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

Chapter E8 : Election Expenses

  1. Account of election expenses -
    1. Every candidate at an election shall either by himself or by his Election Agent keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his Election Agent between the date of the order calling the election and the date of declaration of the result thereof, both dates inclusive within the period of thirty days from the date of declaration of the result.
    2. The account shall contain such particulars as are specified in rule 67
    3. The total of the said expenditure shall not exceed such amount as may be notified by the SCEA.
    4. Every contesting candidate at an election shall, lodge with the District Co-operative Election Officer through the Returning Officer an account of his Election expenses within the time and in the manner in rule 67.
  2. Disqualification for failure of lodge account of election expenses. - If the District Co-operative Election Officer is satisfied that a person,-
    1. has failed to lodge an account of election expenses within the time and in the manner required by the last preceding section, and
    2. has no good reason or justification for the failure, the District Co-operative Election Officer shall, by order published, in the Official Gazette, declare him to be disqualified for being elected as, and for being, a member of the committee of any society, and any such person shall be disqualified for a period of three years from the date of the order.
  3. Particulars of account of election expenses. -
    1. The account of election expenses to be kept by a candidate or his election Agent under rule 65 shall contain the following particulars in respect of each item of expenditure from day to day, namely :-
      1. The date on which the expenditure was incurred or authorized ;
      2. the nature of the expenditure (as for example, travelling, postage or Printing and the like) ;
      3. the amount of the expenditure :-
        1. the amount paid ;
        2. the amount outstanding ;
      4. the date of payment;
      5. the name and address of the payee ;
      6. the serial number of voucher, in the case of amount paid ;
      7. the serial number of bills, if any, in case of amount outstanding ;
      8. the name and address of the person to whom the amount outstanding is payable.
    2. All vouchers shall be lodged alongwith the account of election expenses, arranged according to the date of payment and serially numbered by the candidate or his Election Agent and such serial numbers shall be entered in the account under item (f) of sub-rule (1).
    3. It shall not be necessary to give the particulars mentioned in item (c) of sub-rule (1) in regard to items of expenditure for which vouchers have not been obtained.
  4. Notice by Returning Officer for inspection of accounts. -The Returning Officer may, within two days from the date on which the account of election expenses has been lodged by a candidate under rule 65, cause a notice to be affixed to his notice board, specifying :-
    1. the date on which the account has been lodged ;
    2. the name of the candidate ; and
    3. the time and place at which such account can be inspected.
  5. Publication of names of members of the Committee. -
    1. On receipt of the declaration under rule 32 or, of the election results under rule 64, the SCEA or the District Co-operative Election Officer shall publish within two days the names of all elected committee members by causing a list of such names together with their permanent addresses and the names of constituencies from which they are elected, to be posted on the notice board or at any prominent place in his office.
    2. The SCEA or the District Co-operative Election Officer shall send a list of all the elected committee members to the society and to the Registrar.
  6. Return of forfeiture of candidate's deposit. -
    1. The deposit made under rule 23 shall either be returned to the person making it or his representative heir or be forfeited to the Election Fund.
    2. Except in cases hereinafter mentioned in this rule, deposit shall be returned as soon as practicable after result of the election is declared.
    3. If the candidate is not shown in the list of contesting candidates, or he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be.
    4. Subject to the provisions of sub-rule (3), the deposit shall be forfeited to the Election Fund, if at an election, where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one-tenth of the total number of valid votes polled by all the candidates or, in the case of election of more than one member at the election one-tenth of the number of valid votes, so polled divided by the number of members to be elected.
  7. Custody of papers relating to elections. - The Returning Officer shall keep in custody the packets referred to in rule 51 and all other papers relating to the elections up to 6 months from the date of declaration of result or in the case of election dispute as directed by the Court.
  8. Production and inspection of election papers. - The Returning Officer shall keep in custody the packets referred to in rule 51 and all other papers relating to the elections up to 6 months from the date of declaration of result or in the case of election dispute as directed by the Court.
    1. While in the custody of the Returning Officer,-
      1. the packets of unused ballot paper;
      2. the packets of used ballot papers whether valid, tendered or rejected;
      3. the packets of marked copies of the voters list;
        4. shall not be opened and their contents shall not be inspected by, or produced before, any person or authority, except under the order of the Court.
    2. All other papers relating to the election shall be open to public inspection.
  9. Disposal of election papers. -
    1. The packets referred to in rule 72 shall be retained for a period of six months and shall thereafter be destroyed, subject to any direction to the contrary given by the SCEA or the Court.
    2. All other papers relating to the election shall be retained until the termination of the election for the constituency to which they relate and shall thereafter be destroyed subject to any direction to the contrary given by the Commissioner or the court or other competent authority.
  10. Casual vacancies how to be filled in. - In the event of vacancy occurring on account of death, resignation, disqualification or removal of the member of a society or through such a member becoming incapable of acting prior to the expiry of his term of office or otherwise, the Chief Executive officer of the Society shall forthwith communicate the occurrence of such vacancies to the SCEA and the vacancy shall be filled as soon as conveniently, according to the provisions of the Act. The person so elected or co-opted or, as the case may be, nominated shall hold office so long only as the member of the committee in whose place he is elected, is co-opted or, as the case may be, nominated would have held it, if the vacancy had not occurred.

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