Section 21B in Andhra Pradesh Co-Operative Societies Rules, 1964

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State of Andhra Pradesh - Section

Section 21B in Andhra Pradesh Co-Operative Societies Rules, 1964

21B. Preparation of list of defaulters and its publication.

(1)It shall be the responsibility of the Chief Executive Officer of the society to issue notices to all defaulters at the beginning of each half-year indicating the loan disbursed, amounts overdue, repaid and balance overdue (Principle & Interest separately) and indicate the date before which they should repay failing which their names shall be included in the list of defaulters published and will be placed before the ensuing General Body.

(2)The Managing Committee before convening the General Body shall finalise the list of defaulters in descending order of the amount due and place it on the notice board of the society and at its branches and the names of defaulters shall be read out in the General Body with amounts due by them."Also provided that if any member of the Managing Committee or the Board is a defaulter the Chief Executive Officer of the society or Chairman where there is no Chief Executive Officer shall inform the Registrar immediately so that the Registrar would take necessary action as per the Act and Rules.[22. Conduct of Elections to the Co-operative Societies. - Notwithstanding anything in the bye-law of the societies election to the committee of all classes of societies, shall be in the manner laid down in this rule.] [Substituted by G.O.Ms.No. 15, Agriculture & Coop. (Co-Operative IV), dated 15-1-2002.]

(1)

(a)The incumbent Managing Committees shall themselves conduct and hold elections to societies which are not in receipt of State aid as specified under Section 43 of the Andhra Pradesh Cooperative Societies. Act, 1964 as per the procedures laid down in their bye-laws well before the expiry of the term of the existing Managing Committees. Such societies, if they so desire may request the Registrar of Cooperative Societies to conduct elections in which case the Registrar of Cooperative Societies shall conduct the elections as per bye-laws and for which purpose the society shall pay the fee as prescribed in [Rule 48] [Substituted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005. ] of the Andhra Pradesh Cooperative Societies Rules, 1964. The request to Registrar of Cooperative Societies shall be made at least sixty (60) days before the expiry of the term of the committee and the Registrar of Cooperative Societies shall hold elections before the expiry of the term of the Managing Committee.

(b)In the case of the societies that are in receipt of state aid as specified under Section 43 of the Act, the Registrar shall hold elections to them before the expiry of their term of the committee subject to the provisions in these rules schedule and regulations that the government may make from time to time.

(2)[Appointment of Election Officers:] [Substituted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.]

(a)The Registrar and the Collector of the District shall be the election authority for the society or class of societies and the election officer shall be from the class of officers specified in the Table below.

Table

	Election Authority	Election Officer	Class of Societies
1.	Registrar	1. Officer of the Cooperative Department not below the rank ofDeputy Registrar (2) Any Gazetted Officer	1.Societies specified in Section31(3)(a) of Andhra Pradesh Cooperative Societies Act, 19642. Any society to be so specified by the Govt.
2.	District Collector of the District in which Head Office ofsocieties is situated	Any employee of the Government	All other classes of societies in the District except thosespecified under Item (1) and (2) above

(b)The Election Authority shall appoint an Election Officer for each society at least forty five (45) days prior to the expiry of the term of the Managing Committee for the purpose of conducting the elections. [The Election Authority shall issue a notification fixing the Election Schedule and date of poll separately] [Inserted by G.O.Ms.No. 324, A&C (Coop. IV) Department dated 29-7-2005.]. [The fixation of Election Schedule] [Substituted for 'The Election Schedule' by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.] shall be as prescribed below.

(i)The Election Officer shall issue the communication of election and requisition for production of records and voters list [of the society stipulating a time schedule for fulfilling the requisition] [Inserted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.] to the society within three days from the date of receipt of his/her appointment orders.

(ii)[ The Chief Executive Officer or President of the Society where there is no Chief Executive Officer shall prepare and publish the list of members eligible to vote within seven (7) days after receipt of the communication from the election officer. It shall indicate the SI. No., [General Number] [Substituted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.], Name of Member, Father's name, Village/Locality, Age, Community, Sex (Male/ Female).

[Provided that in respect of Primary Agricultural Co-operative Credit Societies, Large Sized Co-operative Societies, Farmers Service Co-operative Societies, and Co-operative Rural Banks, the list shall be prepared Revenue village-wise and territorial Constituency wise as indicated in Rule 22-A(3)(a).] [Added by G.O.Ms.No. 324, A&C (Coop. IV) Department dated 29-7-2005.]

(iii)The Chief Executive Officer or President of the society shall invite the claims or objections from the members within seven (7) days thereafter.

(iv)The Chief Executive Officer or President of the society shall communicate the [x x x] [The word 'final' omitted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.] list of members eligible to vote to the Election Officer [on the date specified by the Election Authority] [Substituted for 'with in three (3) days thereafter' by G.O.Ms.No. 324, A&C (Coop. IV) Department dated 29-7-2005.].

(v)A copy of the list shall be supplied to any contesting candidate on payment of actual cost as may be fixed by the society.

