the Election Officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls has received the additional vote.44. Disturbances at the time of counting of votes.
45. Sealing of used ballot papers.
- The valid ballot papers of each candidate and the rejected ballot papers shall thereafter be bundled separately and the several bundles made up into a separate packet which, shall be sealed with the seals of the Election Officer and of such of the candidates, their election agents or counting agents as may desire to affix their seals thereon, and on the packets be scaled shall be recorded the following particulars namely:-46. Transfer of ballot papers to cloth bags.
- The provisions of Rules 40, 41 and 45 shall apply so far as may be in relation to counting of ballot papers and votes, which have been transferred from ballot boxes to cloth bags or cloth lined covers under sub-rule (6) of Rule 37 :Provided that every' reference in the said Rules to a ballot box, shall be construed as a reference to a bag or cover to which the contents of a ballot box have been transferred.47. Counting of votes in case of fresh poll.
48. Declaration of Result.
49. Grant of Election Certificate.
- As soon as may be, after a candidate has been declared by the Election Officer under Rule 20 or as the case may be under Rule 50, to be elected, the Election Officer shall grant such candidate a certificate of election in Form 18, and obtain from the candidate an acknowledgment of its recent duly signed by him and immediately send the acknowledgment by a registered post to the District Election Authority under intimation to the Divisional Election Authority.50. Publication of Results.
- The Election Officer shall publish on the Notice Board in the office of the Water Users' Association concerned a notification signed by him, stating the name of the candidate duly elected.51. Disposal of ballot papers.
52. Adjournment of poll in emergencies.
53. Filling up of casual vacancies.
- Any casual vacancy of Member of a President of a Water Users' Association shall be filled up within a period of thirty days from the date of occurrence of such vacancy on issue of a notification by the Divisional Election Authority following the provisions of these rules and orders made thereunder.54. Power of Government in certain cases.
- If any question arises to the interpretation of these Rules otherwise than in connection with an enquiry held under these Rules, for the decision of disputes as to the validity of an election or in removing any difficulty in giving effect to the provisions of the Act, the question shall be referred to the Government whose decision thereon shall be final.55. Power of Election Officer to fix dates etc., in certain cases.
- Notwithstanding anything in the foregoing provision of these Rules, the Government or the Divisional Election Authority may, before the filing of nominations in the case of any Water Users' Association, in particular empower the Election Officer to fix dates and period other than those specified or fixed by or under these Rules for all or any of the stages of the election proceedings connected therewith.Chapter IV
56. Election of a member of the Managing Committee and President of the Distributory Committee.
- Notwithstanding anything contained in these rules, the election of the members specified in sub-section (2) of Section 6 of the Act, shall be held in the office of the notified Janpad Panchayat at a special meeting of the members of the Distributory Committee specified in sub-section (3) of Section 5 thereof. The Election Officer shall be the Collector or any Gazetted Officer of the Government authorised by the District Election Authority.57.
The Election Officer shall display the voters' list for the purpose of the election and exhibit it on the notice board of the Janpad Panchayat along with the notice for election.58.
The notice of election giving the date, place and time of the election in Form 19 shall be displaced in Hindi language and sent to the members of the Distributory Committee specified in sub-section (3) of Section 5 of the Act atleast two clear days in advance of the date of election of the members under sub-section (2) of Section 6 of the Act, by the Election Officer.59.
The election shall be by secret ballot and shall conclude on a single day. The programme shall be as follows :-| (i) Receipt of Nominations | 11.00 a.m. to 12.00 noon |
| (ii) Scrutiny of nominations and publication offinal list of nominations | 12.30 p.m. to 1 p.m. |
| (iii) Withdrawal of nominations | 1.00 p.m. to 1.30 p.m. |
| (iv) Publication of final list of contestants | 2.00 p.m. |
| (v) Elections in the event of contest | 3.00 p.m. to 5.00 p.m. |
| (vi) Counting and declaration of results | Immediately after the poll: |
60.
If the number of contesting candidates is more than one, poll shall be conducted. If there is only one validly nominated candidate, the Election Officer shall forthwith declare such candidate as duly elected (in Form 28) and send the same to the Divisional Election Authority and the District Election Authority.61.
In the event of the contest, ballot papers shall be prepared in Forms 26 and 27 containing names of the contesting candidates in Hindi language in alphabetical order for the post of President and Members of the Managing Committee, separately and the election shall be conducted as directed by the Divisional Election Authority.62.
At the end of the poll, the Election Officer shall arrange forthwith, the counting of votes polled for the contesting candidates for President and Members of the Managing Committee separately and declare the candidates as elected in Form 28 as follows :-63.
