Section 41 in The Chhattisgarh Co-operative Societies Rules, 1962
41. [Procedure for election of members of the committee [***] [Substituted by notification No. F-5-3-91-XV-1, dated 18-4-91.].
(1)(a)Subject to the provisions of sub-section (6) of Section 49 the election of members of the committee [***] [Omitted by notification No. F-5-7-94-XV-1, dated 21-7-95.] shall be held in the annual general meeting or special general meeting, as the case may be, of the society :[Provided that where in the bye-laws of any Central or Apex Society, there is a provision for suo motu formation of committee by the representatives of its affiliated societies, the provisions of the sub-rules (2) to (24) of Rule 41 shall not apply.] [Inserted by notification No. F-5-S-97-XV-1, dated 12-3-97.](b)such election shall take place after all other matters, included in the agenda, have been considered.](2)Not less than ten days before the date fixed for the [annual general meeting or the special general meeting of a society, as the case may be] [Substituted by notification No. F-5-4-78-XV-1, dated 15-4-78.] the Returning Officer shall paste a notice on the notice board of the SOciety, stating-(a)the number of members to be elected;(a-1) [***] [Omitted by Notification No. F-5-7-94-XV-1, dated 21-7-1995.](b)the last date for making nominations, which shall not be later than seven days before the date fixed for holding the said meeting, the hours between which, the place at which and the person to whom nomination papers shall be presented;(c)[ The date on which, the place at which and hours between which scrutiny of nomination papers shall be made and the date and place of polling, if necessary;] [Substituted by Notification No. F-5-4-88-XV-1, dated 25-6-1988.](d)the last date for the withdrawal of candidatures;[(d-1) the date for co-option against vacant seats of committee members, [***] [Inserted by Notification No. F-5-3-91-XV-1, dated 18-4-1991.] if any;](e)[ the date for election of Chairman/President, Vice Chairman/Vice-President and representatives to be sent to other societies and such other officers as specified in bye-laws.] [Substituted by Notification No. F-5-7-94-XV-1, dated 21-7-1995.](3)Every nomination paper shall be signed by two members of the group, if any, of the society to which they belong, as proposer and seconder, and the candidate of that group shall sign a declaration on it expressing his willingness to stand for election:[Provided that where the number of members or voters in a group is less than seven the nomination paper shall be signed by only one member of the group.] [Inserted by notification No. F-5-4-88-XV-1, dated 28-6-88.](4)A member of a group, if any, may sign as proposer or seconder as many nomination papers as there are vacancies to be filled in the group. Each candidate shall be nominated by a separate nomination paper.(5)[ If a candidate files more than one nomination paper for any post, then all the nomination papers shall be scrutinized by the Returning Officer and the candidate shall be entitled to contest the election on the basis of any valid nomination paper.] [Substituted by notification No. F-5-7-94-XV-1, dated 21-7-95.](6)Each candidate, either personally or through his proposer or seconder, shall deliver a nomination paper in Form 'G' to the person specified under clause (b) of sub-rule (2).(7)[ The person to whom the nomination paper is to be delivered shall on receiving the nomination paper, enter thereon the serial number of its receipt and shall endorse thereon the date on which and the time at which the nomination paper was delivered to him. He shall acknowledge receipt of the nomination paper. He shall also enter the name of the proposer, seconder and the candidate and the office which the candidate seeks to contest in a register in the order in which nomination papers are received. When any person has signed as proposer or/and seconder, on a larger number of nomination papers than vacancies are to be filled, those of the papers so signed which have been first received upto the number of the vacancies to be filled shall only be deemed to be valid.] [Substituted by notification No. F-5-4-88-XV-1, dated 28-6-88.][(7-A) On presentation of nomination paper, the Returning Officer or the person authorised by him under clause (b) of sub-rule (2) shall satisfy himself that the name of the society and its registration number and the names and serial numbers in the list of members of the candidate and his proposer and seconder as entered in the nomination paper are the same as those entered in the list