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State of Maharashtra - Section
Section 56Z in The Maharashtra Cooperative Societies Rules, 1961
56Z. Ballot Box.- Every Ballot Box shall be of such design as may be approved by the Chief Election Officer.
|}[56A1 to 56A35. [Deleted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]***.]| 56A1. Form of ballot paper.- Every ballot paper shall be in Form M-10 and the names of candidates shall be arranged in the same order in which they appear in the list of contesting candidates. However, if two or more candidates bear the same name, they shall be distinguished by addition of their occupation or residence or in some other manner which should be determined by the Returning Officer.56A2. Arrangement at Polling Stations.- (1) Outside each polling station, there shall be-(a) a notice specifying the polling area, the voters of which are entitled to vote at the polling station and where the polling station has more than one polling booth, at each of such booth, the description of the voters allotted to such booth, and(b) a copy of the list of contesting candidates.(2) At each polling station, there shall be set-up, one or more voting compartments in which voters can record their votes screened from observation.(3) The Returning Officer shall provide at each polling station a sufficient number of ballot boxes, ballot papers, copies of the list of voters in respect of the polling area or areas, the voters of which are entitled to vote at such polling station, instruments for stamping the distinguishing mark on ballot papers and articles necessary for voters to mark the ballot papers. The Returning Officer shall also provide at each polling station such other equipments and accessories as may be required for taking the poll at such polling station.56A3. Admission to Polling Station.- The Presiding Officer shall regulate the number of voters to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than,-(a) Polling Officers;(b) Public servants on duty in connection with the election;(c) Persons authorised by the Chief Election Officer, District Election Officer or the Returning Officer;(d) Candidates, their polling agents, and subject to the provisions of Rule 56V, one polling agent of each candidate;(e) a child in arms accompanying a voter;(f) a person accompanying a blind or inform voter who cannot move without help;(g) such other persons as the Returning Officer or the Presiding Officer may employ for the purpose of identifying the voter.56A4. The preparation of ballot boxes for poll.- (1) Where a paper seal is used for securing a ballot box, the Presiding Officer shall affix his own signature on the paper seal and obtain thereon the signatures of such of the polling agents present as are desirous of affixing the same.(2) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefor in the ballot box and shall then secure and seal the box in such manner that the slit for the insertion of ballot paper remains open.(3) The seal used for securing a ballot box shall be affixed in such manner that after the box has been closed, it is not possible to open it without breaking the seals.(4) Where it is not necessary to use paper seals for securing the ballot box, the Presiding Officer shall secure and seal the ballot box in such a manner that the slit for the insertion of ballot papers, remains open and shall allow the Polling Agents present to affix, it they so desire, their seals.(5) Every ballot box used at a polling station shall bear the seal both inside and outside marked with-(a) the serial number, if any, and the name of constituency;(b) the serial number and name of the polling station;(c) the serial number of the ballot box to be filled in at the end of the poll on the label outside the ballot box only, and(d) the date of poll.(6) Immediately before the commencement of the poll, the Presiding Officers shall demonstrate to the polling agents and other persons present that the ballot box is empty and bears the labels referred to in sub-rule (5) of this rule.(7) The ballot box shall then be closed, sealed and secured and placed in full view of the Presiding Officer and the Polling Agents.56A5. Identification of voters.- (1) The Presiding Officer may employ at the polling station such persons as he thinks fit to help in the identification of the voters or to assist him at the time of taking poll.(2) As each voter enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf, shall check the voter's name and other particulars with the relevant entry in the list of voters and then call out the serial number, name and other particulars of the voter.(3) In deciding the right of a person to obtain a ballot paper, the Presiding Officer or the Polling Officer, as the case may be, shall overlook clerical or printing errors, in any entry in the list of voters, if he is satisfied that such person is the same voter whom that entry relates.56A6. Challenging of identity.- (1) Any Polling Agent may challenge the identity of a person claiming to be a particular voter by depositing a sum of Rs. 2 in cash with the Presiding Officer for each such challenge.