(vi)[ After receipt of the final list of members eligible to vote from the society, the Election Officer shall verify the cases and satisfy himself that the list conforms to the criteria for eligibility to vote as laid down under the Act and Rules. [If there are any omissions or commissions noticed while scrutinizing the list, the Election Officer shall refer the same to the Chief Executive Officer or the President of the Society for rectification. After such rectification, the Election Officer shall publish the final list of the voters along with the schedule as prescribed in Form I.] [Substituted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.]

(vii)The Election Officer shall receive nominations in the prescribed Form-II at the specified place, date and time.

(viii)The Election Officer shall scrutinise the nominations on the next day and publish the same by display on the notice board of the society.

(ix)The Election Officer shall allow withdrawal of the nominations by the candidates upto 5.00 PM of the following day on which the valid nominations are published.

(x)The Election Officer shall publish the final list of contesting candidates on the day of withdrawal, after expiry of time allowed for withdrawal of nominations [along with the symbols allotted] [Added by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.].

(xi)The Election Officer shall hold the poll within a period of seven (7) days thereafter.

(xii)Repoll shall be held if necessary within two days thereafter. No fresh nominations shall be allowed unless repoll is on account of the death of contesting candidate in which case on receipt of intimation of death of a candidate, the election officer shall call for fresh nominations from candidates. He shall allow two (2) days for receipt of nominations, scrutiny and withdrawal. Then conduct the repoll within two days thereafter.

(xiii)[ Counting shall take place immediately after the close of poll or re-poll as the case may be, as may be notified by the Election Authority and results shall be declared immediately on completion of counting.] [Substituted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.]

(xiv)The Election Officer shall call for nominations for the other [office bearers like President, Vice President] [Substituted for 'office bearers like Vice-President' by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.], Secretary etc., within three (3) days thereafter.

(xv)Scrutiny of the nominations shall be made in the morning of the day notified for the purpose and the valid nominations shall be published forthwith not later than 12 noon on the same day.

(xvi)Withdrawals shall be allowed on the same day till 2 PM and the final list of nominations shall be published by 2.30 P.M. on the same day.

(xvii)Voting for the office bearers shall be held on the same day from 3, to 5 PM and the results declared after counting is over on the same day.

(3)

(a)The Election Officer shall issue the notice of general meeting to all the members for conduct of elections by one or more of the following methods namely;

(i)Circulation of Pamphlets among the members.

(ii)Publishing in the local print media.

(iii)Proclaiming through beat of Tom-Tom or announcement on Loud Speakers;

(iv)Notice of the general meeting shall also be affixed on the notice board of the Head Office of the society and all its branches if any.

(v)Publishing in such public places of importance such as Gram Panchayat, [Mandal Revenue Office, Mandal Parishad Office, Municipal Office] [Inserted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.] and also the places where polling is proposed to be held.

(b)The cost of publication of this notice shall be borne by the society.

(4)Nominations of Candidates :(a) Nomination for candidature shall be made in Form-II. A candidate may file two nomination papers.Provided that a candidate for constituency may be a person whose name is included in the voters list of any constituency and the proposer and seconder shall be persons whose names are included in the voters list of that constituency only.

(b)Every nomination shall be signed by one proposer and one seconder who shall be eligible members on the voters list. A member can either propose or second one candidate only.

(c)Every nomination paper shall be presented in person by the candidate himself and by his proposer or seconder to the election officer or the person authorised by him in this behalf before [Time specified on the appointed date in the notice of election] [Substituted by G.O.Ms.No. 324, A&C (Coop. IV) Department dated 29-7-2005.] along with declaration in Form-II and fees, as indicated in the Table below which is non-refundable. The members claiming to be Scheduled Caste/Scheduled Tribes /Backward Class shall produce the caste certificate issued by [competent authority] [Substituted for the competent Mandal Revenue Office' by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.], [The nominations shall be received on a day which is not a Public Holiday] [Added by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.].

[Table] [Substituted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.]

Sl.No.	Class of Society	Nomination Fees prescribed(in Rupees)
		SCs	STs	BCs	Others
1.	For village level societies and Primary Agricultural CreditSocieties (and all other Primary Societies)	100	100	200	400
2.	For Urban Banks and other Central Societies	200	200	400	1000
3.	District Level Societies and Apex level Societies]	400	400	800	2000

(d)The Election Officer shall receive the nomination paper and shall give the acknowledgement detaching it from the Form-II. He shall also enter on the nomination paper Si. No. and date and hour at which the nomination paper is received by him and shall immediately give the written acknowledgement for the receipt of the nomination papers. The acknowledgement shall also bear the seal of the society.

(e)The Election Officer shall at the close of the time fixed for the receipt of nomination papers prepare and display on notice board of the society, a list of nominations received by him in Form-III

(5)Scrutiny of nomination papers. - (a) On the date and time fixed for scrutiny of nomination papers, the Election Officer shall at the appointed hour take up the scrutiny of the nomination papers. The candidate and his proposer or seconder are eligible to be present at the time of scrutiny. Absence of candidate or his proposer or seconder will not render the nomination invalid purely on grounds of non presence.

(b)The Election Officer shall scrutinise the nomination papers candidate-wise and shall decide all objections made if any or suo-motu enquire of eligibility as he thinks necessary.

