PART - V
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CONDUCT OF ELECTIONS
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18.
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Declaration of Election programmers-
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(1)
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The Returning
Officer, with prior approval of the SCEA, shall draw and declare a programme
of various stages of election, within ten days of the display of final list
of voters of the society, which shall be as follows:-
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(i)
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Date of
declaration of election programme.
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Date to
announce at the time of declaration of programme.
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(ii)
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Last date for
making nominations.
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5 days from
the date of declaration of election programme.
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(iii)
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The date of
publication of list of nominations received.
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As and when
received till the last date fixed for making nominations.
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(iv)
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Date of
scrutiny of nominations.
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Next day of
the last date for making nominations.
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(v)
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Date of
publication of list of valid nominations after scrutiny.
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Next day after
the date of completion of scrutiny.
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(vi)
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Date by which
candidature may be withdrawn.
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Within 15 days
from the date of publication of list of valid nominations after scrutiny.
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(vii)
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Date of
publication of final list of contesting candidates and allotment of election
symbols
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The date next
succeeding the last day fixed for withdrawal of candidatures.
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(viii)
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Date and time
during which and the place/ places at which the poll shall be taken if
necessary
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Not earlier
than 7 days but not later than 15 days from the date of publication of final
list of contesting candidate (time and place to be fixed by the Returning
Officer)
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(ix)
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Date, time and
place for counting of votes.
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Not later than
3rd day from the date of which the poll shall be taken (Time and place to be
fixed by the Returning Officer).
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(x)
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Date of
declaration of results of Voting.
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Immediately
after the counting of votes.
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Explanation :-
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(a)
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If the date in
reckoning dates as specified in the above cases is a public holiday the next
succeeding working day shall be fixed for the respective events;
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(b)
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The proportion
of polling station to number of voters at each polling stations and the place
of polling stations shall be fixed in consultation with the SCEA or District
Co-operative Election Officer. Where the polling Stations are spread over
entire district, town or village in the District, the Returning Officer shall
make arrangement to get all the ballot boxes or Electronic Voting machines to
the office of the Returning Officer or to the concerned Registrar’s office or
to the societies’ or to such other safe place as he may deem fit.
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19.
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Manner of publication of election programme.-
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(1)
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The District
Co-operative Election Officer Shall send a copy of the order made under Rule
18 in Form ‘E-4’ to the society either personally or by special messenger of
the registrar post to the society at the registered address with instruction
to display the copy of the programme on the notice board or website of the
society in addition the said election programme may be displayed on the
notice board or website of the office of the Returning Officer, Registrar,
the SCEA and the District Co-operative Election Officer.
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(2)
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The time
during which poll shall be taken should be mentioned in the election
programme.
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(3)
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Wherever it is
necessary to fix time, date and place for any stage in the election
programme, it shall be fixed by the Returning Officer and shall be mentioned
in the election programme declared by him.
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(4)
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The Election
Programme shall also be published at least in one local daily newspaper for a
society or class of societies by SCEA or District Co-operative Election
Officer as the case may be :
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Provided that,
the societies of which area of operation is within one village or one ward of
municipal corporation, election programme may be published on the notice
board of the society and local body situated in the area of operation as the
case may be.
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(5)
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Except with
the previous approval of the SCEA, the dates fixed under this rule shall not
be changed within 7 days of the date fixed for the poll.
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20.
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Nomination of candidates.-
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(1)
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Any member
whose name appears in the final list may be nominated as the candidate for
the election to fill a seat, if he is qualified to be chosen under the
provision of the Act, rules and the bye-laws of concerned society:
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Provided that,
in case of joint or associate members, only the member whose name stands
first in the share certificate shall be eligible to be nominated as candidate
for the election.
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Provided that,
where the seats are reserved on the committee of any society as provided
under Section 73B and 73C of the Act, any individual member of the society,
or any member of the committee of a member society, whether elected, co-opted
or nominated shall be eligible for being nominated as candidate.
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(2)
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Every
nomination paper presented under Rule 21 shall be completed in Form ‘E-5’:
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Provided that,
a failure to complete or defect in completing the declaration as to symbols
in a nomination paper shall not be deemed to be a defect of a substantial
character within the meaning of these rules.
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(3)
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Any person
whose name is entered in the list of voters may be a proposer or seconded for
nominating a candidate for election :
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Provided that,
in the case of election from constituency of societies, the proposer and the
seconded shall be from the same constituency except reservation falling under
section 73B and 73C.
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(4)
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A nomination
paper shall be supplied by the Returning Officer to any voter on demand and
on payment of such deposit and fees as mentioned in Rule 23 and subject to
change by the SCEA.
