In exercise of the powers conferred by
Sub-section (2) of Section 144-F, sub-section (4) of section 144-T. section
144-X. and clauses (xi) and (lxxv) of sub-section (2) and sub-section (1) of
section 165 of the Maharashtra Co-operative Societies Act. 1960 (Mah. XXIV of
1961) and of all other powers enabling it in this behalf, the Government of
Maharashtra, hereby, makes the following rides, the same having been previously
published, namely : - (1)
These rules may be called
the Maharashtra Specified Co-operative Societies Elections to Committees Rules,
1971. (2)
They extend to the whole of
the State of Maharashtra. (3)
These rules shall apply to
the elections to the committees of specified societies. In these rules, unless the context
otherwise requires,- (a)
"Act" means the
Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961); (b)
[1]["Constituency"
means an electoral division as specified in the bye-laws of the Society : Provided that, in the case of any
District Central Co-operative Bank, notwithstanding anything contained in these
rules or in the bye-laws or election rules of such Bank, for the purpose of
election of any member or members of the committee of such Bank representing
the primary agricultural credit and multi-purpose societies and grain banks,
the number of the constituencies shall be the same as the number of the members
of the committee of such Bank representing the primary agricultural credit and
multi-purpose societies and grain banks. Each local area in the District, which
is constituted as a Block under the Maharashtra Zilla Parishads and Panchayat
Samitis Act, 1961 or as a Taluka under the Maharashtra Land Revenue Code. 1966.
or as may be specified in the bye-laws or election rules of such bank, shall be
a constituency, but where there are more Blocks or Talukas than the number of
members of the committee representing the primary agricultural credit and
multipurpose societies and grain banks, each constituency shall consist of one
or more such blocks or Talukas, as the case may be. as may be specified in the
bye-laws or election rules of such Bank.] [2][***] (c)
?"Election" includes the first
general or regular election of a specified society after its registration : (d)
"Form" means a
Form appended to these rules; (e)
"List of Voters"
means the list of voters as finalised In accordance with sub-rule (4) of rule
6; (f)
"Public Holiday"
means any day which is a public holiday for the purpose of section 25 of the
Negotiable Instruments Act, 1881 (26 of 1881) or any day which is declared by
the State Government to be a holiday for Government offices in the State or any
part thereof; (g)
"Reserved seat"
means a seat reserved for the members belonging to the Scheduled castes,
Scheduled tribes, Vimukta Jatis and weaker sections under section 73-B; (h)
?"Returning Officer" includes the
Assistant Returning Officer; (i)
"Section" means a
section of the Act; (j)
[3]["Specified
societies" or "society" means a specified society as defined in
clause (c) of sub-section (2) of section 144-A;] (k)
words and expressions used
in the Act and not defined in these rules shall have the meaning assigned to
them in the Act. The District Deputy Registrar shall, by
the 5th day of April every year, report to the Collector the names and
addresses of the societies in his District, in which elections are to be held
during the year under the provisions of section 73G read with Chapter XI-A. The
District Deputy Registrar shall send to the Collector with his report two
copies of the bye-laws of each of the said societies. 1.
[4][A
provisional list of voters shall be prepared by every society for the year in
which general election is due to be held. 5[The persons who have completed
minimum period of two years as members from the date of their enrollment
before] 30th June of the year immediately preceding the year in which such
election is due shall be included in the provisional list. 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 :] [5][Provided
that, if in any case, the preparation of the provisional list of voters falls
due after the expiry of a period of six months from the 30th June, the
Collector may, in consultation with the Registrar in respect of the societies
of the categories mentioned in clauses (i), (v), (vi) and (vii) of Sub-section
(1) of section 73G, and in consultation with the District Deputy Registrar in
respect of the societies the other categories mentioned in Sub-section (1) of
section 73G, by order, change the date of the 30th June, and subsequent dates
and fix revised dates for the purpose of these rules.] 2.
Four copies of the
authenticated provisional lists of voters shall be sent by every society to the
Collector through the District Deputy Registrar so as to reach the Collector by
the 15th July, of the year in which the general election is due. Copies of the
said list shall be displayed on the notice board of the society, the District
Deputy Registrar and the Collector by the 20th July of that year for inviting
claims and objections. 3.