of members:Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or seconder or in regard to any place mentioned in the list of members or the nomination paper and no clerical, technical or printing error in regard to the list of members, serial number of any such person in the list of members or the nomination paper shall affect the full operation of the list of members or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood, and the Returning Officer or the person authorised by him shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary, direct that any such misnomer, inaccurate description clerical, technical or printing error in the list of members or in the nomination paper shall be overlooked. Further that if there are any blanks in the nomination paper the Returning Officer or the person receiving the nomination paper shall get such blanks filled in before recording his endorsement on the same.] [Inserted by notification No. F-5-3-91-XV-1, dated 18-4-91.](8)[ No nomination paper shall be received after the date and time fixed under clause (b) of sub-rule (2). The person authorised to receive nomination papers shall on each day prepare a list of candidates alongwith their proposers, seconders and offices and exhibit the same on the notice board at the place fixed for receipt of nominations.] [Substituted by notification No. F-5-3-91-XV-1, dated 18-4-91.](9)[ (a) Nomination papers duly received shall be scrutinized by the Returning Officer on the date fixed for the scrutiny under clause (c) of sub-rule (2);(b)It shall be open to the persons filling the nomination paper to be present at the time of scrutiny;(c)The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a material character nor shall it be rejected on the ground of any irregularity in respect of a nomination form, if the candidate has been duly nominated by means of another nomination form, in respect of which no irregularity has been committed;(d)The Returning Officer shall for reasons to be recorded in writing, reject a nomination paper only On the following grounds-(i)if the nomination paper is not in accordance with the preceding sub-rules;(ii)if the candidate is disqualified to be elected or proposer/seconder is disqualified to vote by or under the Act, rules or bye-laws of the society.](e)[ The Returning Officer shall prepare a list of valid nominations. If in the list more than one nomination papers are found valid for one post, then first valid nomination of the candidate shall be accepted and he will sign the list in token of its correctness and shall publish and affix on the notice board of the society.] [Substituted by notification No. F-5-7-94-XV-1, dated 21-7-95.](10)Any candidate may withdraw his candidature by notice in writing, subscribed by him and delivered either in person by the candidate or his proposer or seconder to the Returning Officer, on or before the date fixed under clause (d) of sub-rule (2). A candidate who has withdrawn his candidature shall not be allowed to cancel his withdrawal.(11)On completion of the scrutiny of the nominations and after the expiry of the period within which candidature may be withdrawn under sub-rule (10), the Returning Officer shall prepare a list of candidates whose nominations are in order and who have not withdrawn their candidature and cause it to he published on the notice board of the society.(12)[ If the number of duly nominated candidates for election as committee members [***] [Substituted by notification No. F-5-3-91-XV-1, dated 18-4-91.] is equal to or less than the number of seats to be filled, the Returning Officer shall declare all of them elected and shall intimate this fact to the society.(13)If the number of committee members, [*] [Omitted by notification No. F-5-7-94-XV-1, dated 21-7-95.] so elected falls short of the number of seats specified in the election notice for committee member, in [*] [Omitted by notification No. F-5-7-94-XV-1, dated 21-7-95.] the committee members shall fill up the remaining seats by co-option in a meeting to be presided over by the Returning Officer:Provided that, if the number of members elected [***] [Omitted by notification No. F-5-7-94-XV-1, dated 21-7-95.] falls short of the quorum fixed for the meeting of the committee in the bye-laws, cooption shall not be made and the election process shall be started afresh for the remaining seats.] [Substituted by notification No. F-5-3-91-XV-1, dated 18-4-91.](14)[ (a) If the number of duly nominated candidates is greater than the number of members to be elected, immediately after the expiry of the