PART – III
|
||
PREPARATION OF ELECTORAL ROLL
|
||
6.
|
Provisional list of voters for co-operative societies having
individuals as members.-
|
|
(1)
|
A provisional
list of voters shall be prepared by every society in the year in which the
election of such society is due to be held. The member who has completed
minimum two years as member from the date of his enrollment and who is an
active member shall be included in the provisional list as laid down in
Section of 27 of the Act. (3) If different constituencies are provided in the
bye-laws, the names of voters shall be arranged constituency-wise as laid
down in the bye-laws.
|
|
(2)
|
The period of
two years stated in section 27(3-A)of the Act is to be counted from the date
of enrollment of member to the date when election of the managing committee
of the society becomes due :
|
|
Provided that,
in case of societies where the elections could not been held before the
expiry of the term of the committee due to unforeseen conditions or any other
reason, provisional list of the voter shall be prepared on the basis of the
date fixed by the SCEA:
|
||
Provided also
that, provisional list of voters of the society having its first elections
due after term of expiry of the provisional committee under section 73 (1A)
(a) shall comprise of all the members as on the date of the registration.
|
||
Provided also
that, the provisional list of the voters of the society on which an
authorized officer is appointed under section 77A or an administrator is
appointed under section 78A shall be prepared on the basis of the date fixed
by the SCEA.
|
||
(3)
|
Four copies of
the authenticated provisional lists of voters shall be delivered by the
committee of the society to the District Co-operative Election Officer or
Taluka or Ward Co-operative Election Officer, 120 days before the date of
expiry of the term of Committee. Copies of such lists shall be displayed on
the notice board of the society. The District Cooperative Election Officer or
Taluka or Ward Co-operative Election Officer within 10 days from its receipt
shall call for invite claims and objections from the members of the society.
|
|
(4)
|
If any
committee fails to deliver copies of the provisional lists of voters to the
District Cooperative Election Officer or Taluka or Ward Cooperative Election
Officer on or before the due date, the District Cooperative Election Officer
or Taluka concerned Cooperative Election Officer shall himself or through any
persons authorized by him in this behalf, prepare such provisional list of
voters and the expenditure incurred therefor shall be recovered from the
committee or other persons responsible therefore, as arrears of land revenue.
|
|
(5)
|
In the event
of the District Cooperative Election Officer or Taluka or Ward Cooperative
Election Officer taking action under the last preceding sub-rule, he shall
also cause copies of the provisional list of voters to be displayed on his
notice board and notice board of the society within 10 days from the date of
receipt of such list from the society for inviting claims and objections from
the members of the society:
|
|
Provided that,
such list may be published on official website of SCEA and Co-operation
department.
|
||
7.
|
Particulars to be included in the provisional list of voters for
co-operative societies having individuals as members.-
|
|
The
provisional list of voters in case of individual shareholders, shall contain
the name, father’s or husband's name, surname (in alphabetical order), if
any, with address as recorded in the register of members in Form ‘E-3’ of
every person entitled to be registered as voter with such other particulars
as may be necessary to identify him.
|
||
8.
|
Claims and objections to the provisional list of voters and the final
list of voters for co-operative societies having individuals as members.-
|
|
(1)
|
When any
provisional list of voters is published for inviting claims and objections,
any omission or error in respect of name or address or other particulars in
the list may be brought to the notice of the concerned District Cooperative
Election officer or Taluka or Ward Cooperative Election Officer in writing by
any member of the society who is a voter during office hours within 10 days
from the date of publication of the provisional list of voters.
|
|
(2)
|
Every claim or
objection shall be preferred in writing and state the grounds on which the
claim is based or the objection is raised, as the case may be.
|
|
(3)
|
The District
Cooperative Election Officer or Taluka or Ward Co-operative Election Officer
shall, after making such enquiries as deem necessary in this behalf, consider
each claim or objection, and give his decision thereon in writing to the
persons concerned within 10 days from the last date prescribed for receiving
the claims and objections. Thereafter final voters list should be published
within the period of 15 days from the last date prescribed for receiving the
claims and objections. The list finalized by the election officer after
deciding all claims and objection shall be final list of voters.
|
|
(4)
|
The copies of
the final list of voters shall be displayed on the notice board of the
District Cooperative Election Officer and also on the notice board of the
society at least 10 days before the declaration of the election programme and
in no case later than 15 days from the finalization of claims and objections.