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21.
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Presentation of nomination paper and requirements for valid
nominations.-
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(1)
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On or before
the last date for making nominations appointed under Rule 18, each candidate
shall either in person or by his proposer, deliver to the Returning Officer
during the time and at the place specified in the programme declared under
the said rule, a nomination paper completed as provided by Rule 20, and
signed by the candidate and by two voters of his constituency, one of whom
shall be a proposer and the other seconder.
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(2)
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On the
presentation of a nomination paper, the Returning Officer shall satisfy
himself that the names and the numbers of the candidates and his proposer and
seconder as are entered in the nomination paper are the same as those entered
in the list of voters excepting in the case of nomination paper presented
under the provision of sub-section (3)
of section 73B for reserved constituency, the candidate shall attach the
attested copy of the list of existing committee members to which he
represents. If a nomination
paper is rejected under this rule, the Returning Officer shall record thereon
his reasons for rejecting the same:
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Provided that,
the Returning Officer shall permit any clerical or technical error in the
nomination paper in regard to the said names or numbers to be corrected in
order to bring them into conformity with the corresponding entries in the
list of voters and where necessary, any clerical or printing error in the
said entries shall be overlooked.
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(3)
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Any person who
is not subject to any disqualification as a voter under the Act, these rules
or bye-laws and whose name is entered in the list of voters for the
constituency, for which the candidate is nominated, may subscribe as proposer
and seconder:
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Provided that,
the Nomination paper shall be accompanied by an affidavit, specified by SCEA,
wherein the candidate is not disqualified under section 73CA of the Act and
the attested copies of caste certificates.
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(4)
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In the case of
a reserved seat under the provisions of section 73B, a candidate shall not be
deemed to be qualified to be chosen to fill the seats unless the nomination
paper is accompanied with a declaration required under section 73B.
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(5)
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On receiving
nomination paper under sub-rule (1), the Returning Officer shall write or
cause to be written on the nomination paper its serial number, and shall sign
or cause to be signed thereon a certificate stating the date on which and
exact time at which the application was delivered to him.
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22.
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Symbols for elections.-
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(1)
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The Returning
Officer shall specify the symbols that may be chosen by the candidates at the
election from among those specified by the SCEA but he shall not allot any
symbols which are associated with recognized political parties for the state
of Maharashtra.
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(2)
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Where at any
such election, more than one nomination papers are-delivered by or on behalf
of a candidate, the declarations as to symbols made the nomination paper
first delivered and no other declarations, as symbols, shall be taken into
consideration under sub-rule (3) of Rule 28 even if that nomination paper has
been rejected.
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23.
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Deposit and Fees.-
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(1)
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A Candidate
shall not be deemed to be duly nominated for election from a constituency
unless he deposits or causes to be deposited with the Returning Officer the
nomination fee specified hereunder:
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Sr. No.
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Type of Society
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Deposit for Candidate other than
SC/ ST Category
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Deposit for Candidate SC/ ST
Category
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Nomination Form Fee
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1
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Apex Society
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Rs. 5000
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Rs. 1000
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Rs. 200
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2
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The society
having an area of operation is district or more than district
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Rs. 2000
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Rs. 500
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Rs. 100
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3
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Society having
an area of operation is Taluka or more than one Taluka but not a district
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Rs. 1000
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Rs. 300
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Rs. 100
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4
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Society having
an area of operation not more than village or ward
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Rs. 500
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Rs. 200
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Rs. 50
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Provided that, where a candidate has been
nominated by more than one nomination paper for election in the same
constituency, not more than one deposit shall be required of him under this
rule. However, the SCEA shall be competent to fix amount, from time to time,
towards deposits as per aforesaid rule by a candidate in the case of any
society or class of societies in consideration of the financial standing
membership etc. by general or special order :
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Provided if a candidate withdraws his nomination,
the deposit will be refunded within fifteen days of his withdrawal.
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24.
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Notice of nomination and
time and place for the scrutiny.-
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The Returning Officer shall on receiving the
nomination paper under Rule 21, inform the person or persons delivering the
same, of the day, time and place fixed for the scrutiny of nominations and
shall enter on the nomination paper, its serial number and acknowledge the
receipt thereof and shall sign thereon a certificate stating the date on
which and the hour at which the nomination paper has been delivered to him
and shall, as soon as may be therefore, cause to be affixed on the notice
board in his office, a notice of the nomination containing description
similar to those contained in the nomination papers, both the candidates and
of the proposes.
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25.
