Section 22D in Andhra Pradesh Co-Operative Societies Rules, 1964
22D. Election of District Co-operative Central Bank/Apex Societies/ Sugar Factories.
(a)The Election Authority shall appoint the Election Officer not below the rank of Deputy Registrar not less than 7 days prior to the date of poll.(b)Every Society shall bear the total expenses for conducting of elections(c)Preparation of list of members eligible to vote:(i)in the case of Co-operative Sugar Factories where seats in the committee are reserved to weaker Section, it should be indicated in the Voter's list against the name of each person whether he belongs to Scheduled Caste, Scheduled Tribe; or Backward Class and also the total number of members and the number of Members from Scheduled Castes, Scheduled Tribes and Backward Classes voters among them. Further in the case of Co-operative Sugar Factories it should also be indicated whether a member is a small farmer.(ii)In the case of an Apex-Society. Co-operative Central Bank and Dist. Co-Operative Marketing Society, and any other society where other societies and institutions are members, the Managing Director or Secretary or the Business Manager and General Manager or Chief Executive, as the case may be, shall prepare and furnish to the Election Officer not less than four days before the date of poll a list containing the names of the delegates of affiliated societies and the individual members of the society.(iii)The Managing Director or the Chief Executive of the Co-Operative Sugar Factory shall prepare or cause to be prepared and publish a list of society members as provided in rules on the notice board of the factory whenever an election is to be held. Any member may file application requesting for inclusion or deletion 'within four days from the date of publication before the Managing Director or the Chief Executive who shall dispose of the same within three days thereafter and publish the final list.(iv)A copy of the voters list shall be supplied by the Election Officer or any person authorised by him in this behalf, to any member of the society who are in final list of nomination at a cost to be decided by the Election Officer.(2)Election Notification . - (a) In the case of an Apex Society, Co-operative Central Bank, the District Co-Operative Marketing Society and any other society where other societies and institutions are members, the election notification containing the particulars shall be issued not less than (3) three days before the date of poll in the manner as indicated in sub-rule (3)(vi) & (4) of Rule 22.(b)In the case of an Apex Society, Co-operative Central Bank, the District Co-operative Marketing Society and any other society where other societies and institutions are members, the date of filing of nominations, scrutiny of nominations and publication of valid list of nominations shall be on the same day which shall not be less than two days before the date of Poll.(c)The procedure for issue of election notification, receipt of nominations, scrutiny & withdrawal and also Polling Voting shall be followed as specified under Rule 22 of these rules.][23. quorum for meeting: (1) Save as expressly provided in the Act no general meeting shall be held or proceeded with unless there is a quorum as specified in the bye-laws provided that the bye-laws shall not specify quorum which is less than [1/10th] [Substituted by G.O.Ms.No. 37, Agriculture & Coop. (Co-Operative IV), dated 28.1.2002.][Added by G.O.Ms. No. 2834, F & A (Leg.), dated 24.11.1965. ] of the total members.(2)The quorum for a meeting of the committee shall be the majority of the total members of the committee.[23A. Meeting called by Registrar. - (1) The Registrar, may convene a general meeting of the society under sub-section (1-A) or under sub-section (5) (a) of Section 32, after giving due notice to the members, and date, time and place of the meeting and the subjects to be considered at the aforesaid meeting.] [Inserted by G.O.Ms. No. 2834, F & A. (Leg) Department dated 24-11-1965, and Substituted G.O.Ms. No. 102, (Co-Operative IV) dated 27-1-1986.](2)The notice of meeting shall be given by affixture in the office of the society, if any, and in case there is no office, in the Panchayat Samithi Office or Mandal Office or by publication in a local newspaper:Provided that if the area of the society extends to more than one Panchayat or Revenue Mandal, the notices shall be affixed in the Panchayat Offices or Mandal Offices and in the Office of the Registrar.(3)The cost on account of publication of the notice in the local newspaper shall be met from the funds of the society.