(c)The nomination of candidate shall not be rejected on the ground of incorrect spelling of name or the name of the proposer or seconder or any other particulars relating to them as entered in the list of eligible voters, if their identity is otherwise established beyond reasonable doubt.

(d)The Election Officer shall endorse on each nomination paper, his decision accepting or rejecting as the case may be and if the nomination paper is rejected he shall record in writing his reasons in brief for such rejection.

(e)[x x x] [Omitted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.]

(f)Immediately after scrutiny is completed he shall publish list of valid nominations received in the Form-1 V as appended to these rules and those rejected in Form-V as appended to these rules on the notice board of the society containing the names in the alphabetical order in Telugu [x x x] [The words 'starting with surname or family name' omitted by G.O.Ms.No. 324, A&C (Coop. IV) Department dated 29-7-2005.], [as indicated in the nomination form] [Added by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.].

(6)Withdrawal of Nominations. - Any candidate may withdraw his candidature by notice in writing in Form VI as appended to these rules signed by him and delivered in person to Election Officer within the period prescribed in the Election Notice. Such notice of withdrawal once given [shall be final and irrevocable] [Substituted for 'shall be irrevocable' by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.].

(7)Final List of valid nominations. - Final list shall be prepared and published in alphabetical order in Telugu in Form-VII duly allotting symbols to each candidate. Under the Telugu name the name in English or Urdu language as the case may be shall also be written.

(8)[The ballot papers shall be prepared in Form-VIII as appended to these rules in consonance with sub-rule (7).] [Substituted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.]

(9)Voting and Declaration of Results. - [(a) If the number of the candidates whose nominations are valid does not exceed the number of vacancies to be filled by election, the election officer shall declare them to have been duly elected as managing committee members on the date and time on which the final list of valid nominations are published. If for any area or constituency for which election is to be held, the number of candidates whose nomination papers have been declared valid, does not exceed the number of candidates to be elected for that area or constituency the Election Officer shall forthwith declare them to have been duly elected. The term of the office of such candidate shall be reckoned from the date of declaration of elections as notified by the election officer in Form-I or publication of final results by the election officer. If the number of candidates, whose nominations are valid exceeds the number to be elected for any area or constituency, the election officer shall arrange for conducting a poll at the place on the date and time and at the place fixed for the purpose.] [Substituted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.]

(b)A candidate contesting the election, may, by a letter to the election officer, appoint an agent to represent him where polling is held. Request for appointing agents shall be made in Form-IX. The agent as well as the candidates shall be given a pass, which will authorize the candidate and the agent to enter polling booth and counting centre. The pass for the agent will be valid for the booth allotted to him and he is prohibited to move from booth to booth or canvassing within 200 mts of the premises where the booth is located. On the date of polling where polling is held in more than one booth a candidate will be permitted to appoint his agent to be present in the booth to assist the polling officer in identification of voters. Such an agent will not be allowed to move from one booth to the other and such an agent shall display his pass on his person during his presence in the booth. The candidate and his agent, if any, shall always display their pass on the person during the entire process of election.

(c)Canvassing of votes by any person on the date of poll at the place where elections are to be conducted shall be prohibited. The Election Officer shall determine the limits 200 mts. or more from the booth for prohibiting canvassing as per the public exigency and law and order situation and announce it or get it announced before commencement of the poll.

(d)The requirement of number of booths and number of voters allotted to each booth be determined by the competent election authority.

(e)Election Officer may appoint as many officers to conduct the poll as necessary but there shall be one presiding officer and two polling officers per booth such that

(i)One Polling Officer will identify and verify the voters list.

(ii)One Polling Officer will apply indelible ink on the middle finger of the left hand [or as directed by the Registrar as the case may be] [Inserted by G.O.Ms. No. 356, A&C (Coop. IV), dated 5-9-2005.] and issue Ballot Paper to the voter.

The Presiding Officer shall conduct all the proceedings at the booth, i.e., preparing and sealing of boxes, custody and maintaining records at the booth, as well as safety of election material, i.e., ballot paper and boxes after polling and ballot boxes till they are delivered to the Election Officer.

(f)A booth shall contain a separate compartment or compartments in which the voters can record their votes in secrecy. The voter after affixing his vote shall put into the ballot box which shall be so placed to be under the constant attention of the Presiding Officer.

(g)Immediately before the commencement of the poll, the election presiding officer shall show the empty ballot box to such persons as may be present at the time and shall then lock it up and affix his seal in such manner as to prevent its being opened without breaking the seal. The candidate or his agent may also affix, his signature on the seal, if he so desires.

