TMI BlogSCHEDULEX X X X Extracts X X X X X X X X Extracts X X X X ..... embers, the returning officer shall call on such societies to send the name of their Chairperson or President or the Chief Executive or a duly authorized member of the board of such co-operative society or other Multi-State Co-operative Society as representative (hereinafter referred to as the delegate) in accordance with the provisions contained in sub-section (3) of section 38 together with the resolution of the board of the society and the specimen signature of the Chairperson or President or the Chief Executive or duly authorized member of the board, duly attested and bearing the seal of the society so as to reach him at least twenty-one clear days prior to the date fixed for the general meeting. Where there is no board of such co-operative society or other multi-state cooperative society, the administrator, or duly authorized administrator if there are more than on administrators, by whatever name called, shall intimate the returning officer in writing under his signature at least twenty-one clear days prior to the date fixed for the general meeting that he or the Chief Executive shall represent such society in the general meeting. Where no such resolution or communication int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fixed for election or if that happens to be a holiday the day preceding which is not a public holiday. Explanation: For the purpose of the sub-paragraph the term public holiday means any day which is declared as a public holiday under section 25 of the Negotiable Instruments Act, 1981 (26 of 1881) or any day which has been notified by the Central Government, or as the case may be, the State Government to be a public holiday for the offices of the Central Government or the State Government; (v) the date on which and the time and place at which the nomination papers will be taken up for scrutiny; (vi) the date and time of which, the place at which and the time between which polling will take place. 2. Preparation of list of members/delegates (a) The returning officer shall prepare a list of members eligible to vote as it stood on the date, thirty days prior to the date fixed for the poll and publish copies of the list by affixing them on the notice board at the principal place of business of the society and all its branches, if any, not less than fifteen days prior to the date fixed for election. The list shall specify- (i) the admission number and name of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im and shall immediately give a written acknowledgement for the receipt of nomination papers, if presented in person, which shall also bear the seal of the society. The returning officer shall, at the close of the time fixed for the receipt of nomination papers, prepare and display on the notice board of the society, a list of nominations received by him. Any nomination paper which is not delivered or received on or before the date and time fixed for its receipt shall be rejected. (d) No person shall be nominated as a candidate for election to fill a seat on the board if he- (i) is ineligible to vote; (ii) is disqualified to be the member or delegate or a member of the board under the provisions of the Act and these rules; and (iii) does not possess the necessary qualifications specified in the bye-laws of the society for election as member of the board. 4. Scrutiny of nomination papers (a)(i) On the day fixed for the scrutiny of nomination papers, the returning officer shall, at the appointed hours, take up the scrutiny of nomination papers. The candidate or the proposer or seconder of each of the candidate may be present at the time and place when nomination ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd. If the number of candidate whose nominations are valid exceeds the number to be elected for any area or constituency, the returning officer shall arrange for conducting a poll on the date and time fixed for the purpose. The returning officer may appoint as many polling officers as may be necessary for conducting the poll. (b) A candidate contesting the election, may be a letter, in Form IV, to the returning officer, appoint an agent to represent him where polling is held, to identify the voters and to watch the recording of votes. Such letter shall contain the consent in writing of the agent concerned. (c) Canvassing of votes by any person at the place where elections are to be conducted shall be prohibited. (d) Immediately before the commencement of the poll, the returning officer shall show the empty ballot box to such persons as may be present at the time and shall then lock it up and affix his seal in such manner as to prevent its being opened without breaking the seal. The candidate or his agent may also affix his own seal, if he so desires. (e) Every member or delegate who desired to exercise his right of vote shall be supplied with a ballot paper containin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dentify of a member or if the polling officer feels any reasonable doubt, he shall then refer the matter to the returning officer who shall make a summary inquiry and decide the question with reference to the books of the society. (ii) The returning officer shall not entertain any challenge by a candidate or his polling agent, of a member s identity until the person who challenges pays a fee of ₹ 5/-(Rupees five only) for every such vote, in cash. The returning officer shall thereafter entertain the challenge and ask the member who has come to poll the vote to affix his thumb impression or signature, as the case may be, on a declaration describing his identity. If he refuses to do so, the member shall not be allowed to vote. If, on the other hand, as a result of such summary enquiry the identity of the member is established to the satisfaction of the returning officer, the polling officer shall issue ballot paper, and the member shall then be allowed to vote. In such cases, the challenge fees paid shall be forfeited. At the end of the poll, the returning officer, shall render an account of challenge fees collected, fees refunded to the persons who challenged and the fees f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an equality of votes is found to exist between any candidates and the addition of one vote will entail any of those candidates to be declared elected, the returning officer shall forthwith decide between these candidates by lot and proceed as if the candidate on whom the lot falls had received an additional vote and declare him elected. (c) After the returning officer has completed the counting of votes, he shall prepare a return of the results of the polling and shall forthwith declare the results. The returning officer shall immediately thereafter record the proceedings of the election in a comprehensive report which shall form part of the records of the society and shall be binding on all. The returning officer shall immediately also furnish a copy of such a report together with a copy of the return of the results of polling, to the society for onward transmission to the Central Registrar. The society shall immediately forward such report and return of the results furnished by the returning officer to the Central Registrar. 7. Election of office bearers (1) As soon as the members of the board have been elected the returning officer shall, notwithstanding anything con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a comprehensive report which shall form part of the records of the society and shall be binding on all. The returning officer shall immediately also furnish a copy of such a report together with a copy of the return of the polling, to the society for onward transmission to the Central Registrar. The society shall immediately forward such report and return of the results furnished by the returning officer to the Central Registrar. 8. Custody of record of elections conducted After declaration of the result of election, the returning officer shall hand over the ballot papers and records relating to the election of the members of the board of directors and the office bearers to the chief executive of the Multi-State Co-operative Society in a sealed cover. These shall safely, be preserved by the Chief executive of the society for a period of six months from the date of election or till such time a dispute regarding election, if any, filed is disposed of, whichever is later, and shall thereafter be destroyed. ********** Notes 1. Inserted vide Notification No. G.S.R. 717 (E) dated 12-11-2007 - - statute, statutory provisions legislation, law, enactment, A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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