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Scrutiny of nomination
papers.-
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(1)
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On the date fixed, for the scrutiny of nomination
papers under Rule 18, the candidates, one proposer of each candidate duly
authorized in writing by each candidate, may attend at the time and place
appointed in this behalf, and the Returning Officer shall give or cause to
give them all reasonable facilities for examining the nomination papers of
all candidates which have been delivered as required by Rule 20. No other
person shall be allowed to attend the scrutiny of nomination.
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(2)
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The Returning Officer shall then examine the
nomination papers and shall decide all objections which may be made to any
nomination and may, either on such objection or on his own motion, after such
summary inquiry, if any, as he thinks necessary reject any nomination on any
of the following ground, that is to say :-
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(a)
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that the candidate is disqualified for being
chosen to fill the seat by or under the Act, these rules and bye-laws;
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(b)
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that the proposer or seconder is disqualified
from subscribing a nomination paper;
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(c)
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that there has been a failure to comply with any
of the provisions of Rule 21 or 23;
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(d)
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that the signature of the candidate or the
proposer or the seconder on the nomination paper is not genuine.
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(3)
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Nothing contained in clause (c) or (d) of
sub-rule (2) shall be deemed to authorize the rejection of the nomination of
any candidate on the ground of any irregularity in respect of a nomination
paper, if the candidate has been duly nominated by means of another
nomination paper in respect of which no irregularity has been committed.
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(4)
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The Returning Officer shall not reject any
nomination paper on the ground of any defect which is not of a substantial
character.
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(5)
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The Returning Officer shall hold the scrutiny on
the date appointed in this behalf under Rule 18, and shall not allow any
adjournment of the proceedings, except when such proceedings are interrupted
or obstructed by riot or open violence or by causes beyond his control :
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Provided that, in case any objection is raised by
the Returning Officer or is made by any other person, the candidate concerned
may be allowed time to rebut it, not later than the next day before the
publication of list of valid nomination and the Returning Officer shall
record his decision on the date to which the proceedings have been adjourned.
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(6)
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The Returning Officer shall endorse on each
nomination paper his decision accepting or rejecting the same and, if the
nomination paper is rejected, he shall record in writing, a brief statement
of his reasons for such rejection, and a copy of such statement shall be
immediately supplied on demand to the candidate or to the proposer concerned.
The copy of such statement shall be sent invariably to the SCEA or District
Co-operative Election Officer, as the case may be.
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26.
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Publication of list of valid
nomination :-
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Immediately after all the nomination papers have
been scrutinized and the decisions accepting or rejecting the same has been
recorded, the Returning Officer shall prepare a list of candidates whose
nominations have been accepted. Immediately on the next day after the
scrutiny is over, the Returning Officer shall affix the list on his notice
board and shall record the date on which and the time at which the list was
so affixed :
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Provided that, the Returning Officer shall be
competent to include the names of candidates whose nominations are
subsequently held valid in appeal before Registrar or the Officer specified
by the SCEA.
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27.
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Withdrawal of candidature.-
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(1)
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Any candidate may withdraw his candidature by
notice in writing subscribed by him and delivered to the Returning Officer in
form ‘E-6’.
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(2)
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The notice shall be delivered to the Returning
Officer before 3.00 O’clock in the afternoon on the last date fixed under
Rule 18 for the withdrawal of candidature as specified in the election
programme.
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(3)
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The notice shall be given either by the candidate
or by his proposer in person in writing.
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(4)
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No person who has given a notice of withdrawal of
his candidature under sub-rule (1) shall be allowed to cancel his notice.
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(5)
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The Returning Officer shall, on being satisfied
as to the genuineness of a notice of withdrawal and the identity of person
delivering it under sub-rule (1), cause a notice to be affixed on the notice
board in his office.
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28.
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Preparation of list of
contesting candidates and allotment of symbols.-
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(1)
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On the day next succeeding the last date fixed
for withdrawal of candidature, the Returning Officer shall prepare and
publish in Form ‘E-7’, a list of contesting candidates, that is to say, the
candidates whose names have been finally accepted and who has not withdrawn
their candidatures within the prescribed time on the notice board of his
office.
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(2)
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The said list shall contain the names in
alphabetical order with reference in the names of candidates having surnames
and the names proper of other candidates, in the language and manner in which
the list of voters is prepared and the addresses of the contesting candidates
as given in the nomination papers.
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(3)
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Where a poll becomes necessary, the Returning
Officer shall consider the choice of symbols expressed by the contesting
candidates in their nomination papers and shall-
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(a)
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allot a different symbol to each contesting
candidate in conformity as far as practicable, with his choice; and
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(b)
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If more than one contesting candidates have
indicated their preference for the same symbol, then symbols shall be
allotted on the basis of ‘first come first serve’ and such allotment shall be
final.