(h)Every voter who desires to exercise his right of vote shall be supplied with a ballot paper, which may be either printed, typed or cyclostyled. The ballot paper shall bear the seal of the society and also the [signature of the Presiding Officer] [Substituted for 'signature of the Election Officer' by G.O.Ms. No. 356, A&C (Coop. IV), dated 5-9-2005.]. The ballot paper shall be in form-VIII as appended to these rules;

(i)Every voter who desires to exercise his vote shall be allowed to do so on proof of his identity such as photo identity card, given to him by the society. If the Polling officer is satisfied about the identity of the member with reference to eligible list of voters and if there is no objection from any candidate or his polling agent present at the polling station, he shall direct the member to put his signature or thumb impression in the election attendance register kept for this purpose at booth and then he shall issue a ballot paper to him. On receipt of such ballot paper, the voter shall proceed to the polling compartment set apart for the purpose and affix the [Swastik Mark] [Substituted for 'mark X' by G.O.Ms. No. 356, A&C (Coop. IV), dated 5-9-2005.] against the person or persons in whose favour he exercises his vote by inscribing or affixing a [Swastik Mark] [Substituted for 'mark X' by G.O.Ms. No. 356, A&C (Coop. IV), dated 5-9-2005.]; in the space provided in the ballot paper [against the symbol] [Substituted for 'against the name' by G.O.Ms. No. 356, A&C (Coop. IV), dated 5-9-2005.] of the candidate or candidates, as the case may be, and then fold the ballot paper and put the ballot paper in the ballot box kept for the purpose ensuring with utmost secrecy. If owing to blindness or other physical infirmity or a voter is unable to inscribe the mark on the ballot paper, the presiding officer, and where no such presiding officer is appointed, the election officer shall ascertain in secrecy from him the candidate or candidates, in whose favour he desires to vote, inscribe the [Swastik Mark] [Substituted for 'mark X' by G.O.Ms. No. 356, A&C (Coop. IV), dated 5-9-2005.]; on his behalf and put the ballot paper in the ballot box.

(j)

(i)Every voter, whose name is entered in the list of voters/delegates eligible to vote, furnished to the polling officer, is entitled to cast his vote, unless there is a successful challenge by the candidate or his agent against his identity. If there is any challenge regarding the identity of the voter such a voter or if the polling officer feels any reasonable doubt, he shall bring the matter to the notice of the election officer or presiding officer who shall make a summary enquiry and decide the question with reference to the books of the society.

(ii)The Election Officer [/Presiding Officer] [Inserted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.] shall not entertain any challenge by a candidate or his polling agent, of a voters identity until the person who challenges pays a fee of Rs.10/- (Rupees Ten only) in cash for each challenge at the time of making a challenge. If challenge is made, the Election Officer or Presiding Officer shall entertain the challenge and ask the member who has come to vote to affix his thumb impression or signature, as the case may be on a declaration form describing his identity in the form as at Form-X(A). If the voter refused to do so, he shall not be allowed to vote. On making of the declaration, the election officer or presiding officer shall conduct summary enquiry, as a result of such summary enquiry, the identity of the voter is established to the satisfaction of the election officer or presiding officer, he shall direct the polling officer to issue ballot paper on entering his decision in Form-X(A) and the voter then shall be allowed to vote. If challenge is successful the fees paid shall be refunded. At the end of the poll, the Election Officer [/Presiding Officer] [Inserted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.], shall render an account of challenge fees collected, fees refunded to the persons who challenged and the fees forfeited to the society.

Tendered Ballot Paper. -

(iii)If a person representing himself to be a particular voter applies for a ballot paper, and it is found that another person has already voted as that particular voter, the Presiding Officer [/Election Officer] [Inserted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.] may put such questions relating to his identity and if he is satisfied as to the identity of the voter, then such person will be entitled to receive the ballot paper after signing his name against the entry relating to him in a Form-X (B). This will be called a tendered ballot paper. The tendered ballot paper shall be serially the last in the bundle of the Ballot Papers issued for use at the polling station. The Presiding Officer z[/Election Officer) shall endorse on the back of ballot paper with his own hand writing with words "Tendered Ballot Paper" and then sign. The voter may then mark the tendered ballot paper in the voting compartment and the ballot paper shall be given to the Presiding Officer [/Election Officer] [Inserted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.] who shall place it in a cover specially kept for the purpose.

(iv)If at any stage of the polling, the proceedings are interrupted obstructed by any riot or affray or if at such election it is not possible to take poll for any sufficient cause, the election officer shall have power to stop the polling, after recording his reasons for such an action. The Election authority shall fix date and time for repolling.

(k)No voter shall be admitted after the hour fixed for the polling, but a voter who enters the premises where ballot papers are being issued before the close of the polling hour shall be issued a ballot paper and allowed to vote. After completion of poll the Presiding Officer shall furnish the Ballot paper Account in Form-XI to the Election Officer.

(l)The counting of votes shall take place immediately after close of the poll at the polling booth itself If however there are more than one polling station or where polling booths are at different locations, then at the end of poll the ballot boxes shall be brought to a common counting center and counting shall take place on the next day. In such cases sealed ballot boxes shall be brought to the counting centre by the presiding officer and-deposited in the safe custody. The election-officer shall then announce to the candidates or their agents present, the time and place at which the counting shall commence next day. 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. But the absence of any candidate or his agent at the time of the counting shall not vitiate counting or announcement of result by the election officer. If for any reason it is not possible to commence or continue the conduct of the counting of votes, the Election Officer shall fix another appropriate date, time and place for counting.

