CSLawship: Society Elections Chapter 5

Maharashtra Co-operative Societies (Election to Committee) Rules, 2014.

Chapter E5 : Conduct of Elections

  1. Declaration of election programme - 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 :-
    (i) Date of declaration of election programme   Date to be announced at the time of declaration of programme.
    (ii) Last date for making nominations.   5 days from the date of declaration of election programme.
    (iii) The date of publication of list of nominations received   As and when received till the last date fixed for making nominations.
    (iv) Date of scrutiny of nominations.   Next day of the last date for making nominations.
    (v) Date of publication of list of valid nominations after scrutiny.   Next day after the date of completion of scrutiny.
    (vi) Date by which candidature may be withdrawn.   Within 15 days from the date of publication of list of valid nominations after scrutiny.
    (vii) Date of publication of final list of contesting candidates and allotment of election symbols   The day next succeeding the last day fixed for withdrawal of candidatures.
    (viii) Date and time during which and the place/ places at which the poll shall be taken, if necessary   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)
    (ix) Date, time and place for counting of votes.   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).
    (x) Date of declaration of results of voting.   Immediately after the counting of votes.
    Explanation. -
    1. 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;
    2. 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.
  2. Manner of publication of election programme. -
    1. 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 or by registered post to the society at the registered address with instruction to display the copy of the program on the notice board or website of the society in addition the said election program may be displayed on his notice board or website on behalf of the SCEA.
    2. The time during which poll shall be taken should be mentioned in the election programme.
    3. 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.
    4. The Election Programme shall also be published at least in one local daily newspaper for a society or class of societies by the Returning Officer or SCEA, as the case may be:
      Provided that, in case of societies of 'C' and 'D' types election program may be published on the notice board of the society and local body situated in the area of operation, as the case may be.
    5. Except with the previous approval of the SCEA, the dates fixed under this rule shall not be changed within seven days of the date fixed for the poll.
  3. Nomination of candidates.-
    1. Any member whose name appears in the final list of voters 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:

      2. 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.
      Provided further that, in case of associate members of co-operative housing society and cooperative premises society, the member whose name stands first in the share certificate shall be eligible to be nominated as candidate for the election. In absence of such person whose name stands second as associate member and in the absence of both, the person whose name stands next and likewise in the absence of the preceding persons the person whose name is next on the share certificate, who is not a minor shall be eligible to be nominated as candidate for the election.
    2. Every nomination paper presented under rule 21 shall be completed in FORM 'E-5': 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.
    3. Any person whose name is entered in the final list of voters may be a proposer or seconder for nominating a candidate for election:

      4. Provided that, in the case of election from constituency of societies, the proposer and the seconder shall be from the same constituency except reservation falling under section 73 B and 73C.
    4. A nomination paper shall be supplied by the Returning Officer to any voter on demand and on payment of such fees as mentioned in rule 23 and subject to change by the SCEA.
  4. Presentation of nomination paper and requirements for valid nominations.-
    1. 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.
    2. 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 provisions 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 :
      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.
    3. 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 :
      Provided that, the nomination paper shall be accompanied by an affidavit , specified by SCEA, mentioning the candidate is not disqualified under section 73CA of the Act and the attested copies of caste certificates.
    4. 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.
    5. 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.
  5. Symbols for elections.-
    1. 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.
    2. 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.
  6. Deposit and Fees. -
    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 here under,-
    Sr.No. Type of Society Deposit for Candidate other than SC / ST Category Deposit for Candidate SC / ST Category Nomination Form Fee
    (1) (2) (3) (4) (5)
    1. Apex Society Rs.5000 Rs.1000 Rs.200
    2. The society having an area of operation is district or more than district Rs.2000 Rs.500 Rs.100
    3. Society having an area of operation is taluka or more than one taluka but not a district Rs.1000 Rs.300 Rs.100
    4. Society having an area of operation not more than village or ward Rs.500 Rs.200 Rs.50
    Provided that, where a candidate has filed by more than one nomination paper for election in the same constituency, not more than one deposit shall be required to be paid by 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 :
    Provided further that, if a candidate withdraws his nomination, the deposit will be refunded within fifteen days of his withdrawal.
  7. Notice of nomination and time and place for the scrutiny. -
    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 shall 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.
  8. Scrutiny of nomination papers. -
    1. 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.
    2. 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 grounds, that is to say :-
      1. that the candidate is disqualified for being chosen to fill the seat by or under the Act, the Rules and the bye-laws ;
      2. that the proposer or seconder is disqualified from subscribing a nomination paper ;
      3. that there has been a failure to comply with any of the provisions of rule 21 or 23 ;
      4. that the signature of the candidate or the proposer or the seconder on the nomination paper is not genuine.
    3. 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.
    4. The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.
    5. 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 :
      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.
    6. 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.
  9. Publication of list of valid nomination. - Immediately after all the nomination paper have been scrutinized and the decisions accepting or rejecting the same have 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 :
    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.
  10. Withdrawal of candidature. -
    1. Any candidate may withdraw his candidature by notice in writing subscribed by him and delivered to the Returning Officer in FORM 'E-6'.
    2. 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.
    3. The notice shall be given either by the candidate or by his proposer in person in writing.
    4. No person who has given a notice of withdrawal of his candidature under sub-rule (1) shall be allowed to cancel his notice.
    5. 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.
  11. Preparation of list of contesting candidates and allotment of symbols. -
    1. 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.
    2. 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.
    3. 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-
      1. allot a different symbol to each contesting candidate in conformity as far as practicable, with his choice ; and
      2. 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.
      3. 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.
    4. Every candidate shall forthwith be informed of the symbol allotted to him and be supplied with a specimen provided by the SCEA thereof by the Returning Officer.
  12. Appointment of Election Agents. -
    1. 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.
    2. 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 on 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 manner 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.
    3. The candidate may appoint a person as election agent whose name appears in list of voters.
    4. No person, who is subject to any disqualification as a voter under the Act, rules or bye-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.
  13. Appointment of Polling Agents and Counting Agents. -
    1. 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 and Counting Agents of such candidate, whose name appears in the list of voter, at each polling station. Such appointment shall be made by a letter in writing in FORM 'E-8A', signed by the candidate.
    2. The candidate shall deliver the letter of appointment to Polling Agent 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.
    3. The Polling Agent may work as Counting Agent as per the authority given by the candidate in Form 'E-8A'
    4. 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.
  14. Death of candidate before poll. - 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:
    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:
    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:
    Provided also 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.
  15. Uncontested election. - 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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