(3) If any society fails to
send copies of the provisional list of voters to the Collector through the
District Deputy Registrar, by 4[the 15th July.) the Collector shall himself or
through any person authorised by him, in this behalf, prepare a provisional
list of voters and the expenditure incurred therefor, shall be recovered from
the society as arrears of land revenue. 4.
In the event of the
Collector 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 Deputy Registrar and the society by
3[the 23rd July,] for inviting claims and objections. NOTES;- Voters list:- Once list is
prepared and finalised, under no Rule or legal provision the Collector could
delete name of a voter from final list. Parbhani Zilla Krushi Udyog Sarva Seva
Sahakari Sanstha Ltd., Parbhani v. State of Maharashtra. 1983 (1) Bombay C.R.
500. Provisional list of voters - It contain
only those persons who were valid members as on June. 30 immediately preceding the
year in which term of the managing committee was to expire. (Now with amendment
made in 1971, the date was fixed as 15th July.) The year in which the general
election to the society is due is the date as per the operation of law but not
clue after the expiry of period as postponed by the State Government.
Ramchandra Ganpa Shinde and another v. The State of Maharashtra and others.
(1993) 4 SCC 216. 5.
Collector's power to prepare
voters list.- In the instant case High Court found that the Collector has issued
the letter to the District Dy. Registrar, he could have invoked the powers
under sub-rule (3) of rule 4 of 1971 Rules for the purpose of getting the
provisional list. The moment the Collector invokes the powers under rule 4(3)
it becomes abundantly clear that the society or Board of Directors have failed
to proceed with the election, and therefore, coercive method are required to be
taken against the society by preparing the voters' list by the Collector
himself and recovering amount incurred therefore as arrears of land revenue.
The officers of the State Government issued order superseding Board of
Directors under section 77A of the Act was justified. The High Court denied to
interfere with the order. Sahebrao Narayanrao Patil v. State of Maharashtra. 2000
(3) Mah. L. J. 644 : 2001 (Supp.) Bombay C. R. 135. 6.
Preparation of list of
voters - The preparation of list of voters for election to the managing
committee of a specified society is an intermediate stage in the process of
election. The High Court decided that, the parties should raise the necessary
dispute by way of substantive election petition as provided for under sec. 144T
of the Act. - Shri Someshwar Sahakari Sakhar Karkhana Ltd. Someshwarnagar v.
Shrinivas Patil. Collector. Pane and others 1992 Mah.L.J. 883 : 1952 Co-op
Cases 373 See also Taluka Shetkari Sahakari Kharedi Vikri Sangh Maryadit v.
Collector. Osrnanabad, 1989 C.T.J. 45. 7.
When a person gets his name
included in Register of Members as on 30th June, he has right to get his name
included in the provisional voters list of. Dhondiba v. Someshwar Sahakari
Sakhar Karkhana. 1979 Mah. L.J. 311. Namdeo Govindrao Patil v. State of
Maharashtra, 1984 C.T.J. 276. See case under Rule 5. 8.
Sugar-cane growers'
membership :-When the membership of Sugarcane growers were granted by the
chairman of sugar factory without following procedure of the Act etc., the
membership so granted to specific member was set aside and directed the Jt.