[23AA. For the purpose of clause (a) of sub-section (1) of Section 32 all Apex Co-operative Societies [Rural Electric Co-Operative Societies] [Added by G.O.Ms. No. 621, (Co-Operative IV), dated 26-12-1985.][Substituted by G.O.Ms.No. 37, Agriculture & Coop. (Co-Operative IV), dated 28-1-2002.] Sugar Factories and Spinning Mills shall be the class of societies.][23AAA. - (1) Notwithstanding anything contained in the bye-laws of the society, the President may resign his seat by sending a letter of resignation by Registered Post or by tendering it in person to the Registrar and such resignation shall take effect from the date it is accepted by the Registrar.(2)The powers and functions of the President shall devolve on vice-president till election to the post of the President is held as per bye-laws.(3)Notwithstanding anything in the bye-laws of the society, any member or members of the committee may resign their seats by sending a letter of resignation by Registered Post or by tendering it in person to the Chief Executive Officer/President of the society and such resignation shall take effect from the date it is accepted by the Managing Committee.(4)In the event of absence of the President for more than a period of three months or death of President of a society, the powers and functions of the President shall devolve on the vice-president till election to the post of the President is held as per bye-laws.(5)In the event of resignation of the entire Managing Committee or a majority of the Managing Committee, the Registrar of Cooperative Societies shall hold elections and till the new Managing Committee takes charge the Registrar may appoint person incharge or direct the Managing Committee to continue to discharge their functions till the elections are held and the new Managing Committee takes charge.] [Substituted by G.O.Ms.No. 37, Agriculture & Coop. (Co-Operative IV), dated 28-1-2002.][23B. Mode of service of notice of committee meetings. - The Chief executive or the Senior most paid employee, or where there is no paid staff, the President or the person authorised under the bye-law, of the society shall send notice of Committee Meetings to the members of the Committee either by personal service or by Registered Post Acknowledgment Due] [Added by G.O.Ms. No. 559, ( F & A) (Co-Operative IV), dated 12-9-1990.].[24. Disqualification for membership of Committee: (1) No person shall be eligible for being chosen or continuing as a president of a Primary Coop. Society or as a member of the committee of any society, if he,] [Substituted by G.O.Ms.No. 37, Agriculture & Coop. (Co-Operative IV), dated 28-1-2002.](a)is a near relative of a paid employee of the Society,(b)is in default to the Society or to any other Society for such period as is specified in the bye-laws of the Society concerned, or in any case for a period exceeding three months, or is a defaulter to the Society or to any other Society, or is a delegate of a society which is defunct or is in default for a period exceeding three months;(c)is interested directly or indirectly in any contract made with the Society or in any sale or purchase made by the society privately or in any auction or in any contract or transaction of the Society, other than investment and borrowing involving financial interest, if the contract or transaction subsisting or if the contract, transaction, sale or purchase has not been completed and(d)is a member of the Committee of more than two Apex or Central Societies or of the Committee or more than one Apex Society and one Central Society.[Explanation 1. - For the purposes of clause (a) of sub-rule (1) the following persons shall be deemed to be near relatives namely, Father, Mother, Brother, Sister, Husband, Wife, Daughter, Son, Daughter-in-law, Son-in-law, Father-in-law, Mother-in-law, Brother-in-law, Sister-in-law, Nephew and Niece.] [Added by G.O.Ms. No. 223, A&C (Coop. IV), dated 27-6-2005.]Explanation II. - (i) For the purposes of clause (d) of sub-rule (1) "Apex Society", means a society whose area of operation extends to the whole of the State and which has other societies as its members.(ii)"Central Society" means a society whose area of operation extends to more than one Mandal and which has its members of other societies."(2)The President or a member of the committee of any society shall cease to hold his office as such if he incurs any of the disqualifications mentioned in sub-rule (1)Provided that, where a person ceases to be a member of the committee under clause (b) of sub-section (1) of Section 21, he shall be restored of the office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, as and when the sentence is annulled on appeal or revision and any person elected to fill the vacancy in the interim period shall on such restoration vacate the office.