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(c)
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If more than 30% of candidates of the total
contesting seats come together and form the group and demand a common symbol
by common written application signed by all the concerned candidates, then
the Returning Officer may allot them a common symbol.
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(4)
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Every candidate shall forthwith be informed of
the symbol allotted to him and be supplied with a specimen provided by the
SCEA there of by the Returning Officer.
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29.
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Appointment of Election
Agents.-
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(1)
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If a candidate desires to appoint any person to
be his election agent, such appointment shall, subject to the provisions of
sub-rule (3), be made by him in Form ‘E-8’. The candidate shall give notice
of such appointment to the Returning Officer by delivering or forwarding the
letter of appointment to the Returning Officer at the time of presentation of
the nomination paper or at any time thereafter before or at the time of
allotment of the symbols.
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(2)
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The appointment of the Election agent may be revoked
by the candidate at any time by a declaration in writing signed by him and
lodged with the Returning Officer. Such revocation shall take effect from the
date on which it is so lodged. In the event of such a revocation or of the
death of an election agent, whether that event occurs before or during the
election, or after the election but before the account of the candidate
election expenses has been lodged with the Returning Officer in prescribed
the candidate may appoint another person to be his election agent, and notice
thereof shall be given to the Retuning Officer, in the same manner as in the
case of the first election agent.
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(3)
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The candidate may appoint a person as election
agent whose name appears in list of voters.
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(4)
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No person, who is subject to any disqualification
as a voter under the Act, rules or by-laws, so long as the disqualification
subsists, or whose name is not entered in the list of voters for the
constituency for which the candidate is nominated, shall be appointed as an
election agent.
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30.
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Appointment of Polling
Agents and Counting Agents.-
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(1)
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At an election at which a poll is to be taken,
any contesting candidate may appoint one agent and one relief agent to act as
Polling Agents of such candidate, at each polling station. Such appointment
shall be made by a letter in writing in Form ‘E-8A’, signed by the candidate.
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(2)
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The candidate shall deliver the letter of
appointment to Polling Agents who shall, on the date fixed for the poll,
present it to and sign the declaration contained therein, before the
Presiding Officer. The Presiding Officer shall retain a letter presented to
him in his custody. Polling Agent shall not be allowed to perform any duty at
the Polling Stations unless he has complied with the provisions of this rule.
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(3)
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The Polling Agents may work as Counting Agents as
per the authority given by the candidate in Form ‘E-8A’
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(4)
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Each contesting candidate may appoint not more
than two agents to act as Counting Agents of such candidate by a letter in
writing in duplicate in Form ‘E-8A’ signed by the candidates. Before the
commencement of the counting of votes, the candidate shall give notice of the
appointment of such Counting Agents to the Returning Officer by forwarding to
such officer the letter of appointment. The candidate shall also deliver the
duplicate copy of the letter of appointment to the Counting Agent who shall,
on the date fixed for the counting of votes, present it to, and sign the
declaration contained therein before the Returning Officer. The Returning
Officer shall retain the duplicate copy presented to him in his custody. No
Counting Agent shall be allowed to perform any duty at the place fixed for
the counting of votes, unless he has complied with these provisions.
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31.
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Death of candidate before
poll.-
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If a contesting candidate dies and a report of
his death is received by the Returning Officer before the commencement of the
poll, the Returning Officer shall, upon being satisfied of the fact of the
death of candidate, countermand the poll and inform the SCEA or District
Co-operative Election Officer along with the proceedings with reference to
the election, and the election shall be commenced in all respect, as if for a
new election:
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Provided that, no further nomination shall be
necessary in the case of a person who was a contesting candidate at the time
of the countermanding of the poll:
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Provided further that, no person who has given a
notice of withdrawal of his candidature Under Rule 27 before the
countermanding of the poll shall be eligible for being nominated as a
candidate for the election after such countermanding :
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Provided further that, no fresh notice of
withdrawal by the candidate whose nomination is accepted before the
countermanding shall be accepted by the returning officer for the election
after such countermanding.
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32.
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Uncontested election.-
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If after the expiry of the period within which
candidatures may be withdrawn Under Rule 27, the number of candidates in the
constituency whose nominations have been accepted is equal to or less than
the number of seats to be filled, the Returning Officer shall forthwith
declare such candidate or all such candidates to be duly elected to fill the
seat or the relevant number of seats, as the case may be, and shall complete
and certify the declaration in Form ‘E-9’ and inform the SCEA or the District
Co-operative Election Officer or Taluka or Ward Co-operative Election Officer,
as the case may be.
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