Section 11 in The Rajasthan Sports (Registration, Recognition and Regulation of Associations) Rules, 2004
11. Election procedure for Elections under section 26(3).
- Every Association covered under Chapter VII of the Ordinance, while complying with the provisions of Section 26 of the Ordinance shall follow the following procedure for its elections under Section 26(3) of the Ordinance-(1)Elections of a Sports Association shall be conducted by an Independent Election officer in presence of the Election Observer (s).(2)An Election officer would be appointed by the Executive Body of a Sports Association or by an office-bearer authorized to appoint him under its bye-laws after getting it approved by the Registrar. Name, address and contact numbers of such Election officer shall be communicated in the Notice issued for elections.(3)Such an Election officer shall be transparently independent, shall not have ever accepted any fee, remuneration or assignment from the Association and shall not be a voting or non-voting member of the Association or any of its affiliated units and must possess experience of conducting elections of either a co-operative body, a Municipal or Panchayat Institution or any other Constitutional Body.(4)Nomination shall be received by the Election officer at a notified time and place. He shall provide a duly numbered receipt thereof. He may take the assistance of the Sports Association whose elections he is conducting.(5)The venue of the elections shall be decided by the Executive Body of the concerned Association or by a person authorized in the bye-laws of that Association.(6)Venue for the Elections of a State Level Sports Association shall not be below a District Headquarter and for a District Level Sports Association, not below a Municipal or Panchayat HQ and shall be in a public place. A private residence or a private campus shall not be used for the purpose of conducting the elections. However, a venue other than a District or Municipality/Panchayat HQ, as the case may be, can be fixed with the prior permission of the Registrar.(7)On a representation being made to him. if the Registrar is satisfied at any stage after the issue of notice of elections that the appointment of the Election officer is not in accordance with sub-rule (3), the Registrar may cancel the appointment and appoint an officer subordinate to him to act as the Election officer. Similarly, if the venue of an election is in contravention of sub-rule (6), the Registrar, on being satisfied on the basis of a representation made to him, may change the venue.(8)If an action is taken by the Registrar under sub-rule (7), he may postpone the date of election by a minimum of 15 days and give a notice thereof to all the voting and non-voting members and endorse it to the Secretary of the Sports Body concerned who shall endorse it to all the members. The endorsement issued by the Secretary shall be treated as the amended notice of elections. Any failure to issue the endorsement would be a ground for appointing an Ad-hoc Executive Committee for free and fair conduct of elections.(9)Elections of the Sports Association shall be held in accordance with the bye-laws of that Sports Association, in an Annual General Meeting, subject to the provisions of these rules and the provisions of the Ordinance.(10)No election shall be valid, if held in the absence of election Observer(s) as provided for in the Ordinance, or without possessing a valid Certificate of Registration at the time of Elections. Such an invalid Election would be a ground for appointment of an Ad-hoc Executive Committee for the purpose of conducting proper Elections in accordance with the provisions of the Ordinance and these Rules.(11)The Election officer shall issue a separate notice of election at least 21 days in advance, accompanied by the name, address and telephone contact number of the Election officer, Voter's list and a copy of the audited accounts of the Association for the previous financial year.(12)Election notice shall be sent through registered post/speed post to the members along with the Voter's List. Services of a Courier Services may be used in addition.(13)[Not printed in Gazette.](14)A copy of the Voter's List shall also be sent to the Rajasthan State Sports Council or as the case may be, to the District Sports Council. Voter's List of the eligible voters shall be prepared by the Secretary as per his record and he would get the same approved by the Executive Body either in a meeting or by circulation before the issue of notice for the elections and shall get it vetted by the record of the Rajasthan State Sports Council in order to secure the compliance of Section 26(4) of the Ordinance. After the list has been vetted by the Council concerned, the List shall be prominently displayed at its office Notice Board and shall be submitted to the Election officer to be circulated along with the notice of elections.(15)A list of persons eligible to contest the elections in accordance with Section 26(4) of the Ordinance shall be applied for by the Association to the Rajasthan State Sports Council or District Sports Council, as the case may be and such a list shall be made available by the Association to the voting members along with the notice of Elections.