(2) On such deposit being made, by that person, the Presiding Officer shall-(a) warn the person challenged of the penalty for personation;(b) read the relevant entry in the list of voters in full and ask him whether he is the person referred to in that entry;(c) enter his name and address in the list of challenged voters in Form M-ll ; and(d) require him to affix his signature in the said list;(3) The Presiding Officer shall thereafter, hold a summary inquiry into the allegations and may for that purpose -(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity;(b) put to the person challenged any question necessary for the purpose of establishing his identity and require him to answer them on oath; and(c) administer an oath to the person challenged and any other person offering to give evidence;(d) if, after the enquiry, the Presiding Officer considers that the challenge has not been established, he shall allow the person challenged to vote, and if he considers that the challenge has been established, he shall debar the person challenged from voting;(e) if the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that deposit made under sub-rule (1) be forfeited to the State Election Fund and in the other case, he shall return it to the challenger at the conclusion of the enquiry.56A7. Safeguard against personation.- (1) With a view to prevent the personation of voters, every voter about whose identity the Presiding Officer or the Polling Officer, as the case may be is satisfied shall allow his left thumb to be inspected by the Presiding Officer or the Polling Officer and an indelible ink mark to be put on it.(2) If any voter refuses to allow his left thumb to be inspected or marked in accordance with sub-rule (1) or has already such a mark on his left thumb or does any act with a view to removing the ink mark, he shall not be supplied with any ballot paper or allowed to vote.(3) Any reference in this rule to the left thumb of a voter, shall, in the case, where the voter has his left thumb missing, be construed as a reference to any other finger of his left hand and shall, in the case where all the fingers of his left hand are missing be construed as a reference to the thumb or any other finger of his right hand, and shall in the case where all his fingers of both the hands are missing, be construed as reference to such extremity of his left or right arms as he possesses.56A8. Issue of ballot paper.- (1) No ballot paper shall be issued to any voter before the hour fixed for the commencement of the poll.(2) No ballot paper shall be issued to any voter after the hour for the closing of the polling, except to those voters, who are present at the polling station at the time of the closing of the poll. Such voters shall be allowed to record their votes even after the poll hours close.(3) Every ballot paper shall before issue to a voter be-(a) stamped with such distinguishing mark at the District Election Officer may direct; and(b) signed in full on its back by the Presiding Officer.(4) At the time of issuing a ballot paper to a voter, the Polling Officer shall record the serial number thereof against the entry relating to the voter in the copy of the list of voters set apart for the purpose.(5) Save as provided in sub-rule (4) no person in the polling station shall note down the serial numbers of the ballot papers issued to particular voters.56A9. Voting procedure.- The voter on receiving the ballot paper shall forthwith-(a) proceed to one of the polling compartments;(b) there make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbols of the candidate for whom he intends to vote;(c) fold the ballot paper, so as to conceal his vote;(d) if required, show the Presiding Officer the distinguished mark on the ballot paper;(e) insert the folded ballot paper into the ballot box;(f) quit the polling station; and(g) no voter shall be allowed to enter a polling compartment when another voter is inside it.56A10. Procedure for voting where there are no separate constituencies or more than one seat to be filled in one constituency.- In cases where there are no constituencies defined in the bye-laws or where more than one seat is authorised in the bye-laws for a constituency, voting in so far as these seats are concerned shall be recorded in accordance with the following provisions, namely-(a) every voter shall be entitled to give as many votes as there are seats for filling,, which votes are to be taken but no voter shall give more than one vote to any one candidate;(b) the voter shall make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbols of the candidate or candidates for whom he intends to vote, so however, that no part of any mark so made shall appear in the space provided for other candidates. The voter shall thereafter fold the marked ballot paper, so as to conceal his vote and insert the folded ballot paper into the ballot box and without undue delay leave the polling station.56A11. Recording of vote of blind or infirm voter.