(10)General. - (a) At counting, a ballot paper shall be rejected as invalid, by the election officer, if:-

(i)it bears any mark or writing by which the member who voted can be identified; or

(ii)it does not bear the seal of the society and the [signature] [Substituted for 'initial' by G.O.Ms. No, 223, A&C (Coop. IV), dated 27-6-2005.] of the election officer; or

(iii)the mark indicating the vote thereon is placed in such manner as to make it doubtful to know to which candidate the vote has been cast; or is so damaged or mutilated that its identity as a genuine ballot paper cannot be established.

(b)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 entail any of those candidates to be declared elected, the election officer shall forthwith proceed with the drawal of lots and the candidate on whose name the lot falls, will be deemed to have received an additional vote and the election officer will declare him elected. The list of successful candidates in the election shall be listed out in Form-X11 and a copy of this form shall be given to each elected person.

(c)The Election Officer shall immediately thereafter, record the proceedings of the election in the diary and this diary shall be a part of the minutes book of the society, which shall form part of the records of the society and these will be sent to the society by the Election Officer. A copy of this diary together with a copy of the Form-XI of the result of polling shall also be submitted by the election officer to the Registrar and Election Authority.

(d)The Election Officer shall, immediately after the election are over remit the nomination fees, challenge fee, sale proceeds of voter list into the account of the society.

(11)Election of President. - Notwithstanding anything contained in the bye-laws of the society, the election of the President of all classes of Primary societies shall be by [all the members of the Managing Committee of the Society] [Substituted for 'all the members of the Society' by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.] as provided under sub-section (5) of Section 31 of the Act.

(12)Election of Office Bearers. - (a) The election of office bearers of the society shall be held in the registered Head Office of the society. As soon as the members of the managing committee have been elected, the election officer, notwithstanding anything in the bye-laws of the society issue a notice, convene a meeting of the newly constituted Managing Committee for the purpose of election of [President or Vice-President, Chairman or Vice-Chairman] [Inserted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.] Secretary or other office bearers of the society, by whatever name they are called. This meeting shall be held not later than three (3) days from the date of election of the managing committee. The proceedings of such election of other office bearers shall be recorded in the minutes book of the society.

(b)The procedure for conduct of election of the office bearers shall be as follows:

[The Election Officer shall issue a notice in Form-XIII to all the directly elected members of the Managing Committee] [Substituted for 'The Election Officer shall issue a notice in Form-XIII to the directly elected President and all members of the Managing Committee' by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.] calling up on them to elect the office bearers of the society. This notice shall specify the mode and programme of conduct of elections. On the appointed day, between the hours of 9:00 to 11:00 hrs., nominations [in Form XIV] [Inserted by G.O.Ms.No. 354, A&C (Coop. IV) Department dated 5-9-2005, w.e.f. 13-9-2005.] shall be received. The nominations shall have a proposer and seconder who shall be from the other elected members of the Managing Committee. At 11:30 AM, the Election Officer shall scrutinise the nominations and put up on the notice board of the society the list of valid nominations. The withdrawals shall be permitted between 12:00 to 14:00 hrs. Notice of withdrawal [made in Form XVIII and] [Substituted for 'shall be made in Form VI and' by G.O.Ms. No. 356, A&C (Coop. IV), dated 5-9-2005.] presented to the Election Officer in person by the candidate. Final list of contesting candidates shall be published at 14:30 hrs., by the Election Officer. The polling shall take place between 15:00 to 17:00 hrs., and counting shall commence at 17:30 hrs., and results declared forthwith.[The election officer shall preside over such meeting. The quorum for the meeting shall be the majority of the members of the managing committee. If there is no quorum the election officer shall adjourn the meeting to the next day. In the adjourned meeting also if there is no quorum, the members present shall constitute the quorum.] [Added by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.][Provided that the prescribed Formats from XV to XXI are to be used in the elections to the office bearers, as are applicable from the stage of receipt of nominations to withdrawal of nominations.Provided further that ballot paper as prescribed in the Form XX shall be used for the purpose of conduct of election to the office bearers.] [Added by G.O.Ms. No. 356, A&C (Coop. IV), dated 5-9-2005.]

(13)Custody of Record of Elections Conducted: After declaration of the election result, the election officer shall hand-over the entire record including ballot papers put in sealed covers to the Divisional Cooperative Officer in the case of primary societies and the District Cooperative Officer in case of other societies. The record shall safely be preserved by the Divisional Cooperative Officer or by the District Cooperative Officer for a period of six (6) months from the date of election or till such time a dispute or an appeal thereof regarding elections, if any, filed is disposed of, whichever is later, and shall thereafter be destroyed after obtaining permission from the Registrar.