period within which candidature could be withdrawn under clause (d) of sub-rule (2), the Returning Officer shall prepare and publish in Form-I, a list of contesting candidates whose nomination papers have been finally accepted and who have not withdrawn their candidature during the specified period;(b)[ The list referred to in clause (a) shall contain the names of contesting candidates in alphabetical order in Hindi alongwith their addresses as given in nomination papers;](c)The list of contesting candidates referred to in clause (a) shall contain the particulars set out in Form-I and shall be prepared in Hindi in Dev Nagari Script;(d)The alphabetical order referred in clause (b) shall be determined with reference to surname of the candidates having surnames and to the names proper in the case of other candidates;(e)Where a poll becomes necessary, the Returning Officer shall assign to each candidate [a symbol in serial order as listed below and the symbol shall be printed on the ballot paper] [Substituted by Notification No. F-5-16-78-1-XV,dated 13-12-1978.]-(1)Flower(2)Bullock(3)Sword(4)Two leaves(5)Scales(6)[Box] [Substituted by Notification No. F-5-16-78-XV-1, dated 13-12-1978.](7)Lion(8)[ Bullock cart [Substituted by Notification No. F-5-4-88-XV-1, dated 28-6-1988.](9)Chair(10)Hut](11)[ Bird] [Substituted by Notification No. F-5-15-88-XV-1, dated 14-11-1988.](12)[ Match Box] [Substituted by Notification No. F-5-4-88-XV-1, dated 28-6-1988.](13)Tree(14)Book(15)[ Television] [Substituted by Notification No. F-5-7-94-XV-1, dated 21-7-1995.](16)Fish(17)Buffalow(18)Deer(19)Bear(20)Well(21)Pump(22)Telephone(23)Motor(24)Cycle(25)Aeroplane(26)Engine(27)Boat(28)Fountain pen(29)Wall Clock(30)Ring.(f)If the list of the symbols in clause (e) is exhausted, the Returning Officer may in his discretion allot to the candidate concerned any symbol other than those specified in the list:Provided that no symbol allotted to any political party of the State by the Election Commissioner shall be allotted to any candidate;(g)[ The symbols allotted to the contesting candidates of any group shall be printed on the ballot papers, meant for the group. The ballot paper shall show only the name of office for which the vote is being cast [the names] [Substituted by Notification No. F-5-16-78-I-XV, dated 13-12-1978.] and the symbols of contesting candidates in the group in the same serial order as displayed in Form I by the Returning Officer on the notice board of the Society under clause (j) of sub-rule (14) of Rule 41;(h)The list of names of the contesting candidates for any group and the symbols allotted to each of them in the same serial order as mentioned in clause (g) of Rule 14 shall be displayed before the ballot box kept for casting of votes of the group concerned. Such list shall also be displayed on the gate of the Polling Booth and a copy thereof shall be given to each of the contesting candidates;](i)The allotment of any symbol by the Returning Officer to a candidate shall be final;(j)The Returning Officer shall immediately after preparation of the list of contesting candidates cause to be displayed a copy thereof on the notice board of the society and shall also supply a copy thereof each of the contesting candidates.](15)If the general meeting is adjourned for want of quorum, the list of duly nominated candidates shall hold good for the poll to be held in the adjourned general meeting.(16)The Returning Officer shall appoint as many polling officers to conduct the poll and as many tellers to count the votes as may be necessary.(17)A register shall be kept at the place of the meeting and every member that attends the meeting shall sign in such register before he enters the place of the meeting.(18)[ The Polling Officer shall issue to each voter a ballot affixing the seal of the society and putting his initials on the right hand side of it after marking a mark by indelible ink on the lip of the forefinger 3 of the voter.(19)Canvassing or soliciting votes during the conduct of elections shall be strictly prohibited within the periphery of one hundred [metres] [Substituted by notification No. F-5-18-73-1-XV, dated 7-11-73.] of the place where the poll is being held.] [Substituted by Notification No. F-S-18-73-1-XV, dated 7-11-1973.](20)[ The Returning Officer shall show the empty ballot boxes to the candidates, if any present, close and seal them leaving open the slit for insertion of ballot papers. Voting shall be by ballot and voters shall make a mark 'X' on or against the symbols of candidates whom he wishes to elect, fold the ballot papers and deposit it in the ballot box. In the case of physically disabled who requires help, the Returning Officer shall help in marking marks on the symbols of the candidates according to the desire of such voter.