- (1) If the Presiding Officer is satisfied that, owing to blindness or other physical infirmity, a voter is unable to recognise the symbols on the ballot paper or to make a mark thereon without assistance the Presiding Officer shall permit the voter to take with him a companion of not less than twenty one years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes, and, if necessary, for holding the ballot paper so as to conceal the vote and inserting it into the ballot box.Provided that, no person shall be permitted to act as the companion of more than one voter at any polling station on the same day.Provided further that, before any person is permitted to act as the companion of voter on any day under this rule, he shall be required to declare in Form M-12 that he shall keep secret the vote recorded by him on behalf of the voter and that he has not already acted as the companion of any other voter at any polling station on that day.(2) The Presiding Officer shall keep a record in Form M-13 of all such cases under this rule.56A12. Spoilt and Returned ballot papers.- (1) A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on returning it to the Presiding Officer and on satisfying him of the inadvertence, be given another ballot paper and the ballot paper so returned shall be marked 'Spoilt, cancelled' by the Presiding Officer.(2) If a voter after obtaining a ballot paper decides not to use it, he shall return it to the Presiding Officer and the ballot paper so returned shall be marked as 'Returned, cancelled* by the Presiding Officer,(3) All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a separate packet.56A13. Tendered votes.- (1) If a person representing himself to be a voter applies for a ballot paper after another person has already voted as such voter, he shall, on satisfactorily answering such questions relating to his identity as the Presiding Officer may ask, be entitled to the following provisions of this rule, to mark a ballot paper (hereinafter referred to as a tendered ballot paper') in the same manner as any other voter.(2) Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list in Form M-14.(3) Tendered ballot paper shall be then same as the other ballot papers used at the polling station, except that it shall be: -(a) serially the last in the bundle of the ballot papers issued for use at the polling station; and(b) endorsed on the back with the 'tendered ballot paper' by the Presiding Officer in his own handwriting and signed by him.(4) The voter, after marking a tendered ballot paper in the polling compartment, and folding it, shall, instead of putting it into the ballot box, give it to the Presiding Officer, who shall place it in a cover specially kept for the purpose.56A14. Closing of poll.- (1) The Presiding Officer shall close a polling station at the hour fixed in that behalf under Rule 56K and shall not thereafter admit sany voter into the polling station :Provided that, all voters present at the polling station before it is closed shall be allowed to cast their votes.(2) If any question arises whether a voter was present at the polling station before, it was closed, it shall be decided by the Presiding Officer and his decision shall be final.56A15. Sealing of ballot boxes after poll.- (1) As soon as practicable after closing of the poll, the Presiding Officer shall, in the presence of any candidates or their polling agents, close the slit of the ballot box and where the ballot box does not contain any mechanical device for closing the slip, he shall seal up the slit and also show any polling agents present to affix his seal.(2) The ballot box shall thereafter be sealed and secured.(3) Where it becomes necessary to use a second ballot box by reason of the first box getting full, the first box shall be closed, sealed and secured as provided in sub-rules (1) and (2) before another ballot box is put into the use.56A16. Account of ballot paper.- (1) The Presiding Officer shall at the close of the poll prepare a ballot paper account in Form M-15 and enclose it in a separate cover with the words 'Ballot paper account' superscribed thereon.(2) The Presiding Officer shall permit a polling agent, who so desires to take a true copy of the entries made in the ballot paper account and shall attest it as true copy.56A17. Sealing of other packets.- (1) The Presiding Officer shall then make into separate packets; -(a) the Marked copy of the list of voters;(b) the unused ballot papers;(c) the covers containing the tendered ballot papers and the list of the tendered ballot papers;(d) the list of challenged votes; and(e) any other papers directed by the Returning Officer to be kept in a sealed packet.(2) Each such packet shall be sealed with the seals of the Presiding Officer and those polling agents present, who may desire to affix their seals thereon.56A18. Transmission of ballot boxes, packets etc. to the Returning Officer.- (1) The Presiding Officer shall then deliver or cause to be delivered the following to the Returning Officer at such places as the Returning Officer may direct:-(a) the ballot boxes;(b) the ballot paper account;(c) the sealed packets referred to in Rule 56A-16 of those-rules; and(d) all other papers used at the poll.