Section 45 in Rajasthan Co-operative Societies Rules, 2003
45. Election for the members of the Committee by the Authority.
[(i) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of elections to the following class of societies shall vest in the State Co-operative Election Authority, hereinafter referred to as the Authority, namely:-(i)all apex level societies;(ii)all central level societies;(iii)primary agricultural credit societies;(iv)farmer service societies;(v)primary land developments banks;(vi)urban co-operative banks;(vii)consumer co-operative societies;(viii)dairy co-operative societies;(ix)weavers co-operative societies;(x)housing co-operative societies;(xi)credit co-operative societies;(xii)any other society having a share capital of rupees five lakh or more; and(xiii)such other class of societies as may be notified by the Government for this purpose:Provided that the Authority may also conduct elections in societies other than those mentioned above, where a society requests it to do so or where the society does not conduct the elections in time.] [Substituted by Notification No. G.S.R. 53, dated 10.7.2017.](2)[ For the election of members and office bearers of the committee of the co-operative societies mentioned in sub-rule (1), the Authority shall appoint an Election Officer:Provided that no member or employee of the society concerned shall be appointed as an Election Officer.(3)The Elections to the members and the office bearers of the committee of a society mentioned in sub-rule (1) shall be conducted as per the provisions of the Act in the manner specified in this rule and in accordance with the bye-laws of the society.] [Inserted by Notification No. G.S.R. 53, dated 10.7.2017.](4)[] [Renumbered '(2)' by Notification No. G.S.R. 53, dated 10.7.2017.] Election to the committee shall be held from amongst the members of the general body and by the members of the general body:Provided that where the bye-laws of the society provide for constitution of a Delegate General Body, elections to the committee shall be held from amongst the members of such Delegate General Body and by the members of the Delegate General Body;(5)[] [Renumbered '(3)' by Notification No. G.S.R. 53, dated 10.7.2017.] (i) The Chief Executive Officer of a society shall send a written request to the Authority in accordance with the provisions of the Act and these rules, to conduct elections of the member(s) of the committee specifying the following details in his letter :-(a)The date on which last elections were held,(b)The date on which the term of the existing committee or members thereof, as the case may be, is going to expire,(c)The date of appointment of an Administrator [under section 30 or otherwise] [Substituted 'under section 30' by Notification No. G.S.R. 53, dated 10.7.2017.], if any;(d)In case of a newly registered society, the date of registration of the society,(e)The number of vacancies to be filled through elections,(f)Whether the bye-laws provide for constitution of a Delegate General Body or formation of wards before elections to the committee and action taken in that respect, if any;(g)Other information, as may be important for conduct of the elections;(ii)The Chief Executive Officer shall also quote the clauses of the bye-laws which are of relevance for conduct of elections, appending a complete updated set of the bye-laws to the letter;(iii)The Chief Executive Officer shall render the Election Officer all such information, assistance and facilities as may be required by him under the provisions of the Act, these rules and the instructions issued by the State Co-operative Election Authority under section 37 of the Act.(iv)It will be the duty of the existing committee to ensure that the C.E.O. renders all the information, assistance and facilities to the State Co-operative Election Authority properly and in time.:[Provided that if the bye-laws of the society do not provide a post of Chief Executive Officer, a person working in place of the Chief Executive Officer, as per the bye-laws, shall render all the information, assistance and facilities to the State Co-operative Election Authority.] [Added by Notification No. G.S.R. 53, dated 10.7.2017.](6)[] [Renumbered '(4)' by Notification No. G.S.R. 53, dated 10.7.2017.] (i) The Chief Executive Officer shall provide the Election Officer a list of members, as it stood thirty days prior to the date fixed for the poll who are qualified in accordance with the provisions of Act, rules and the bye-laws to vote at the election.(ii)The Election Officer shall publish such list by affixing it to the notice board at the Head Office of the society and all its branches for inviting objections within a week. The list shall specify the admission number, name of the eligible members and in case of individual member, name of father or husband, as the case may be, and address of such members.(iii)The Election Officer, after considering the objections received within the period specified aforesaid, shall finalise the electoral rolls and publish the same as above not less than seven days prior to the date fixed for the poll. A copy of the electoral rolls shall be supplied by the Election Officer to any member on payment of Rupees Five per folio.