The District Cooperative Election Officer may also cause it to be published
on the official website of the SCEA, if any.
|
|
9.
|
Provisional list of voters for the societies having society or
society and individuals as members.-
|
|
(1)
|
A provisional
list of voters shall be prepared by every society in the year in which the
elections of such society are due to be held. The active members who have
completed minimum 2 years as members from the date of their, enrollment and
in case of society being a active member who has completed minimum 3 years
from the date of enrollment before the date of expiry of period of existing
managing committee; shall be included in the provisional list as laid down in
Section of 27 of Maharashtra Cooperative Societies Act 1960. If different
constituencies are provided in the bye-laws, the names of voters shall be
arranged constituency wise as laid down in the bye-laws.
|
|
(2)
|
The period of
three years stated in section 27(3)of the Act is to be counted from the date
of enrollment of member to the date when election of the managing committee
of the society becomes due ;
|
|
Provided that,
in case of societies where the elections could not been held before the
expiry of the term of the committee due to unforeseen conditions or any other
reason, provisional list of the voter shall be prepared on the basis of the
date fixed by the SCEA.
|
||
Provided also
that, provisional list of voters of the society having its first elections
due after term of expiry of the provisional committee under section 73 (1A)
(a) shall comprise of all the members as on the date of the registration :
|
||
Provided also
that, the provisional list of the voters of the society on which an
authorized officer is appointed under section 77A or an administrator is
appointed under section 78A shall be prepared on the basis of the date fixed
by the SCEA.
|
||
(2)
|
Four copies of
the authenticated provisional lists of voters shall be delivered by the
committee of the society to the District Cooperative Election Officer or
Taluka or Ward Co-operative Election Officer, 120 days before the date of
expiry of the term of Committee. Copies of such lists shall be displayed on
the notice board of the society. The District Cooperative Election Officer or
Taluka or Ward Co-operative Election Officer shall, within 10 days from its
receipt, call for inviting claims and objections from the members of the
society.
|
|
(3)
|
If any
committee fails to deliver copies of the provisional lists of voters to the
election officer on or before the due date, the District Cooperative Election
Officer or Taluka or Ward Co-operative Election Officer shall himself or
through any persons authorized by him in this behalf, prepare such
provisional list of voters and the expenditure incurred therefor shall be
recovered from the committee responsible therefore, as arrears of land
revenue.
|
|
(4)
|
In the event
of the District Co-operative Election Officer or Taluka or Ward Co-operative
Election Officer taking action under the last preceding sub-rule, he shall
also cause copies of the provisional list of voters to be displayed on his
notice board and on the notice board of the District Co-operative Election
Officer or Taluka or Ward Co-operative Election Officer and of the society
within 10 days from the date of receipt of such list from the society for
inviting claims and objections from the members of the society:
|
|
Provided that,
such list may be published on official website of SCEA and Co-operation
department.
|
||
10.
|
Particulars to be included in the provisional list of voters for the
societies having society or society and individuals as members.-
|
|
(1)
|
The provisional
list of voters in case of individual Active members shall contain the name,
father’s or husband's name, surname, age, gender if any, with address
recorded in the register of members in Form ‘E-3’ of every person entitled to
be registered as voter with such other particulars as may be necessary to
identify him.
|
|
(2)
|
Where a
society or firm is the member of Society, the District Co-operative Election
Officer or the Taluka or Ward Co-operative Election Officer shall publish a
date for calling the name of representative, 150 days prior to the date of
expiry of term of office of the Committee. And such society shall send the
name of representative duly authorized to vote at the election on behalf of
the society or firm, so as to reach it to the office of the District
Co-operative Election Officer or Taluka or Ward Co-operative Election Officer
at least 120 days prior to the date of expiry of term of office of the
Committee. The representative authorized by the member society shall be an
active member of the member society.
|
|
(3)
|
While
communicating the name of the representative to the society the affiliated
society shall enclose a copy of the resolution of the society or its
committee as provided under its by-laws, where the representative is so
authorized. The society shall include in the list of voters the names of all
such representatives as have been communicated to it before the date fixed
for publication of the provisional list by the District Co-operative Election
officer or Taluka or Ward Co-operative Election Officer. In addition to the
names of representatives, the list shall contain the name of the affiliated
societies, their registration numbers and addresses with names of the
constituency, if any, to which they belong.
|
|
(4)
|
A society
which has communicated the name of its representative shall, by like resolution,
be permitted to change the name of its delegate only in case of death of the
representative or where there is newly elected committee of the member
society not later than five days before the last date for making nominations.
|
|
11.
|
Claims and objections to the provisional list of voters and the final
list of voters for the societies having society or societies and individuals
as members.-
|
|
(1)
|
When any
provisional list of voters is published for inviting claims and objections,
any omission or error in respect of name or address or other particulars in
the list may be brought to the notice of the District Co-operative Election
Officer or Taluka or Ward Co-operative Election Officer in writing by any
member of the society concerned who is a voter or any representative
authorized to vote on behalf of such society during office hours within 10
days from the date of publication of the provisional list of voters.