(16)Objections, if any, shall be given in writing to the Election officer within seven days from the receipt of election notice with a copy to the Rajasthan State Sports Council and the Registrar.(17)Election officer shall consider such objections on the basis of the record of the Association and the Rajasthan State Sports Council/District Sports Council and shall give his verdict in writing after getting it approved by the Council concerned and shall publish a final Voter's List and List of persons eligible to contest the elections at least 7 days before the date of the elections.(18)Authorisation Letters (proxies) in Form III may be submitted to the Election officer. The Authorisation letter shall carry the signatures of all the office bearers of the Sports Association concerned and shall have the seal of the Association affixed on it, a photograph of the person representing, and shall be supported by a Resolution of the Executive Body of that Association. In the absence of an Authorisation letter or a proper Authorisation letter, only the Secretary of the member Association shall be permitted to represent the member Association. Authorisation letters shall be handed over to the Election officer before the commencement of the AGM.(19)Identification of the person representing shall be done on the basis of an attested photograph appended to the Authorisation letter.(20)In the Annual General Meeting of an Association, Elections shall always be the last agenda.(21)An AGM having Elections as one of the Agendas cannot be adjourned except for want of quorum. The Quorum for holding Elections shall be one half of the total valid membership of the Association.(22)The Authorisation Letter (proxies) may be submitted in the format prescribed in these rules on the letterhead of the affiliated Association. The Election officer shall allow or disallow the Proxy after satisfying himself as to the validity of the Proxy with the consent of the election Observer(s).(23)All Nominations have to be supported by at least 2 member Associations, one as a proposer and another as a seconder.(24)Procedure for receiving Nominations-An office Bearer of an affiliated Association may submit a Nomination Form in Form II for himself as a candidate or any Hony. Secretary of an affiliated Association may submit a Nomination form as a proposer for another eligible person as a candidate to the Election officer anytime after 7 days of the issue of the Notice of elections in the format prescribed under these Rules at a place which shall be specified by the Election officer. If the Nomination Form is submitted by the candidate himself, it shall be supported by a member as a proposer and another as a seconder. If the Nomination Form is submitted by a proposer, it shall carry the consent of the candidate and be supported by another member as a seconder. On behalf of the members, the signature for proposer shall be by the Hony. Secretary of an Association and the signature for seconder have to be by either the Hony, Secretary of a member Association or the Authorised representative (Proxy) of a member Association. One affiliated member Association can Nominate or act as a proposer or seconder for only one person for one post.After receipt of Nomination form, the Election officer shall decide whether the Nomination form is valid or invalid on the basis of the Record of the Association and the record of the Rajasthan State Sports Council/Districts Sports Council which he must have in order to satisfy the requirement of Section 26(4) of the Ordinance. Nominations shall be received up to 3 days before the elections up to 9 P.M.Example. - if the elections are on 15th December, Nomination Forms can be received up to 9 P.M. of 12th December.(25)A Scrutiny for checking the validity of the Nominations may be done by the Election officer in the presence of the office bearers, Observers and contestants on the next day after the Nominations close. Notice of scrutiny must be given to all contestants at least 12 hour's in advance. The Scrutiny shall be done at a place notified by the Election officer and shall be either at the place where the Nominations have been received or near the venue of the elections.(26)Withdrawal of Nominations shall be permitted up to 9 P.M. on the day before the elections at a place which the Election officer shall notify in advance.(27)Elections shall be conducted by Secret Ballot. The Ballot shall be prepared by the Election officer in respect of the posts for which more than one valid nominations have been received.(28)A single ballot paper would normally be used in respect of all the posts being contested. All voting would be done simultaneously.(29)Procedures for elections to all the posts including the post of office Bearer would be the same.(30)There shall be no co-option to any post. All the posts shall be filled up by way of elections.(31)In case of any dispute, the decision of the Election officer, arrived at with the consent of the Observer(s), shall be final.(32)On conclusion of the Elections, the Election officer shall issue a certificate in accordance with the provisions of Section 13(2) of the Ordinance (Appendix III).