Director to hold inquiry. High Court further held that. If the petitioners are
not members of the society, then they cannot raise any objection nor can make
an application against the membership. Eknath Ashiram v. State. 1991 C.T.J. 34
(Bombay H.C.). (1)
The provisional list of
voters in the case of individual share holders, shall contain the name,
father's or husband's name,- surname (if any) of every person entitled to be
registered as a voter, with such other particulars as may be necessary to
Identify him. (2)
[6][Where
a society is a member of a specified society, the specified society shall call
for the name of the delegate duly authorised to vote at an election on behalf
of the affiliated society, so as to reach it by the 2nd July. While
communicating the name of its delegate to the specified society the affiliated
society shall enclose a copy of the resolution of the society, or its committee
under which the delegate is so authorised. The specified society shall include
in the list of voters the names of all such delegates as have been communicated
to it before the date fixed for publication of the provisional list. In
addition to the names of the delegates, the list shall contain the names of the
affiliated societies, their registration numbers and addresses and the names of
constituencies if any. to which they belong. A society which has communicated
the name of its delegate shall by like resolution be permitted to change the
name of its delegate not later than 7 days before the date appointed by the
Collector under rule 16 of said rules for making nominations.] NOTES;- Rejection of application under
Rule 5(2) not proper. - It was stated that petitioner has not specifically
pleaded the change in name of representative of affiliated society was brought
by a like resolution as envisaged in Rule 5(2). It was. however, stated that
resolution along with letter as provided under Rule 5(2) was submitted to the
Returning Officer. The High Court held, that, pleading was sufficient to make
opponent aware about said ground in election petition. Petition could not be
dismissed on ground that pleadings did not make out any triable issue.
Shivnaraijan v. Vasantrao. 1992 Mah. L.J. 1052. (3)
The delegate having
authority to vote has no right of proposing or seconding a candidate of his
choice and has merely an authority to vote on behalf of the affiliated society.
The right of proposing or seconding a candidate is vested exclusively in the
affiliated society. Namdeo Govindrao Paul v. State of Maharashtra. 1984 C.T.J.
276 : 1984 (1) Bombay C.R. 592. See case under Rule 18. (4)
Under the provisions of Rule
5(2) of the said Rules it is open for a society which has communicated the name
of its delegate, to change the name of its delegate not later than 7 days
before the date appointed by the Collector under rule 16 of the said Rules, for
mak'ing nomination. Collector rejected the application on the ground that the
Resolution effecting the change was passed after date of publication of
provisional voters list. The High Court set aside the order of the Collector
and directed to redecide the objection raised bv the petitioner. Anandrao
Vithohqji Umre v. Collector. Chandrapur. 2002 (2) Mah. L. J. 274. (5)
Collector not effecting
change in name of delegate is violation of rule 5(2) of Rules, 1971.- In the
case of Pundalik v. State of Maharashtra and otheRs. 2005 (5) All M. R. 1082
(SC) any election of Committee members was to be held in accordance with a
Maharashtra Specified Cooperative Societies Election to Committees Rules, 1971.
The Collector published the programme of various steps to be finalized of the
voters' list. As per that programme, any objection for inclusion of names in
the voters' list was to be taken before June 10, 2005. It was mentioned that if
the Sangh wanted to change the name of the delegate it could do so latest by
June 10, 2005. Pursuant to the said communication received from the Collector,
a meeting of the Managing Committee of the society was convened on June 9. 2005
and it was decided to send the name of the appellant as the delegate of the
Sangh for the election of Mahasangh. The resolution to that effect was passed
which inter alia stated that earlier the name of the respondent No. 7 was sent,
but thereafter, it was decided to send the name of the appellant. Afterwards
the Collector finalized the voters list and the list was published. The
Collector informed the appellant that in the list of the subjects of the
meeting, there was no subject for changing the name of the representative of
the Sangh and, therefore, the change of the representative in the meeting was
not proper. Being aggrieved by the order, the appellant filed a writ petition
which was dismissed by the High Court of Bombay. (6)
In appeal, it was held that
bare reading of rule 5(2) makes it abundantly clear that the society which has
communicated the names of its delegate can change the name of such delegate
within the period stipulated therein. It was. therefore, open to the Sangh to
exercise such power in accordance with rule 5(2) which has been done. It was
