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[Cites 0, Cited by 0] [Section 52] [Entire Act]

State of Tamilnadu - Subsection

Section 52(8) in Tamil Nadu Co-operative Societies Rules, 1988

(8)[(a) No person shall be eligible for being nominated as a candidate for election to the board unless he is qualified for being elected under the provisions of the Act and these Rules, and his name is included in the voters' list. The nomination of a candidate for the election shall be in Form No. 18 and shall be signed by the candidate. The nomination paper shall be signed by two other members whose names are included in the voters' list, one as the proposer and the other as the seconder for the nomination:Provided that where, excluding the candidate or candidates seeking election, only one member is in the voters' list, the nomination need not be seconded:Provided further that where, excluding the candidate or candidates seeking election, no member is in the voters' list, the nomination need not be proposed or seconded; and[Provided also that in the case of a central or apex society which has only society member and no individual member, for election to the board of such central or apex society to fill up the seats reserved for Scheduled Castes and Scheduled Tribes or for women, a person whose name is not included in the voters' list, shall also be eligible for being nominated as a candidate, if such person is a member of the board of a society affiliated to such central or apex society and belongs to Scheduled Castes and Scheduled Tribes or a women, as the case may be, and whose name is included in the list referred to in sub-rule (7-A):Provided also that if the seat is reserved for Scheduled Castes and Scheduled Tribes, the candidate seeking election to such reserved seat shall furnish a declaration in the nomination form made by him specifying the caste or tribe of which he belongs and the area in relation to which that caste or tribe is notified as a Scheduled Castes or Scheduled Tribes of the State.] [Substituted by C.O. Ms. No. 716, Co-operation, Food and Consumers Protection, dated the 19th August 1989.] [Substituted by SRO A-1(a)/ 2013 - G.O. Ms. No. 10, Co-operation, Food and Consumer Protection (Cj1), dated 31.1.2013, w.e.f. 31.1.2013.]
(aa)[ Nothing contained in this sub-rule shall prevent any candidate from being nominated by more than one nomination paper for any one election:
Provided that not more than four nomination papers shall be presented by or on behalf of any candidate for any one election.Provided further that a person who wishes to stand as a candidate in an election to a single member constituency shall not sign any nomination as a proposer or seconder:Provided also that the maximum number of nomination papers signed by a person who wishes to stand as a candidate in a multi-member constituency as a proposer or seconder shall be one less than the number of members to be elected to that constituency.] [Inserted by SRO A-1 (a)/2013 - G.O. Ms. No. 10, Co-operation, Food and Consumer Protection (Cj1), dated 31.1.2013, w.e.f 31.1.2013.]
(b)Every nomination paper shall be presented in person to the Election Officer by the candidate himself or by his proposer or seconder on the date and time specified in the notice of election.
(c)The Election Officer receiving the nomination paper shall enter on the nomination paper its serial number and certify the date and hour at which the nomination paper has been presented to him and also immediately acknowledge receipt of the nomination paper.
(d)On the date and time fixed in the election notice for the scrutiny of nomination papers, the Electoral Officer shall decide in writing the objections, if any, which may be made to any nomination and may, either on such objection or on his own motion, after making such summary enquiry, as he considers necessary, reject any nomination on any of the following grounds:-
(i)that on the date fixed for filing of nomination papers, the candidate either was not qualified or was disqualified for being elected to fill the vacancy under any of the provisions of the Act or the Rules; or
(ii)that there has been a failure to comply with any of the provisions in clause(a) or clause (aa) or this rule; or
(iii)that the signature of the candidate or the proposer or seconder on the nomination paper is not genuine; or
(iv)that where the election is solely for a seat or for sea Is reserved for Scheduled Castes and Scheduled Tribes or Women, the candidate does not belong to such reserved category:
Provided that the nominations of a candidate shall not be rejected only 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 voters' list, if the identity of the candidate or proposer or seconder, as the case may be, is established beyond reasonable doubt.]
(e)The Election Officer shall give all reasonable facilities to the candidates or the persons duly authorised by the candidates as their
representatives in this behalf to examine all the nomination papers and satisfy themselves mat the inclusion of the candidates is valid.
(f)The Election Officer shall endorse on-each nomination paper his decision accepting or rejecting the same and if the nomination paper has been rejected, he shall record in writing a brief statement of grounds for such rejection.
(g)After all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the Election Officer shall prepare a list of candidates whose nominations have been accepted as valid and such list shall be published in the notice board at the office of the society or at such other place as the Election Officer may specify on the date and time fixed in the election notice for such publication.
(h)Any candidate may, before the date and time fixed in the election notice, withdraw his candidature by notice in Form No. 19 signed by him and delivered to the Election Officer either by such candidate in person or by his proposer or seconder who has been duly authorised in this behalf in writing by the candidate. The notice of withdrawal of candidature once given shall be final.
(i)The Election Officer shall prepare in Form No. 20 a list of candidates whose nomination papers have been finally accepted as valid and who have not withdrawn their candidature within the time fixed for withdrawal and such list shall be published in the notice board at the office of the society or at such other place as the Election Officer may specify on the date and time fixed in the election notice.