(2) The Returning Officer shall make adequate arrangements for the safe transport of all ballot boxes, packets and other papers and for their safe custody until the commencement of the counting of votes.56A19. Fresh poll in case of destruction etc. of ballot boxes.- (1) If at any election, -(a) any ballot box used at a polling station is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer or is accidently or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at the polling station cannot be ascertained; or(b) any such error or irregularity in the procedure as it likely to vitiate poll is committed at a polling station, the Returning officer (where the District Election Officer, himself is not the Returning Officer) shall forthwith report the matter to the District Election Officer.(2) The District Election Officer upon receipt of such report, or of his own motion in the circumstances stated in sub-rule (1) of this rule after taking into consideration all material circumstances, either;-(a) declare the poll at the polling station to be void, appoint a day and fix the hours, for taking a fresh poll at that polling station and notify the day, so appointed and the hours, so fixed in such manner as may deem fit; or(b) if satisfied that, the result of a fresh poll at that polling station will not, in any way, affect the result of the election or that the error or irregularity in procedure is not material, then he may issue such directions to the Returning Officer or take such action as he may deem proper for the election.(3) The provisions of the Act and the rules or bye-laws made thereunder, shall apply to every such poll as they apply to the original poll.56A20. Counting of votes.- At every election where a poll is taken, votes shall be counted by, or under the supervision and direction of the Returning Officer and each contesting candidate and his counting agents shall have a right to be present at the time of counting.56A21. Admission to the place fixed for counting.- (1) The Returning Officer shall exclude from place fixed for counting of votes all persons except -(a) such persons as he may. appoint to assist him in the counting;(b) persons authorised by the District Election Officer;(c) Public servants on duty in connection with the election; and(d) candidates and their counting agents.(2) No person, who has been employed by the society or has been otherwise working for a candidate in the election, shall be appointed under clause (a) of sub-rule (1).(3) The Returning Officer shall decide, which Counting Agent or Agents shall watch the counting at any particular counting table or group of counting tables.(4) Any Person, who during the counting of votes misconducts himself or fails to obey the lawful directions of the Returning Officer, may be removed from the place where the votes are being conuted by the Returning Officer, or by any police on duty or by any person authorised on this behalf by the Returning Officer.56A22. Scrutiny and opening of ballot boxes.- (1) The Returning Officer may have the ballot boxes used at more than one polling station opened and their contents counted simultaneously.(2) Before any ballot box is opened at a counting table the Counting Agent present at that table shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon and to satisfy themselves that it is intact.(3) The Returning Officer shall satisfy himself that none of the ballot boxes has in fact been tampered with. He shall not count the ballot papers contained in tampered box and shall follow the procedure laid down in Rule 56A-19 in respect of that polling station.56A23. Scrutiny and rejection of ballot papers.- (1) The ballot papers taken out of each ballot box shall be arranged in convenient bundles and scrutinised.(2) The Returning Officer shall reject a ballot paper;-(a) it if bears any mark or writing by which the voter can be identified, or(b) if no vote is recorded thereon, or(c) if votes are given on it in favour of more than one candidate where only one candidate is to be elected, or(d) where more than one candidate is to be elected, if the voter has recorded on the ballot paper more votes than he is entitled to give, or(e) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given, or(f) if it is a spurious ballot paper, or(g) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established, or(h) if it bears a serial number, or is of a design different from the serial number or, as the case may be, design of the ballot papers authorised for use at the polling station.(i) if it does not bear the mark which it have borne under the provisions of sub-rule (3) of Rule 56A-8;Provided that;-(i) where a Returning Officer is satisfied that any such defects as is mentioned in clause (g) or (h) of this sub-rule has been caused by any mistake or failure on the part of the Presiding Officer or the Polling Officer, the ballot paper shall not be rejected merely on the ground of such defect;(ii) a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked;(iii) before rejecting any ballot paper under sub-rule (2) of this rule the Returning Officer shall allow each Counting Agent present a reasonable opportunity to inspect the ballot paper.