(21)The Returning Officer shall before taking the poll fix the hours which shall not be less than two hours during which the poll will be taken, make announcement to the effect in the general meeting and on the expiry of the hours so fixed he shall close the poll. Those voters, who though present at the place have not been able to vote for want of time, shall be given reasonable opportunity to obtain ballot papers and vote even though the time fixed for the poll has expired. After the closure of the poll, the slit of the ballot boxes shall be closed and sealed and delivered to the tellers. An account of used and un-used ballot papers shall be prepared and counter foils of used ballot papers, un-used ballot papers and marked copy of voter list shall be put in an envelope and sealed kept in the box referred to in sub-rule (24).] [Substituted by notification No. F-5-4-88-XV-1, dated 28-6-88.](22)Tellers shall arrange all ballot papers-(a)They shall reject a ballot paper after obtaining the approval of the Returning Officer-(i)if it bears signature to identify the voter;(ii)if it does not bear the seal of the society or the initials of Polling Officer;(iii)if it contains no mark indicating a vote;(iv)if it contains more marks than the number of seats to be filled.(b)A mark made in a ballot paper in such a manner that it is ambiguous to which candidate the vote is given shall be rejected;Provided that other correctly made marks, if any, on such ballot paper shall be counted.(23)[ (a) Soon after the counting of votes is over, the Returning Officer shall prepare and certify a return setting forth-(i)the number of valid votes given to each candidates; and(ii)the number of ballot papers declared to be invalid or rejected.(b)On the basis of the said return the candidates who have secured the largest number of votes shall be declared elected by the Returning Officer at the general meeting and their names published on the notice board of the society under his signature.(c)In case of equality of votes polled by two or more candidates, the lots shall be drawn in such manner as the returning officer may fix to determine the name or names of the successful candidate or candidates.](d)[ The names of the candidates elected orca-opted, as the case may be, under sub-rules (12) and (13) and a copy of the certified return prepared under clause (a) above, shall be submitted by the Returning Officer to the Registrar forthwith.] [Substituted by notification No. F-5-3-91-XV-1, dated 18-4-91.](24)[ The Returning Officer shall arrange to keep nomination papers and the Registers, referred to in sub-rules (7) and (17), the ballot papers and the return of election in safe custody in a sealed box with the Registrar or a person authorised by him in this regard. These records shall not be destroyed till the next elections of the society are held or till the final disposal of the election dispute filed under subsection (v) of Section 64, if any. The Registrar shall thereafter cause them to be destroyed in his presence or in the presence of an officer authorised for this purpose.] [Substituted by notification No. F-5-3-91-XV-1, dated 18-4-91.](25)Every member of the committee and every employee of the society shall be bound to render every assistance to the Returning Officer, Polling Officer and Tellers in the conduct of elections and shall make available every record that may be required by the Returning Officer for this purpose. The society shall arrange to provide ballot boxes, locks and keys, sealing wax, tape, ballot papers, printed or typed or handwritten, and the stationery necessary for the conduct of election to the Returning Officer. All expenditure incurred in connection with such election shall be paid by the society.(26)[ For the purposes of this rule the 'Returning Officer' means an officer appointed by the Registrar by general or special order or appointed by the committee from amongst the members of the society, as per second proviso of subsection (8) of Section 49, for performing the duties of a Returning Officer under the provisions of the Act and Rules thereunder.(27)If the Returning Officer is appointed by the Committee of the society, then information of such appointment shall be sent to the Registrar in writing within 7 days from the date of such appointment.] [Substituted by notification No. F-5-7-94-XV-1, dated 21-7-95.]