In the event of equality of votes between the two candidates the Election Officer shall draw lots in the presence of the members and the candidates whose name is first drawn shall be declared to have been duly elected.64.
Immediately after the declaration of the result of the election, the Election Officer shall prepare a record of the proceedings of the meeting and sign it attesting with his initials every correction made therein and shall also have the said record of proceedings attested by a majority of the number of members who participated in the meeting. He shall also publish on the notice board of the Janpad Panchayat a notice signed by him stating the name of the person elected as a Member of the Managing Committee and President of the Distributory Committee as specified under sub-section (2) of Section 6 of the Act and send a copy of such notice of the District Election Authority concerned and the Divisional Election Authority. A copy of this notice shall also be given to the candidate who is declared elected as Member of the Distributory Committee.65.
Notwithstanding anything contained in these rules. Election Officer may, for sufficient reasons to be recorded in written, direct from time to time, the alteration of the date of the special meeting convened under Rule 56 and inform the District Election Authority and Divisional Election Authority.66.
No meeting for the conduct of election of member specified in sub-section (2) of Section 6 of the Act, shall be held unless one-half of the number of members of the Distributory Committee who are entitled to vote at the election are present.Chapter V
67. Election of member of the Managing Committee and Chairperson of the Project Committee.
- Notwithstanding anything contained in these rules, the election of the members specified in [clauses (i) and (ii) of sub-section (2) of Section 8 of the Act] [Substituted by Notification No. 32-1- 99-M-XXXI-384, dated 10-6-2003], shall be held in the office of the notified Janpad Panchayat at a special meeting of the members of the Project Committee specified in sub-section (3) of Section 7 thereof the Election Officer shall be the Collector or any Gazetted Officer of the Government authorised by the District Election Authority.68.
The Election Officer shall display the voters' list for the purpose of the election and exhibit it on the notice board of the Janpad Panchayat along with the notice for election.69.
The notice of election giving the date, place and time of the election shall be displayed in Form 29 in Hindi language and sent to the members of the Project Committee specified in [clauses (i) and (ii) of sub-section (3) of Section 7 of the Act] [Substituted by Notification No. 32-1-99-M-XXXI- 384, dated 10-6-2003.] at least two clear days in advance of the date of election of the members under [clauses (i) and (ii) of sub-section (2) of Section 8 of the Act] [Substituted by Notification No. 32- 1-99-M-XXX1-384, dated 10-6-2003.], by the Election Officer.70.
The election shall be by secret ballot and shall conclude on a single day. The programme shall be as follows :-| (i) Receipt of Nominations | 11.00 a.m. to 12.00 noon |
| (ii) Scrutiny of nominations and publication offinal list of nominations | 12.30 p.m. to 1 p.m. |
| (iii) Withdrawal of nominations | 1.00 p.m. to 1.30 p.m. |
| (iv) Publication of final list of contestants | 2.00 p.m. |
| (v) Elections in the event of contest | 3.00 p.m. to 5.00 p.m. |
| (vi) Counting and declaration of results | Immediately after the poll: |
71.
If the number of contesting candidates is more than one, poll shall be conducted. If there is only one validly nominated candidate, the Election Officer shall forthwith declare such candidate as duly elected in Form 36 and send a copy to the Divisional Election Authority and the District Election Authority.72.
In the event of the contest ballot papers shall be prepared in Forms 36 and 37 containing names of the contesting candidates in Hindi language in alphabetical order, for the post of Chairperson and the Members of the Managing Committee, separately and the election shall be conducted as specified by the Divisional Election Authority.73.
At the end of the poll, the Election Officer shall arrange forthwith, the counting of votes polled for the contesting candidates for Chairperson and members of the Managing Committee separately and declare the candidates as elected in Form 38 as follows :-74.
In the event of equality of votes between the two candidates, the Election Officer shall draw lots in the presence of the members and the candidate whose name is first drawn shall be declared to have been duly elected.75.
Immediately after the declaration of the result of the election, the Election Officer shall prepare a record of the proceedings of the meeting and sign it attesting with his initials every correction made therein and shall also have the said record of proceedings attested by a majority of the number of members who participated in the meeting. He shall also publish on the notice board of the Janpad Panchayat a notice signed by him stating the name of the person elected as Member of the Managing Committee and Chairperson of the Project Committee as specified under sub-section (2) of Section 8 of the Act and send a copy of such notice to the District Election Authority concerned and the Divisional Election Authority. A copy of this notice shall also be given to the candidate, who is declared elected as Member of the Project Committee.76.
Notwithstanding anything contained in these rules, the Election Officer may, for sufficient reasons to be recorded in writing, direct from time to time, the alteration of the date of the special meeting convened under Rule 56 and inform the District Election Authority and Divisional Election Authority.77.