|
|
(2)
|
Any member of
the society concerned making a claim or raising objection shall do so by a
separate petition, which shall be presented to the District Co-operative
Election Officer or Taluka or Ward Co-operative Election Officer during
office hours, before the last date published for inviting claims and
objections. Such claims or objections shall be preferred in writing and state
the grounds on which the claim is based or the objection is raised, as the
case may be.
|
|
(3)
|
District
Co-operative Election Officer or Taluka or Ward Co-operative Election Officer
shall, after making such enquiries as deemed necessary in this regard,
consider each claim or objection, and give his decision thereon in writing to
the persons concerned within ten days from the last date prescribed for
receiving the claims and objections and final voters list should be published
within the period of 15 days from the last date prescribed for receiving the
claims and objections. The list as finalized by the District Co-operative
Election Officer or Taluka or Ward Co-operative Election Officer after
deciding all claims and objection shall be final list of voters.
|
|
(4)
|
The copies of
the final list of voters shall be displayed on the notice board of the
District Co-operative Election Officer and also on the notice board of the
society at least ten days before the declaration of the election programme
and in no case later than fifteen days from the finalization of claims and
objections. The District Co-operative Election Officer may also cause it to
be published on the official website of the SCEA, if any.
|
|
(5)
|
If any change
in the final voters list in accordance with sub rule 4 of rule 10 is
required, the District Co-operative Election Officer or the person authorized
by him, after making such inquiry as he deems fit, make necessary changes in
the final voter list.
|
|
PART – IV
|
||
ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS
|
||
12.
|
Appointment of Returning Officers, Assistant Returning Officers and
such other Officers required conducting the elections. -
|
|
(1)
|
The SCEA or
the officer authorized in this behalf shall appoint the Returning Officer and
may also appoint one or more persons to be called as the Assistant Returning
Officer to assist the Returning Officer.
|
|
(2)
|
Every
Assistant Returning Officer, shall, subject to the control of the Returning
Officer and general control of SCEA, be competent to perform all or any of
the functions of the Returning Officer:
|
|
Provided that,
no Assistant Returning Officer shall perform any of the functions of the
Returning Officer which relate to the scrutiny of nominations unless the
Returning Officer is unavoidably prevented from performing the said function:
|
||
Provided
further that, The SCEA may change Returning Officer if required.
|
||
13.
|
Appointment of an Observer. -
|
|
The SCEA may
nominate an observer who shall be an officer of Government to watch the
conduct of elections of a co-operative society and to perform such other
functions may be entrusted to him by the State Co-operative Election
Authority.
|
||
14.
|
General duty of Returning Officer.-
|
|
It shall be
the general duty of the Returning Officer at any election to do all such acts
and things as may be necessary for effectually conducting the election in the
manner provided in these rules and bylaws made there of the society or
societies.
|
||
15.
|
Polling stations. -
|
|
The Returning
Officer shall, if necessary, provide sufficient number of polling stations
for any constituency for which election is to be held and shall publish on
the notice board of the society and in such other manner as he deems fit, a
list showing the polling stations so provided and the polling areas for which
they have respectively been provided.
|
||
16.
|
Appointment of Presiding Officers and Polling Officers.-
|
|
(1)
|
The Returning
Officer shall appoint a Presiding Officer for each polling station and such
polling Officer or Officers as he thinks necessary, but shall not appoint any
person who has been employed by the concerned society or on behalf of, or has
been otherwise working for a candidate in or about the election:
|
|
Provided that,
if a polling Officer is absent from the polling station, the Presiding
Officer may appoint any person who is present at the polling station, other
than a person who has been employed by the concerned society or on behalf of,
or who has been otherwise working for a candidate in or about the election,
to be the Polling Officer during the absence of such officer, and shall
inform the Returning Officer accordingly.
|
||
(2)
|
A Polling
Officer shall, if so directed by the Presiding Officer, perform all or any of
the functions of a Presiding-Officer under the Act or these rules and
bye-laws made there under.
|
|
(3)
|
If the
Presiding Officer, owing to illness or otherwise or due to unavoidable cause,
is absent from the polling station, his functions shall be performed by such
Polling Officer as has been previously authorized by the Presiding Officer,
to perform such functions during his absence.
|
|
17.
|
General duty of Presiding Officer and Polling Officer.-
|
|
(1)
|
It shall be
the general duty of the Presiding Officer at a polling station to keep law
and order and to see that the poll is fairly taken.
|
|
(2)
|
It shall be
the duty of the Polling Officers at a polling station to assist the Presiding
Officer for such station in the performance of his functions.
|
|
(3)
|
The Returning
Officer, Assistant Returning Officer, Presiding Officer, Polling Officer, and
other persons appointed for any of the purposes of these rules shall work
under the general guidance, superintendence and control the State
Co-operative Election Authority or the officer authorized in this behalf.
| |
.jpg)
.jpg)
.png)
.png)