(7)[] [Renumbered '(5)' by Notification No. G.S.R. 53, dated 10.7.2017.] [(i) The notice of the election shall be sent by the Election Officer to the members by one or more of the following modes, namely:-(a)by local delivery;(b)by post under certificate of posting;(c)by circulation among the members;(d)by publication through beat of drum; and(e)by publication in a newspaper having circulation in the area of operation of the society;(ii)The notice of the election along with the election programme shall also be affixed on the notice board of the society and at such public places of importance as may be decided by the Election Officer.](iii)the notice shall contain information regarding -(a)the number of vacancies to be filled up by election;(b)any area or constituency that is specified in the bye-laws from which the members are to be elected;(c)the qualification if any, prescribed in the bye-laws for eligibility for membership of the committee;(d)the date on which, the place at which and the hours between which nomination papers shall be filed by member, such date being not less than three clear days before the date fixed for election, and such day not being a public holiday;Explanation. -In this clause 'public holiday' means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881 (Central Act XXVI of 1881), or any day which has been notified by the Government to be a holiday for the Government Offices in the State.(e)the date on which, the place at which and the hour when the nomination papers shall be scrutinized;(f)the date on which, the place at which and the hours between which candidature may be withdrawn by a candidate, and(g)the date on which, the place at which and the hours between which the polling shall take place.(8)[] [Renumbered '(6)' by Notification No. G.S.R. 53, dated 10.7.2017.] (i) The nomination of a candidate for election shall be in form The form shall, on application be supplied to a member on payment of Rupees Ten by the Election Officer.(ii)Every nomination paper shall be signed by two members, whose names are included in the electoral rolls. One of the members shall sign the Form as proposer and the other as seconder for the nomination. The nomination paper shall also contain a declaration signed by the candidate proposed for election to the effect that he is willing to contest the election:[Provided that no person shall contest election for more than one seat in the committee of a society; and] [Added by Notification No. G.S.R. 53, dated 10.7.2017.](iii)[ Every nomination paper accompanied with the security amount mentioned below, shall be presented in person to the Election Officer by the candidate himself or by his proposer or seconder, on the date(s) and between the hours specified in notice referred to in sub-rule (7):- [Substituted by Notification No. G.S.R. 53, dated 10.7.2017.](1)Primary Society Rs. 200/-(2)Marketing Society Rs. 500/-(3)Wholesale Bhandar Rs. 500/-(4)Primary Land Development Bank Rs. 1000/-(5)Other Central Society 1000/-(6)Central Co-operative Bank Rs. 2000/-(7)Apex Society Rs. 2500/-](iv)(a)The Election Officer shall enter on the nomination paper its serial number and certify the date and hours at which the nomination paper is received by him and also immediately acknowledge receipt of the nomination paper.((b) Nomination papers received after the date and hours fixed under sub-clause (d) of clause (iii) of sub-rule (5) shall be; rejected.(9)[] [Renumbered '(7)' by Notification No. G.S.R. 53, dated 10.7.2017.] (i) (a) The Election Officer shall take up the scrutiny of the nomination papers at the time fixed under clause (iii) of sub-rule (5). The candidates for election, their proposers or seconders may present themselves at the time of scrutiny.(b)The Election Officer, shall examine the nomination papers and shall decide all objections which may be made at the time of scrutiny and may either on such objection or on his own motion after such summary enquiry, if any, as he thinks necessary, reject any nomination for valid reasons ;Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or of the name of his proposer or seconder, or of any other particulars relating to the candidate or his proposer or seconder, as entered in the electoral rolls, if the identity of the candidate, proposer or seconder, as the case may be, is established beyond reasonable doubt.(ii)The Election Officer shall give all reasonable facilities to the contesting candidates or their authorised representative who must be a member of that society to examine all the nomination papers:(iii)The Election officer shall endorse on each nomination paper, his decision accepting or rejecting the same and, if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection.(10)[] [Renumbered '(8)' by Notification No. G.S.R. 53, dated 10.7.2017.] The list of valid nominations shall be published on the notice board of the Society on the same day on which the scrutiny is completed.(11)[] [Renumbered '(9)' by Notification No. G.S.R. 53, dated 10.7.2017.] (i) Any candidate may withdraw his candidature by notice in writing signed by him and delivered to the Election Officer by the candidate in person within the time as notified under clause (iii) of sub-rule (5). A notice of withdrawal of candidature once given shall be final.(ii)The list of contesting candidates shall be published on the notice board of the society after the time of withdrawal is over, on the same day.(12)[] [Renumbered '(10)' by Notification No. G.S.R. 53, dated 10.7.2017.] If for any area or constituency for which election is to be held, the number of candidates in respect of whom valid nomination papers have been filed does not exceed the number of candidates to be elected for that area or constituency, the candidate for whom valid nominations have been received shall be deemed to have been duly elected for the area or constituency as the case may be and the names of such candidates shall be published on the notice board of the society, after the date and time fixed for withdrawal under clause (iii) of sub-rule (5).