Section 84 in The M.P. Krishi Upaj Mandi (Mandi Samiti Ka Nirvachan) Rules, 1997
84. Election of Vice-Chairman of the Market Committee.
(1)After publication of results of election of the Members and Chairman of the Mandi Committee in the Madhya Pradesh Gazette, the Collector, within a period of one month, shall convene the first meeting of Market Committee under sub-section (1) of Section 13 and shall publish it by affixing on the notice board of the Market Committee and the concerned Janpad Panchayat, a notice of the date, hour and place of such meeting at least ten clear days before the date of the meeting. The District Election Officer shall authorise an officer not below the rank of Naib-Tahsildar to preside over such a meeting.(2)A copy of the notice published under sub-rule (1) shall also be sent by the District Election Officer or by the officer authorised by the Collector to preside over the meeting, by registered post to every member of Market Committee, at least seven clear days before the date of meeting.(3)At such meeting, candidate for the Office of Vice-Chairman shall be proposed and seconded in writing by the elected members. The proposer and seconder shall not be the same person. The names of the candidates so proposed and seconded shall be read out by the President of the meeting.(4)(a)If any candidate duly proposed and seconded desires to withdraw his candidature, he may by an application in writing within the time prescribed by the President of the meeting withdraw his candidature.(b)After such withdrawal, if any, the President of the meeting shall read out the names of the remaining candidates for the Office of Vice-Chairman.(5)(a)If there is only one candidate for the Office of the Vice-Chairman, he shall be declared to have been duly elected.(b)If there are two or more candidates the votes of the members present shall be taken.(6)Every member present shall be supplied with a ballot paper in Form 29, in which the names of all contesting candidates for the Office of the Vice-Chairman, shall be written or printed legibly in Hindi and every ballot paper shall be initialled on the back side by the President of the meeting before issuing it.(7)A voter shall then put a cross mark "X" against the name of the candidate for whom he wishes to vote, fold it up and insert it in the ballot box kept before the President. If a voter is unable to do so, the President may mark the ballot paper in secret place, according to the directions of voter and insert it in the ballot box, kept before him.(8)After completion of voting under sub-rule (7), the President shall open the ballot box and count the votes in the presence of the members and declare the candidate elected who secures the largest number of valid votes :Provided that where an equality of votes is found to exist between contesting members and the addition of one vote will entitle any of these members to be declared elected as Vice-Chairman, President shall draw lots in such manner as he deems fit in the presence of the members who may desire to be present and the member selected by lot shall be declared to have been elected as Vice-Chairman.(9)Any ballot paper, which contains the signature of the voter or on which the cross mark is placed against more than one name, or the back side of which does not contain the initials of the President, shall be invalid.(10)The proceedings of this meeting shall be recorded in the minute book of the Market Committee and duly signed by the President of the meeting and the Secretary of the Market Committee.(11)Immediately after the meeting, the President shall give the notice declaring the name of the person declared to have been elected as the Vice-Chairman to be affixed on the notice board of the Market Committee and shall intimate to the Managing Director and District Election Officer, the result of the Election.(12)The ballot papers shall be sealed by the President and the seal of the Secretary of the Market Committee shall also be got affixed and the packet containing the voting papers shall be retained in the safe custody in the Office of the Market Committee. The packet containing the voting papers shall not be opened except under the orders of the Collector.(13)(a)In the event of dispute arising as to the validity of the Election of the Vice-Chairman, the Presiding Officer of the meeting of the Election of Vice-Chairman shall submit within 3 days to the District Election Officer all relevant papers and records submitted by the parties of dispute and the Presiding Officer shall keep on record, the detail of such Elections and the meeting in the Minute Book of Market Committee.(b)After giving an opportunity of hearing to the parties of dispute the District Election Officer shall take the decision as he deems fit and decision of the District Election Officer shall be final.(14)The voting paper concerning the Election of the Vice-Chairman may be destroyed by the Secretary of the Market Committee after the decision of the Collector under sub-rule (13) above for a period of five years after the Election, whichever may be later.(15)The name of the Vice-Chairman elected under Section 12 shall be published in the Official Gazette by the Collector immediately after his election.