(14)Election Expenses: Every society shall bear the total expenses incurred for conducting of elections and those societies, where Registrar conducts the election the expenses will be as prescribed by the Government or by the Registrar of Cooperative Societies from time to time. Where the Registrar conducts the elections, the Registrar shall calculate the expenses for the election and call upon the society to make payments within a period of forty five (45) days in advance.[22(A)(1). Constitution of Committee of certain societies. - The constitution of the committee of the societies notified under clause (b) of sub-section (1) of Section 31 as specified in the proviso thereunder shall be constituted with the number of members as indicated in the Table below.] [Substituted by G.O.Ms.No. 15, A&C (Co-Operative IV), dated 15-1-2002.][Table] [Added by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005. ]

Sl. No.	Class of Societies	Total No. of Seats	SCs	SCs (W)	STs	BCs	OCs	OCs(W)	By Nomination
	Primary Agricultural Co-operative Societies including LargeSized Co-operative Societies Rural Banks and Farming Societies	13	1	1	1	2	7	1
	(i) Nomination of one representative of minority community bythe Registrar	2
1.	(ii) Nomination of one representative of minority community bythe Registrar	1
	(iii) Nomination of two official representatives to benominated by the Registrar	2
	Total	18	1	1	1	2	7	1	-
	(i) Farmers Service Co-operative Societies	13	1	1	1	2	7	1	-
	(ii) Nomination of Managing Director by Registrar	1
	(iii)One representative of Financing Bank to be nominated bythe Financing Bank	1
2	(iv) Official representative to be nominated by the Registrar	1
	(v) Nomination of two women members by the Registrar	2							2
	(vi)Nomination of one representative of minority community bythe Registrar	1							1
	Total	19	1	1	1	2	7	1	3
3.	Co-operative Central Banks(A) Territorial societiesconsisting of Primary Agricultural Co-operative Societies,Rural Banks, Large Sized Co-operative societies, Farmers ServiceCo-operative Societies	16	3	-	1	2	10	-	-
	(B) FunctionalSocieties, Societies other than those in Group-A Theemployees Cooperative Credit Societies not to contest for morethan one seat	5	1	-	1	2	1	-	-
	(C) Official representative to be nominated by Registrar	2	-	-	-	-	-	-	2
	(D) [ 2 ("No) subject experts to be nominated by the Registrar [Inserted by G.O.Ms.No. 416, A&C (Coop. IV), dated 9-11-2005, Published in Andhra Pradesh Gazette RS to Part II (Ext.), dated 11-11-2005.](i)One expert in the field of Agriculture/ Horticulture and allied Areas, from among the Professors/Retired Professors of Agricultural University, Retired Additional Directors of Agriculture OR Animal Husbandry OR Horticulture OR a person with professional degree in Agriculture or allied subjects with renowned experience in the said field[or progressive former]	1							1
	(ii) One qualified Chartered Accountant with experience of notless than ten years in the field of Audit or Banks or a Bankerwith not less than ten years experience in the cadre equivalentto Chief Manager (Scale IV) OR above or a Nationalized Bank.	1							1]
	Total	[25] [Substituted by G.O.Ms.No. 416, A&C (Coop. IV), dated 9-11-2005]	4	-	2	4	11	-	[4] [Substituted by G.O.Ms.No. 416, A&C (Coop. IV), dated 9-11-2005]
	District Cooperative MarketingSocieties(A) Primary AgriculturalCo-operative Societies	6	1	-	1	1	3	-	-
	(B) Other Societies	4	1	-	-	1	2	-	-
4.	(C) Representative of District Cooperative Central Bank to benominated by Registrar of Co-operative Societies	1	-	-	-	-	-	-	-
	(D) Official representative to be nominated by Registrar ofCo-operative Societies[or progressive farmer] [Added by G.O.Ms.No. 521, A&C, dated 28-12-2005.]	2	-	-	-	-	-	-
	Total	13	2	-	1	2	5	-	-
5	Cooperative Sugar Factories(A) By members out of 8seats keptopen to all (excluding the President) one seatshall be reserved for election of small farmers in respect ofconstituency having largest number of small farmers	14	2	-	1	2	9	-	-
	(B) Employee Directors by non-seasonal employees other thanthose in common cadre working on daily wages and nominal musterrolls	1	-	-	-	-		1	-
	(C) Official Directors to be nominated by Govt.	3	-	-	-	-	-	-	3
	(D) Representative of Financing Bank	5	-	-	-	-	-	-	5
6.	Primary Milk Producers Co-operative Societies	9	-	-	-	-	7	2	-
	Primary Weavers Co-operative Societies	9	-	-	-	-	7	2	-
7.	(i) Two officialrepresentativesnominated by the Registrar						7	2	-

(2)The constitution of the Committees of all other societies shall be in the manner as indicated in the bye-laws of the respective societies subject to any notifications issued by the Government under clause (b) of sub-section (1) of Section 31 of the Act:

