Section 49 in The Jharkhand Agricultural Produce Markets Rules, 2000
49. Election of Vice-Chairman of the Market Committee.
- (i) The Director or any officer authorised by the Director in this behalf shall call the first meeting of the newly constituted Market Committee to elect its Vice-Chairman from amongst its members. For the purpose of the election of Vice-Chairman the Director or the Officer authorised by the Director shall preside over the meeting but shall not vote.(ii)At such meeting, a candidate for the office of Vice-Chairman shall be proposed by one member and seconded by another and the names of all the candidates proposed and seconded shall be read out by the President of the meeting.(iii)If there is only one duly nominated candidate for the office of Vice-Chairman, he shall be declared to have been elected.(iv)If there are two or more such candidates, the votes of the members present at the meeting shall be taken.(v)Every member wishing to vote, shall be supplied with a voting paper in Form XV on which the names of all the candidates for the office of Vice-Chairman shall be written. Every voting paper shall be initialled on the reverse by the President.(vi)A voter shall then place a mark against the name of the candidate for whom he wishes to vote, fold it up and deposit it in ballot box placed before the President. If a voter is unable to do so the President may mark the voting paper according to the voter's directions, and deposit it in the ballot box.(vii)The President shall then open the ballot box and count the votes in the presence of the members and declare the member who secures the largest number of votes to have been elected as Vice-Chairman. If there is an equality of votes between two or more candidates, the President shall draw lot in the presence of the members and the member whose name is first drawn shall be declared to have been elected.(viii)Any voting paper which does not contain the mark of the voter or on which the mark is placed against more than one name or the reverse of which does not contain the initial of the President, shall be invalid.(ix)Immediately after the meeting, the President shall cause the notice under Form XVI declaring name of the person declared to have been elected as Vice-Chairman, to be affixed in some conspicuous place in the office of the Market Committee.(x)The voting papers shall be sealed by the President and retained in safe custody in the office of Assistant Director, and the packet containing the voting papers shall not be opened or destroyed except under the order of the Director.(xi)[ If during the course of election of Vice-Chairman any dispute arises as to correctness or otherwise of the decision given or procedure followed by the Director, it shall be referred to the Managing Director of the Board or to any other person appointed by the Board and the decision thereon shall be final and conclusive.] [Substituted by G.S.R. 12A dated-26.9.1993.](xii)[ At any time within 15 days from the date of publication of the result i of the election of Vice-Chairman of the Market Committee held under Rule 49 (iv), any aggrieved candidate may challenge the election, by filing an election petition before the Managing Director of the Board and he after giving proper notice to the concerned parties and hearing on the legality or otherwise of the issue, shall pass an order, which shall be final and binding on the parties.] [Added by G.S.R. 12A dated-26.9.1993.]