No meeting for the conduct of election of members specified in sub-section (2) of Section 8 of the Act, shall be held unless one-half of the number of members of the Project Committee who are entitled to vote at the election are present.[Chapter VI] [Inserted by Notification No. 32-1-99-5-XXXI-855, dated 26-4-2006.]78. Manner, time limit and fee for filing of the election petition.
- Any person aggrieved by the result or procedure of election so adopted, may file an election petition, duly paying the fee therefor within the time limit and to officers as mentioned below :-(i)Dispute regarding election of Water Users' Association's Managing Committee's members and its President, the petition shall be filed with Sub-Divisional Officer (Revenue).(ii)Dispute regarding election of `Distributory Committee' and `Project Committees' members and President/Chairperson, the petition shall be filed with Collector (District Magistrate) Of concerned District.(iii)From the date of declaration of polling result, a period of thirty days shall be reckoned to entertain the petition, failing which the petitioner shall not be entertained.(iv)For filing the said petition, a fee of Rs. 200/- shall be deposited by the appellant to the concerned Executive Engineer, Water Resources Department and thereafter this fee shall be remitted by Executive Engineer under head 0702-01 (Revenue Receipts), which shall not be refundable in any case and shall be deemed as forfeited.(v)The decision so awarded by the concerning officer, shall be final and binding on the petitioner and in any case no appeal shall be entertained.(vi)In the event of completion of any election and declaration of election results, the time limit to file the election petition in all such cases as mentioned above, shall be thirty days from the date of declaration of election results :Provided that any petition may be entertained after the prescribed period of thirty days if the petitioner satisfies the concerning officer that he had sufficient cause for not preferring the petition within such period and no petition shall be entertained beyond a period of six months from the date of declaration of election results.Form 1[See Rule 11 (2)]Notice for the Flection of the President/Member of the Managing Committee.......................of the Water Users' Association(s) in ..............DistrictIt is hereby notified that elections to the President/Members of the Managing Committee of the Water Users' Associations in ..................... District shall be conducted as per the following :-(i)Nomination papers shall be presented(a)on (date)(b)Time.....................between.............. to...........hours.(ii)Date of scrutiny of nomination papers(iii)Date of withdrawal of candidature(iv)Date of Polling(v)Date of counting of votes by the Election Officer(vi)Declaration and publication of resultsDivisional Election Authority/District Election Authority.Form 2[See Rule 11 (4)]Notice for the Election for Office of the President/Member of the Managing Committee....................of the.......... Water Users' AssociationNotice is hereby given that-| SI. No. of Nomination Paper | Name of the Candidate | Father's Name | Age |
| (1) | (2) | (3) | (4) |
| Occupation & Address | Voters List No. of Candidate | Name of the proposer | Voters List No. of proposer |
| (5) | (6) | (7) | (8) |
| SI. No. allotted | Name of the candidate | Address of the candidate |
| (1) | (2) | (3) |
| 1. | ||
| 2. | ||
| etc. |
| Sl.No. | Name of the Candidate | Symbol Allotted |
| (1) | (2) | (3) |
| 1. | ||
| 2. | ||
| etc. |
| Sl.No. | Name of the Candidate | Symbol Allotted/Assigned |
| (1) | (2) | (3) |
| 1. | ||
| 2. | ||
| etc. |
| Name of the Counting Agent | Address of the Counting Agent |
| (1) | (2) |
| 1. | |
| 2. | |
| 3. |
| Sl.No. | Name of the Elector | No. in the Voters List/Section No. Name of WUA |
| (1) | (2) | (3) |
| Serial No. of Tendered Ballot Paper | Signature of Elector or thumb impression ofperson tendering vote | Serial No. of Ballot Paper issued to the personwho has already voted |
| (4) | (5) | (6) |
| Sl.No. | No. in the Voters List/Section No. Name of WUA | Name of the Elector | Signature or thumb impression of the personchallenged and his address |
| (1) | (2) | (3) | (4) |
| Name of challenger | Signature and thumb impression of identifier ifany | Order of Polling Officer | Signature of challenger on receiving refund ofdeposit |
| (5) | (6) | (7) | (8) |
| Territ. Const. No.......... | |
| No. & Name of the Polling Station | WUA........................ |
| S.Nos............Total No.......... | |
| From.....................To........ | |
| (1) Ballot papers received | |
| (2) Ballot papers unused | |
| (i.e.,not issued to voters) | |
| (a) withthe signature of Polling Officer | |
| (b) withoutthe signature of Polling Officer Total'(A + B) | |