(3)Chief Executive Officer or President where there is no Chief Executive Officer shall be responsible to keep a watch on disqualification of member(s) or Managing Committees as detailed below:(a)Automatic disqualification of a member under Section 21(g) or the Managing Committee u/S. 21AA(5) and 21AA(6);(b)If orders are issued by Registrar u/S.21(e)(c)Chief Executive Officer shall report the status to Managing Committee u/S.21(f) and if the Managing Committee passes an order of disqualification.(d)For any other reason as specified in the bye-laws; and(e)Chief Executive Officer/President shall promptly inform the Registrar and place a report on all such disqualification in the General Body meetings for information and when convened.(4)Before passing a resolution under sub-rule 3(c) or 3(d) above the committee of a society shall give such person an opportunity to state his objections if any, to the proposed action and if the person wishes to be heard, he shall be given an opportunity to be heard.The General Body of such society shall through a resolution declare that a person shall cease to be a member of the committee of the society concerned from the date of the disqualification.[24A. Meeting after receipt of no confidence notice. - (1) As soon as the notice along with a copy of the motion expressing no confidence is received, the Registrar shall, notwithstanding anything in the bye-laws, convene a meeting of the committee.(2)The service of notice may be effected in any of the following ways, namely:-(a)by giving or tendering it to such person ; or(b)by sending it by registered post to their address.(3)A copy of the notice shall also be affixed on the notice board of the society and also on the notice board of the Office of the Registrar: Provided that if the area of Society extends to more than one Panchayat or Mandal Office the notice shall be affixed in all Panchayat Offices or Mandal Offices.] [Added by G.O.Ms. No. 102, (Co-Operative IV), dated 27.2.1986. ](4)[ As soon as the motion of no confidence is carried against the president/vice-president or against both the president and vice-president simultaneously at one time, the Registrar shall declare the results of motion and immediately announce the date, time and place of election of the president/ vice-president as the case may be, for filling up the resultant vacancy or vacancies.] [Sub-rules(4) to (13) added by G.O.Ms. No. 257, dated 8.5.1986.](5)Immediately after the announcement of result of motion of no-confidence the president/vice-president, as the case may be, shall not discharge any functions as president or vice-president.(6)If the President and vice-president are removed simultaneously, the Registrar shall then draw lots among the members present excluding the members against whom the motion of no-confidence is carried. The candidate on whom the lot falls shall be the president or vice-president for the interim period till regular election of president or vice-president is held and when once elections are held they shall cease to function as President and Vice-President.(7)The Registrar shall pass an order removing the president/vice-president or both the president and vice-president, as the case may be, within a period of three days from the date on which the motion of no-confidence is carried under sub-rule (4).(8)Notwithstanding anything contained in the rules and bye-laws of the society, the Registrar shall preside over the meeting. The quorum for such meeting shall be the majority of the members of the committee. [x x x] [Deleted by G.O.Ms. No. 336, Agriculture & Co-Operative (Co-Operative IV), dated 26.5.1993.].(9)The election of president/vice-president shall be by show of hands.(10)The nomination of the candidate for election shall be made at such meeting.(11)If there is no contest, the Registrar shall declare the candidate as elected as president, vice-president and if there is a contest, a poll shall be taken. The Registrar shall read out the names of the contesting candidates for that office. He shall thereafter record the number of votes polled for each such candidate as the case may be. The Registrar shall announce the number of votes secured by each candidate as the result of election shall be recorded and attested by them.(12)If any equality of votes is found to exist between any candidate, and the addition of one vote will entail any of these candidates to be declared elected, the Registrar shall forthwith decide between these candidates by lot and proceed as if the candidate on whom the lot fails had received an additional vote and declare him elected and the result so declared shall be recorded and attested by him.(13)The person so elected shall hold office for the residue of the term of his predecessor.