(3)Division of Constituencies. - (a) In the case of Primary Agricultural Co-operative Societies, such as Primary Agricultural Co-operative Credit Societies, Farmers Service Co¬operative Societies, Large Sized Co-operative Societies. Co-operative Rural Banks and to such class of societies as specified by Registrar, constituencies shall be formed on territorial basis consisting of as many groups of contiguous Revenue Villages as are equal to the number of seats to be elected [x x x] [The words 'excluding the President' by G.O.Ms No. 324, A&C (Coop. IV) Department dated 29-7-2005.]. The eligible members in the society shall be arranged separately Revenue Village-wise and general number-wise within each Revenue Village. For the purpose of carving out the territorial constituencies the village wherein the seat of the society is located shall be the starting point. The contiguous Revenue Villages which are in the North-East direction should be grouped into different constituencies with the number of voters in each such constituency being approximately equal. Any member remaining after such division shall be added to the last part. Where the number of eligible voters in a Revenue Village are to be allotted to more than one constituency, the general number shall be the criteria for dividing the electoral roll. Where the area of operation of the society is confined to a Revenue village or a part of the village, the electoral roll shall be divided into as many parts as there are members to be elected and each such part shall be a constituency and any members remaining after such divisions shall be added to the last part. The members in each such territorial constituency shall elect one member to the committee [x x x] [The words 'while the President shall be elected by all members in the electoral roll' omitted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.]. The outgoing committee shall hand-over the territorial map of the society de-marking the villages in the area of operation and also furnish the list of total territorial constituencies with the list of members village-wise to the election officer.

(b)If for any reason it is not convenient to carve out the Constituencies as above, the Registrar for sufficient reasons to be recorded in writing may permit the specific cases, division of Constituencies based on serial number in the admission register:

Provided that, in respect of other societies other than specified above, the division of constituencies shall be done by concerned election authorities or any officer authorised on the basis of serial number of the admission register:Provided further that, where there are no members belonging to Scheduled Castes or Scheduled Tribes or Backward Classes or Women in the society and there is a consequent reduction in the number of members to be elected, the electoral roll shall be divided only into as many parts as there are members to be elected after such reduction in the number and the seat or seats intended for the aforesaid castes, tribes or classes or women shall be filled in the manner specified.

(c)In the case of District Co-operative Marketing Societies, Co-operative Central Banks and Co-operative Sugar Factories where the electorate is divided into two or more categories, the members of the committee to be elected from each group shall be, elected by the voters in the respective category only.

(d)in the case of voters of Group "A" in Co-operative Sugar Factories the constituencies shall be formed on territorial basis consisting of as many groups of contiguous Revenue Villages equal to the number of seats to be elected where the number of voters are approximately equal and the committee shall be elected by the members in that constituency only.

(4)Allocation of seats: - In the case of Co-operative Societies specified in sub-rule (3), the. Election Authority shall allocate the seats of the Committee to be filled up by election of members of Scheduled Castes, Scheduled Tribes, Backward Classes, and Women. The constituencies with largest number of voters belonging to Scheduled Castes, Scheduled Tribes, Backward Classes respectively shall be allocated to these Categories. The remaining Constituencies shall be filled up by open category members. For purpose of allocating seat of the committee to be filled by women among scheduled castes and open category member the constituencies with largest number of voters belonging to women from among the constituencies allocated to scheduled castes and open competition categories shall be allocated to scheduled caste women and open category women members:Provided that in the case of Co-operative Sugar Factories the constituencies having largest number of voters belonging to small farmers shall be allocated to be filled by members belonging to that category respectively:Provided further that where in any constituency the members belonging to schedule castes or scheduled tribes or backward classes are equal, such constituency shall be allocated in the same order of preference.

(5)Co-option: - (a) Where in any society no member belonging to a category of weaker sections and women was elected to the scat reserved for that category the Election Officer shall arrange by persons elected as members of the committee for co-option before election of the office bearers of the committee, an eligible member of the society belonging to the same category of weaker sections and women to fill up the. seat reserved for that category.Provided that in the case of a Co-operative Central Bank and a District Co-operative Marketing Society where no member of the society belonging to the same category of weaker section is elected the seat may be filled up by co-option from among the members of the committee of the affiliated societies in the same group and belonging to the same category of weaker sections."(b) Any vacancy [x x x] [The words 'other than the President' omitted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.] that may arise due to non-filing of nominations or any casual vacancy that may arise during the term of office, shall be filled up by co-option by the member of the committee.

(c)Where in any society no member belonging to a particular category of weaker sections and woman was elected to the seat reserved for that category and such vacancy cannot be filled up in the manner indicated in sub-rule (5)(a) and (b), the Election Officer shall arrange for persons elected as members of the committee to Co-Operative before election of office-bearers of the committee, an eligible .member of the society belonging to the next category-of weaker sections in the order of scheduled castes, scheduled tribes, backward classes and women to fill up that vacancy. Where no member belonging to scheduled caste woman could be elected nor co-opted, an eligible member belonging to that community irrespective of sex shall be co-opted.

(d)[x x x] [Clause (d) omitted by G.O.Ms.No. 375, A&C (Coop. IV), dated 28-9-2005.]

[22AA. Nomination of two women by the Registrar. - (1) Two women members shall be nominated by the Registrar to the Primary Agricultural Co-operative Societies (including Large Size Co-operative Societies and Rural Banks) from among Self Help Group/Rytu Mitra Groups/Non-Government Organizations. However, they shall not have right to vote.

(2)The women members to be nominated as members of the Committee shall be those who take part in the activities of the societies.