further stated that the Collecter has acted contrary to law and the appellant
was wholly justified in making complaint before the High Court. Since the last
date as per the communication of the respondent No. 2 (Collector) was June 10,
2005, the action of respondent - Sangh was within the four corners of rule
5(2). It was contended that the High Court was, therefore, in error in not
allowing petition and granting relief to the appellant. The High Court deciding
appeal held that respondent - Sangh had taken immediate action on receiving the
fax message from respondent No. 2 (Collector). As per the said communication by
the Collector, the action could be taken for change of representative of
respondent - Sangh latest by June 10, 2005. Since the action was taken strictly
in conformity with the provisions of rule 5 of the Rules as also the
communication of respondent No. 2 - Collector ought to have effected the
change. The ground to be forwarded for rejecting the resolution was not correct
in as much as in the agenda notice issued by the respondent -Sangh. The
grievance of the appellant therefore, was, justified that by not effecting the
change and by ignoring the resolution passed by the Managing Committee of the
respondent - Sangh, the Collector has acted contrary to law. The Supreme Court
also further held that the High Court was in error in not allowing the petition
and granting the relief to the appellant. Same view was taken in the case by
three - Judges Bench decision in Ahmednagar Zilla S.D.V. and P. Sangh Limited and
another v. State of Maharashtra and others, (2004) 1 SCC 133. In that case,
election role was prepared on the basis of bye-laws which were held to be
illegal. When the action was challenged it was contended that the Court could
not interfere with the list of voters prepared in accordance with the
provisions of the Rules and only remedy available to the aggrieved party was to
file election petition after election was over. Reliance was placed on Shri
Sant Sadgu.ru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha
and another v. State of Maharashtra and otheRs. 2001 (4) All M. R. 863 (SC) :
(2001) 8 SCC 509 and held that where voters' list had been prepared on the
basis of non-existent rules, it would be illegal and the Court could interfere
under Article 226 of the Constitution. (7)
The Supreme Court held in
the instant case that Sangh was within its authority conferred under the Rules
to take an appropriate decision for change of its representative/delegate
within the stipulated period and such action had been taken by the
respondent-Sangh. The action of respondent No. 2 - Collector in not effecting
change was clearly in violation of rule 5(2) and could be challenged by filing
a petition under Article 226 of the Constitution. Supreme Court further held
that respondent No. 2 - Collector was duty-bound to effect change of
representative/delegate of respondent-Sangh. (8)
Words and phrases : Word
"majority".- The word 'majority' used in the context of relevant
by-law only means member getting maximum number of votes. It does not mean 51%
or more votes. For instance if a Managing Committee consists of 14 members, who
have right to vote and if there are three candidates getting 6, 5 and 3 votes
respectively, none has got 51% votes through majority and hence the society
will not be qualified to send its representative for election of the apex
society. That is not the intention of the Act. Rules, or By-laws. Obviously, in
such a situation, the member having maximum number of votes would be able to
represent the society in the election of the apex society. "- See ibid. (9)
If the supplementary voters
list is issued replacing names of such delegates, opportunity of hearing must
be given to said delegates.-When the final list of voters for election of Board
of Directors of Federal Society is changed and a supplementary list is issued
replacing the names of originally nominated delegates of member societies, the
supplementary list would be liable to be quashed when issued without giving any
opportunity of hearing to said delegates. Any threat to his status as a voter
is reflected in the final list of voters is definitely detrimental to his own
rights and interests as also of the society to which he represents even in the
backdrop of the powers of the society to effect change prior to 7 days before
the last date of nomination and. therefore, taking any steps as regards the
deletion of his name from the final list of voters cannot be permitted to be
done away without giving an opportunity of being heard to him as else the
action in that regard would be nothing but an arbitrary and unreasonable one
making the provision in that regard amenable to challenge of being ultra vires. (10)
High Court further held,
that, as regards affording opportunity of being heard to the delegate whose
name is being sought to be deleted from the final list of voters under the
provisions of Rule 5(2), though there is no express provision in that rule the
omission to provide for it is not conclusive of the fact that the authority
concerned should not follow the rules of natural justice.- Wamanrao Satpute v.