(3) The Returning Officer shall record on every ballot paper which he rejects the letter 'R' and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp.(4) All ballot papers rejected under this rule shall be bundled together.56A24. Procedure for counting of votes.- (1) Every ballot paper which is not rejected under Rule 56A23, shall be counted as one valid vote provided that, no cover containing tendered ballot papers shall be opened and no such paper shall be counted.(2) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed, the Returning Officer shall make the entries in a result-sheet in Form M-16 and announce the particulars.(3) The valid ballot papers shall thereafter be bundled together and kept along with the bundle of rejected ballot papers in a separate packet which shall be sealed and on which the following particulars shall be recorded, namely :-(a) the name of the constituency;(b) the particulars of the polling station where the ballot papers have been used; and ,(c) the date of counting.56A25. Counting to be continuous.- The Returning Officer shall, as far as particular proceed continuously with the counting of votes and shall, during any intervals when the counting has to be suspended, keep the ballot papers, packet and other papers relating to the election sealed with his own seal and the seals of such candidates or counting agents as may desire to affix their seals and shall cause adequate precautions to be taken for their safe custody during such intervals.56A26. Procedure for counting of votes where there are no Separate constituencies or more than one seat to be filled in one constituency.- In cases where there are no constituencies defined in the bye-laws or where more than one seat is authorised in the bye-laws for a constituency, counting of votes for these seats shall be done in the following manner, namely :(a) The counting of votes shall be done by and under the supervision of the Returning Officer, with the assistance of such persons as he may appoint to assist in the counting of votes.(b) After each ballot box is opened for counting clearly valid voting papers shall be separated from invalid and doubtful voting papers. The invalid and doubtful voting papers shall be submitted to the Returning Officer for decision. The valid voting papers shall thereafter be taken for counting and the votes recorded in favour of each candidate shall be counted with the aid of persons appointed to assist in the counting of votes.(c) The Returning Officer shall allow the candidates and their counting agents, who be present reasonable opportunity to inspect all voting papers which in the opinion of the Returning Officer are liable to be rejected but shall not allow them to handle those or any other voting papers. The Returning Officer shall on every voting paper which is rejected endorse the letter "R" If any candidate or his counting agent questions the correctness of the rejection of any voting paper the Returning Officer shall also record briefly on such voting paper the ground, for its rejection.(d) After the counting of all voting papers contained in all the ballot boxes used has been completed, the Returning Officer shall cause to be sealed up in separate packets with a description endorsed on each such packet of the voting papers counted and that voting papers rejected.(e) The Returning Officer shall as far as practicable proceed continuously with the counting of the votes and shall during any intervals when the counting has to be suspended, keep the voting paper packets and other documents relating to the election sealed with his own seal and the seal of such candidate or Counting Agents as may desire to affix their seals and shall cause adequate precautions to be taken for their safe custody.(f) After the counting of ballot papers contained in all the ballot boxes used at all the polling stations had been completed, the Returning Officer shall prepare a consolidated statement recording therein the total number of votes polled by each candidate.56A27. Recommencing of counting after fresh poll.- (1) If a fresh poll is held under Rule 56A19, the Returning Officer shall after completion of that poll, recommence the counting of votes on the date and at the time and place which have been fixed by him in that behalf and of which notice has been previously given to the candidates.(2) The provisions of Rules 56A-23 and 56A-24 shall apply so far as may be to such further counting.56A28. Recount of votes.- (1) After the completion of counting the Returning Officer shall record in the result sheet in Form M-16 the total number of votes polled by each candidate and announce the same :Provided that, when an equality of votes is found to exist between any candidates either for the reserved or the unreserved seats and the addition of one vote will entitle any of the candidate to be declared elected, the determination of the person or persons to whom such an additional vote shall be deemed to have been given shall be made by lots to be drawn in the presence of the Returning Officer and the candidates who may desire to be present, and in such manner as the Returning Officer may determine.