| (3) *Ballot Papers used at the Polling Station (1-2 = 3) | |
| (4) Ballot papers used at the Polling Stations but notinserted into the Ballot Box. | |
| (a) Ballotpapers cancelled for violation of voting procedure under Rule 20. | |
| (b) Ballotpapers cancelled for other reasons. | |
| (c) Ballotpapers used as tendered ballot papers. | |
| *Total (A +B + C) | |
| (5) *Ballot papers to be found in the ballot box (3-4 = 5) |
Part II – Result of Counting
| S.No. | Name of Candidature | Name of Valid Votes Cast |
| (1) | (2) | (3) |
| 1. | ||
| 2. | ||
| 3. etc. |
| Place................. | ........................................................ |
| Date............................................ | Signature of Counting Supervisor |
| Place.............................. | .......................................... |
| Date.............................................. | Signature of Election Officer |
| Sl.No. | Polling Station No. | No. of valid votes cast in favour ofA B C D |
| (1) | (3) | (4) |
| Total No. of Valid Votes | Total No. of rejected votes | Total | No. of Tendered Votes |
| (5) | (6) | (7) | (8) |
| SI. No. Nomination paper | Name of the Candidate | Father's name | Name of WUA |
| (1) | (2) | (3) | (4) |
| Occupation and address | SI. No. in Voters list | Name of the proposer | Name of WUA of the Proposer |
| (5) | (6) | (7) | (8) |
| SI. No. Allotted | Name of the Candidate | Name of the Water Users' Association herepresents |
| (1) | (2) | (3) |
| 1. | ||
| 2. | ||
| etc. |
| SI. No. Allotted | Name of the Candidate | Date on which withdrawal notice delivered |
| (1) | (2) | (3) |
| 1. | ||
| 2. | ||
| etc. |
| SI. No. | Name of the Candidate |
| (1) | (2) |
| 1. | |
| 2. | |
| etc. |
| S.No. of the Voter...................... | .............................................. |
| R.No.......................................... | Signature/Thumb Impression |
| ...............Distributory Committee. |
| R. No............................................................................... | R.No................................................... |
| Name of the candidate in Hindi in Alphabetical Order | put (√) mark against one name only in the box space provided |
| 1. | Name | |
| 2. | Name | |
| 3. | Name | |
| 4. | Name | |
| 5. | Name | |
| 6. | Name |
| S.No. of the Voter...................... | .............................................. |
| R.No.......................................... | Signature/Thumb Impression |
| ...............Distributory Committee. |
| R. No............................................................................... | R.No................................................... |
| Name of the candidate in Hindi in Alphabetical Order | Put (√) mark against as many candidates as the number ofposts in Managing Committee in the box space provided |
| 1. | Name | |
| 2. | Name | |
| 3. | Name | |
| 4. | Name | |
| 5. | Name | |
| 6. | Name |
| SI. No. Nomination Paper | Name of the Candidate | Father's name | [Name and numbers of Water Users'Association/Territorial Constituency] [Substituted by Notification No. 32-1-99-M-XXXI-384, dated 10-6-2003.] |
| (1) | (2) | (3) | (4) |
| Occupation and address | Sl. No. in Voters List | [Name and number of W.U.A./T.C. of the proposer] [Substituted by Notification No. 32-1-99-M-XXXI-384, dated 10-6-2003.] | Name of WUA of the proposer |
| (5) | (6) | (7) | (8) |
| S.No. Allotted | Name of the Candidate | [Name and number of Water Users'Association/Territorial Constituency he represents] [Substituted by Notification No. 32- 1-99-M-XXXI-384, dated 10-6-2003.] |
| (1) | (2) | (3) |
| 1. | ||
| 2. | ||
| etc. |
| S.No. | Name of the Candidate | Date on which withdrawal notice delivered |
| (1) | (2) | (3) |
| 1. | ||
| 2. | ||
| etc. |
| S.No. | Name of the Candidate |
| (1) | (2) |
| 1. | |
| 2. | |
| etc. |
| S.No. of the Voter...................... | .............................................. |
| R.No.......................................... | Signature/Thumb Impression |
| ...............Project Committee |
| R. No............................................................................... | R.No................................................... |
| Name of the candidate in Hindi in Alphabetical Order | Put (√) mark against one name only in the box space provided |
| 1. | Name | |
| 2. | Name | |
| 3. | Name | |
| 4. | Name | |
| 5. | Name | |
| 6. | Name |
| R. No............................................................................... | R.No................................................... |
| Name of the candidate in Hindi in Alphabetical Order | Put (√) mark against as many candidates as the number ofposts in Managing Committee in the box space provided |
| 1. | Name | |
| 2. | Name | |
| 3. | Name | |
| 4. | Name | |
| 5. | Name | |
| 6. | Name |