Collector, Nagpur, AIR 1999 Bombay 103 : 1999 Vol.101 (2) Bombay L. R. 101. (1)
When any provisional list of
voters is published for inviting claims and objections, any omission or error
in respect of the name or address or other particulars in the list may be
brought to the notice of the Collector by [7][any member of the society
concerned, who is a voter or any delegate authorised to vote on behalf of such
society). (2)
Every person making a claim
or raising an objection, shall do so by a separate petition, which shall be
presented to the Collector on or before the 31st July, during office hours. (3)
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. (4)
The Collector shall, after
considering each claim or objection, give his decision thereon in writing to
the person concerned before the 10th August and take steps to correct the
provisional list wherever necessary. The list as finalised by the
Collector after deciding all claims and objections shall be the final list of
voters. (5)
[8][Notwithstanding
anything contained in sub-rule (4), any person who is a member of the society
as on the 30th day of July of the year immediately preceding the year in which
such election is due or on such subsequent date as may be fixed by the
Collector under sub-rule (1) of rule 4 and whose name is not included in the final
list of voters prepared by the Collector under sub-rule (4) and who is desirous
of being registered as a voter may apply in writing to the Collector in Form
1-A [9][within a period of fifteen
days from the date of display of final list of voters under rule 7].] (6)
Every such application
received by the Collector shall be forwarded by him within three days of the
date of receipt by him to the District Deputy Registrar for enquiry. The
District Deputy Registrar shall cause an enquiry to be made into the application
and submit his report to the Collector, along with his recommendations within 7
days from the date of receipt of the application by him from the Collector. (7)
The Collector shall after
considering the application and the report of the District Deputy Registrar,
give his decision in writing to the persons concerned, before the first date
fixed for making nominations. If the Collector decides that the name of the
applicant should be registered as a voter, he shall accordingly modify the list
finalised by him earlier under sub-rule (4) and the list so modified shall then
be treated as the final list of voters. NOTES;- Jurisdiction of Collector- While
deciding the objections under rule 6(4), Collector has no jurisdiction to
investigate the validity of the resolution sent by the societies, since the
election process had already commenced, the society is not entitled to stay the
election proceedings.- Dattu Dnyanu Patil, Chairman, Karmale Seva Sahakari
Sanstha Maryadit, Karmale, Dist Sangali v. Collector, Dist Sangli, 1992 C.T.J.
47. Rule 57-A(7)(g)(iii), amendment
required.- The provisions of Rule 57-A(7)(g)(iii) are conflicting and
inconsistent with provision of section 73-ID (1) of the Act as amended. The
provisions of section 73-ID (1) must prevail over the provisions of Rule
57-A(7)(g)(iii) of the Rules. The coram for the special meeting called for by
the Registrar in respect of a motion of no-confidence must be held to be a
simple majority and not be the 2/3rd majority as has been contemplated by the
Legislature by amending the said section in 1997. (8)
The Dist. Deputy Registrar
is empowered to consider the claim or objections regarding inclusion, deletion
or exclusion of the voter's name from the voter's list, without disturbing the
election programme. It is further observed that ordinarily High Court should
not interfere in the matters relating to the preparation of the voters lists
and process of election once it has been set in motion, but there is no rule
prohibiting the exercise of jurisdiction by the High Court under Art. 226 of
the Constitution of India in an exceptional case., - Karbhari Maruti Agawan v.
State of Maharashtra, 1995 (1) Mah.L.R. 451 : 1994 (2) Mah. L.J. 1527 : AIR
1994 Bombay 304. (9)
Collector has no power to
reduce the number of seats for which elections are to be held, by the number of
reserved seats and once there is a list of validly nominated candidates, the
Collector has to proceed further with the electoral process, whether there is
or there is not a candidate available for the reserved seat at the election.
