Section 439 in The U.P. Co-operative Societies Rules, 1968
439. [ [Substituted by Notification No. 2700/XLIX-1-94-7(1)-94, dated 15.7.94.]
(1)Notwithstanding anything contained in the bye-laws, the election of any co-operative society or societies or class or classes of co-operative societies shall be held in accordance with the provisions of the Act and the rules and the District Magistrate or the district in which the headquarter of the society is situate shall take steps to hold the election on the appointed date and for this purpose the services of any government servant or official may be requisioned by him and if any such orders have been issued by the District Magistrate in respect of any official or employee, failure to comply with such orders shall be deemed to be an offence, which if proved, shall be punishable with a fine which may extend to rupees five hundred or imprisonment which may extend to three months or with both:Provided that the authority to organise election of delegate of members of the branches of the Uttar Pradesh Sahakari Gram Vikas Bank Ltd., Lucknow shall vest in the District Magistrate in which such branches are located:Provided further that in case of societies of which area of operation extends to more than one district, an authority to organise the election of delegates of a member from the district falling within the area of operation of such society shall be exercised by the District Magistrate of the district concerned or his nominee.(2)The Election in a cooperative society or societies or a class or classes of Co-operative Societies shall be held on such date or dates as the Registrar may by order fix and the District Magistrate concerned shall, on such dates being so fixed appoint by order, one or more election officers or different election officers for different class or class of societies or for different areas for this purpose:Provided that no officer of the Department which is concerned with the management and administration of the society shall be appointed as Election Officer.(3)The Election officer shall perform all such functions as are enjoined upon him under these Rules or as may be incidental to or necessary for the discharge of his duties, but in the absence of an Election Officer any Polling Officer who has been authorised by the District Magistrate to do so, shall perform the function of the Action Officer.(4)Notwithstanding anything contained in these rules, the Election Officer for each constituency may depute a polling Officer from amongst Government servants who are not concerned with the management and administration of societies to assist him in the conduct of elections.(5)Subject to sub-rule (4), the Section Officer shall appoint as many Polling Officers as there are polling stations/booths and shall provide each of them with ballot-boxes, ballot papers, a copy of the final voters list and such other accessories as may be necessary for the conduct of elections].