(13)[] [Renumbered '(11)' by Notification No. G.S.R. 53, dated 10.7.2017.] If the number of candidates for any area or constituency for which valid nominations have been received exceeds the number to be elected, the Election Officer shall arrange for taking a poll on the date fixed for the purpose and he may appoint one or more polling officers, as may be necessary. In case where there are more than one polling stations, the Election Officer may appoint the Polling Officers for each polling station, if felt necessary.(14)[] [Renumbered '(12)' by Notification No. G.S.R. 53, dated 10.7.2017.] The Election Officer shall provide the Polling Officer with the ballot boxes, ballot papers, copy of the electoral rolls and such other articles as may be necessary for the conduct of the election. The ballot box shall be so constructed that ballot papers can be introduced therein but cannot be taken out therefrom without the box being unlocked:Provided that nothing contained in these rules shall debar the Authority from making use of electronic voting machines and issuing directions for use of such machines in the elections of Co-operative societies, the procedure specified herein notwithstanding.(15)[] [Renumbered '(13)' by Notification No. G.S.R. 53, dated 10.7.2017.] A candidate contesting the election may by a letter to the Election Officer, appoint an agent to represent him at every booth where polling is held. Such letter shall contain the consent in writing of the agent concerned.(16)[] [Renumbered '(14)' by Notification No. G.S.R. 53, dated 10.7.2017.] Immediately before the commencement of the poll, the Election Officer or the Polling Officer as the case may be, shall show the empty ballot box to such persons as may be present at the time and shall then lock it up and place his seal upon it in such manner as to prevent its being opened without breaking the seal. The candidate or his agent may also affix his own seal, if he so desires.(17)[] [Renumbered '(15)' by Notification No. G.S.R. 53, dated 10.7.2017.] The ballot papers shall contain the names of the candidates and the seal of the society.(18)[] [Renumbered '(16)' by Notification No. G.S.R. 53, dated 10.7.2017.] Each polling booth shall contain a separate compartment in which the members can record their votes screened from observation.(19)[] [Renumbered '(17)' by Notification No. G.S.R. 53, dated 10.7.2017.] No ballet papers shall be issued to a member unless the Polling Officer is satisfied that the member concerned is the same person as noted in the list of members furnished to him.(20)[] [Renumbered '(18)' by Notification No. G.S.R. 53, dated 10.7.2017.] On receiving the ballot paper, a member shall forthwith proceed into the polling compartment and affix the seal provided to him for this purpose by the polling officer on the ballot paper against the name or names of the candidate or candidates for whom he desires to vote and put the ballot paper in the ballot box with the utmost secrecy.(21)[] [Renumbered '(19)' by Notification No. G.S.R. 53, dated 10.7.2017.] If owing to the blindness or other physical infirmity a member is unable to mark the ballot paper, the Election Officer or Polling Officer as the case may by, shall ascertain from him the candidate or candidates in whose favour he desires to vote, affix the seal on his behalf and put the ballot paper in the ballot box :Provided that in case of a blind voter, the officer shall affix the seal in presence of an assistant of the voter, if the voter requests so in writing.(22)[] [Renumbered '(20)' by Notification No. G.S.R. 53, dated 10.7.2017.] The counting of votes shall commence immediately after the polling is completed or on the date and time fixed by the Election Officer. Votes shall be counted by or under the supervision of the Election Officer. Each candidate and his authorised agent shall have a right to be present at the time of counting.(23)[] [Renumbered '(21)' by Notification No. G.S.R. 53, dated 10.7.2017.] A ballot paper shall be rejected by the Election Officer :(a)if it bears any mark by which the member who voted can be identified; or(b)if it does not bear the seal of the society; or(c)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.(24)[] [Renumbered '(22)' by Notification No. G.S.R. 53, dated 10.7.2017.] (i) Soon after the counting of votes is over, the Election Officer shall prepare and certify a return setting forth:(a)total number of ballot papers issued;(b)the number of valid votes given 'to each candidates;(c)the number of ballot paper declared to be invalid or rejected.(ii)On the basis of this return, the candidates who have secured the largest number of valid votes shall be declared elected and their names shall be published on a notice board outside the place of counting and on the notice board of the Society under the signatures of the Election Officer:Provided that, in case of equality of votes polled by two or more candidates lots shall be drawn in such manner as the Election Officer may fix to determine the name or names of the successful candidate or candidates.(iii)[ The result of the election shall be attested by the Election Officer.] [Substituted by Notification No. G.S.R. 53, dated 10.7.2017.](25)[] [Renumbered '(23)' by Notification No. G.S.R. 53, dated 10.7.2017.] The Election Officer shall take custody of the ballot papers. Ballot Papers and other 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. All ballot papers and other election materials so, sealed and secured in a container shall be delivered by the Election Officer to the Deputy/Assistant Registrar having jurisdiction for safe custody and preservation for a period of three months from the date of the poll. They shall be destroyed after the said period of three months under intimation to the authority, if no dispute relating to or in connection with that election is referred to the Registrar.