(2) After such announcement has been made, a candidate or, in his absence, his Polling Agent may apply in writing to the Returning Officer for a recount of all or any of the ballot papers already counted stating the grounds on which the demands such recount.(3) On such application being made, the Returning Officer shall decide the matter and may allow the application in whole or in part or may reject totally, if it appears to him to be frivolous or unreasonable.(4) Every decision of the Returning Officer under sub-rule (3) shall be in writing and contain the reasons therefor.(5) If the Returning Officer decides under sub-rule (3) to allow an application either in whole or in part, he shall;-(a) count the ballot papers again in accordance with his decision;(b) amend the result sheet in Form M-16 to the extent necessary after such recount ; and(c) announce the amendment so made by him.(6) After the total number of votes polled by each candidate has been announced under sub-rule (1) or sub-rule (5), the Returning Officer shall complete and sign the result sheet in Form M-16:Provided that, no steps under this sub-rule shall be taken on the completion of the counting until the candidates present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by sub-rule (2).56A29. Declaration of result and publication of names of the members of the committee.- The Returning Officer shall then declare the candidate to whom the highest number of valid votes-has been given as having been elected and certify the return of election in Form M-17 and where the District Election Officer himself is not the Returning Officer shall send signed copies thereof to the District Election Officer. On receipt of the declaration, the District Election Officer shall publish the names of all elected committee members by causing a list of such names together with their permanent addresses and the names of the constituencies from which they are elected on the notice board of his office and shall send a copy thereof to the,registered address of the society concerned for affixing it on the notice board and also for its record. The District Election Officer shall send a list of the elected committee members to the Chief Election Officer.56A30. Return of forfeiture of candidate's deposit.- (1) The deposit made under Rule 56-P shall either be returned to the person making it or representative heir or be forfeited to the State Election Fund in accordance with the provisions of sub-rule (3) of Rule 56A-6.(2) Except in cases hereinafter mentioned in this rule, deposit shall be returned as soon as practicable after result of the election is declared.(3) If the candidate is not-shown in the list of contesting candidates, or he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be.(4) Subject to the provisions of sub-rule (3), the deposit shall be forfeited to the State Election Fund, if at an election, where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one-tenth of the total number of valid votes polled by all the candidates or, in the case of election of more than one member at the election one-tenth of the number of valid votes, so polled divided by the number of members to be elected.56A31. Custody of papers relating to elections.- The Returning Officer shall have the custody of packets referred to in Rule 56A-17 and all other papers relating to the election for a period of 3 months from the date of declaration of result and such packet shall be handed over to the Election Officer.56A32. Production and inspection of election paper.- (1) While in custody of District Election Officer:(a) the packets of unused ballot papers;(b) the packets of used ballot papers, whether valid, tendered or rejected;(c) the marked copies of the voters list, shall not be opened and their contents shall not be inspected by or produced before any person or authority except under the order of the court or other competent authority.(2) All other papers relating to the election shall be open to public inspection.56A33. Disposal of election papers.- The packet referred to in Rule 56A-32 shall be retained for a period of one year and shall thereafter be destroyed subject to any directions to the contrary given by the Court or other competent authority.56A34. Casual vacancies how to be filled in.- In the event of vacancy occurred on account of death, resignation or otherwise, it shall be filled in by the society, according to the provision of bye-laws of the society.56A35. Election of office bearers.- As soon as the members of the committee are elected and necessary co-option or appointment as the case may be of members to the reserved seats under Section 73B or 73BB as the case may be or wherever such* election is due, the election of the officer or officers of any such notified society shall be held as provided in its bye-laws but any meeting of the committee for this purpose be presided over by the Registrar or as Officer nominated by him in this behalf. |