(3)The Registrar shall call a shOrt listed women members, belonging to Self Help Groups/Rytu Mitra Groups/Non-Governmental Organizations in the area of operation of all the Credit Societies in the districts from the Collectors, after due scrutiny. Considering the proposals of the Collectors and other representations/relevant factors, the Registrar shall issue the orders of nomination under the provisions of sub-section (1) of Section 31 of the Act within sixty days from the date of declaration of result of elections.] [Inserted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.][22AAA. Nomination of one representative of Minority Community by the Registrar. - (1) One member from minority communities shall be nominated by the Registrar to the Primary Agricultural Co-operative Societies (including Large Size Co-operative Societies and Rural Banks) from among the members, (including Associate Members) belonging to minority communities, of the society. However such member shall not have right to vote.

(2)No member of minority community shall be nominated as member of the committee unless she/he-

(a)is a member of the society; and

(b)is qualified in accordance with the provisions of the Act to be a member of the committee.

(3)In addition to the qualifications specified in clauses (a) and (b), the member to be nominated as member of the committee shall be one who takes part in the activities of the societies as prescribed in the bye-laws.

(4)The Registrar shall call for of a short listed members belonging to minority communities of all the PACS, FSCS and other credit societies in the Districts from the Collectors. The Collectors shall furnish after scrutiny a short listed panel of eligible members belonging to minority community. Considering the proposals of the Collectors and other representations/relevant factors, the Registrar shall issue the orders of nomination under the provisions of sub¬section (1) of Section 31 of the Act within sixty days from the date of declaration of result of elections.] [Inserted by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.][22B. Mode of Election of Member of Committees of Weaker Section societies or societies having a small number of membership. - (a) The Election Officer shall notify the date and time and place of election. The election will be held in the premises of the registered office of the society. The voting of the members of the committee of the weaker section societies or societies having a small number of membership may be done by show of hands at the general meeting convened for election. The mode and the procedure will be as follows.] [Substituted by G.O.Ms.No. 15, Agriculture & Coop. (Co-Operative IV), dated 15-1-2002.]

(1)Members will be admitted into the hall or premises on production of identity and after obtaining their signature or thumb impression in attendance register from 9.0 hrs to 11.00 firs. At 11.30 hrs, the Election officer will announce the number and category of seats on the Managing Committee to be filled. For each seat/category, he will call for nominations and announce the names of the nominations received and conduct elections as detailed below:

(ii)The Election officer will read out the names of each candidate contesting and he will call upon members to express their vote by show of hands. He will record the number of votes secured by each candidate and announce it after every count.

Provided that those who have polled the maximum votes in descending order will be declared elected depending upon the number of seats to be filled.

(b)If there is any disturbance in conduct of poll then the Elections Officer shall stop the proceedings and shall send a report to the Election Authority who will then order for conduct of repoll on any other day to be specified by issue of notice. In such circumstances, where polling was disturbed or where election authority is of the view that polling by show of hands is not possible, then the Election Authority may order for conduct of election by secret ballot. In such case, the procedure prescribed in the Rules for conduct of elections by secret ballot shall be followed through secret ballot.

Notwithstanding the above, if the outgoing managing committee of the society desires to conduct elections by secret ballot, it shall request the Registrar to conduct the election by secret ballot by submitting its proposal 60 days before the expiry of the term of the managing committee and the Registrar shall conduct the election by following the procedure as given in these Rules.

(c)[ Election of office bearers: - The Election Officer shall preside over the meeting of the elected committee members, for conducting elections to the office bearers. The quorum for such meeting shall be majority of the elected members of the committee. If there is no quorum, the Election Officer shall adjourn the meeting to a date fixed by him. If in the adjourned meeting also, there is no quorum, the members present shall constitute the quorum. [Added by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.]

(i)The election of office bearers of the society shall be by show of hands.

(ii)The nomination of the candidates for elections shall be made at such meeting. The election officer shall decide the objections, if any, which may be made at the time of nomination and after making such summary inquiry as he thinks necessary, announce the names of valid nominations.

(iii)If for any office for which election is to be held the number of candidates in respect of whom valid nominations have been announced does not exceed the number of candidates to be elected to that office, candidates for whom valid nominations have been announced shall be deemed to have been duly elected for that office and the election officer shall make a declaration to that effect. If the number of candidates in respect of whom valid nominations have been announced for any office exceeds the number of candidates to be elected a poll shall be taken by show of hands and the election officer shall read out the names of the contesting candidates for that office. He shall thereafter record the number of votes polled for each such candidate ascertained by show of hands and declare the candidates securing maximum votes polled as elected. The result of elections shall also be recorded in the minutes book of the society.

(iv)After declaration of results of election of committee members and office bearers the election officer in brief shall send a report to the election authority along with results of elections.

(v)The election officer shall within a period of two days after the election of office bearers, communicate by registered post or certificate of posting under his own seal to the society to which it is affiliated, the name and specimen signature of the President of such affiliated society.

(vi)Any vacancy not filled by election on account of absence of nomination or any casual vacancy shall be filled by the Committee by co-option.]

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State of Andhra Pradesh - Section

Section 21B in Andhra Pradesh Co-Operative Societies Rules, 1964

21B. Preparation of list of defaulters and its publication.