Rule 26 clearly states that the preparation of list of contesting candidates is
to be published in Form 3. There is no place in Form 3 under Rule 26. nor is
there any clause for introducing any information with regard to the reservation
of seat and so there is no obligation to hold any separate election for a
reserved seat. Hukumchand Chunilal Bagmarv. Nasik Merchants Co-operative Bank
Ltd., Nasik. 1984 (1) Bombay C.R. 1; Namdeo Govindrao Patil and others v. State
of Maharashtra and another. 1984 (1) Bombay C.R. 592 : 1984 Mah. L.R. 882 :
1984 C.T.J. 276. See case under Rule 18. (10)
Collector cannot go into the
question whether a person is entitled to be a member or not in proceedings
under Rule 6(5) (6) and (7). Enquiry under Rule 6(5){6) and (7) Collector
cannot hold exercise whether a particular person is entitled to be a member or
not. and if he makes an enquiry about the entitlement to membership of person
shown in the register of members it would be without jurisdiction. Lack of
Collector's jurisdiction in making enquiry of entitlement to membership of a
person shown in the register of members must not be confused and mixed up when
a question arises before him in the proceedings under sub-rule (5) (6) and (7)
of Rule 6 whether such person can exercise right to vote or not, and, whenever
such question arises, the Collector has power to consider the said question in
the light of section 26 of the Act.- Rqjan Dinkarrao Pharate v. State of
Maharashtra. 1997 (1) Mah. L. J. 543. (11)
The purpose of this rule is
not merely to obtain a report and ask the Collector to merely to file it. The
enquiry is to bring it to the notice of the Registrar, and if he thinks fit, he
is not prevented from taking any action under the duties cast on him by the
various provisions of the Act.- Dr. Prakash Marutirao Shere v. The State of
Maharashtra. 1996 (4) All. M.R. 476. (1)
Copies of the final list of
voters of every society, shall be displayed on the notice board of offices of
the Collector, the District Deputy Registrar and the society. NOTES;- The Collector has no
jurisdiction to delete name of the Society from the voters' List. Parbhani
Zilla Krishi Udyog Sarva Sahakari Sanstha Ltd., Parbhani v. State of
Maharashtra. 1983 (1) Bombay C.R. 500. Namdeo . Govindrao Patil and another v.
State of Maharashtra. 1984 C.T.J. 276. See case under Rule 5. (2)
When the voters' list was
prepared, the name of the voter was excluded from the voters' list, at that
time objection was not taken at the time of provisional list or final list. (3)
The Petitioner can have
remedy by way of election petition under section 144 T and not under Rules 5
and 7 of the Mah. Specified Co-operative Socities (Election to Committees)
Rules, 1971. Notwithstanding anything contained in
the foregoing rules, the Collector may, in the case of all or any of the
societies of the categories mentioned in clauses (i). (v). (vi) and (vii) of
sub-section (1) of section 73G, in consultation with the Registrar, and in any
case of all or any of the societies of the categories mentioned in other
clauses of sub-section (1) of section 73G, in consultation with the District
Deputy Registrar, by general or special order, alter all or any of the dates
prescribed therein and appoint such revised dates as he deems fit. The Collector shall, whenever necessary,
appoint a Returning Officer for one or more constituencies of a society as
specified in its bye-laws : Provided that, in case where no other
person is appointed, as a Returning Officer, the Collector himself shall be
deemed to be the Returning Officer and shall perform all the functions of a
Returning Officer under these rules. (1)
The Collector may also
appoint one or more persons to be called the Assistant Returning Officer to
assist the Returning Officer in the performance of his functions. (2)
Every Assistant Returning
Officer shall, subject to the control of the Returning Officer, 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 the nominations, unless the Returning Officer is
unavoidably prevented from performing the said function. It shall be the general duty of
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 the
Act and the rules and bye-laws made thereunder. The Returning Officer shall, if
necessary, provide a sufficient number of polling stations for any constituency
for which election is to be held and shall, at least, [11][fifteen days) before the
date of poll, 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. (1)
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 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 or on behalf of or has been otherwise working for a candidate in or
about the election, to be the polling officer during absence of the former
officer and 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 any of the rules and bye-laws made
thereunder. (3)
If the presiding officer,
owing to illness or other unavoidable cause, is obliged to absent himself from
the polling station, his functions shall be performed by such polling officer
as has been previously authorised by the presiding officer, to perform such
functions during any such absence. (1)
It shall be the general duty
of the presiding officer at a polling station to keep order thereat 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. The Returning Officer. Assistant
Returning Officers, Presiding Officers, Polling Officers and other persons
appointed for any of the purposes of these rules shall work under the general
guidance, superintendance and control of the Collector. (1)
(a) The Collector, in
consultation with the Registrar in the case of societies falling under section
73G (1)(i) and in consultation with the District Deputy Registrar, in the case
of societies falling under other clauses of section 73G (i) shall draw 13[not
earlier than thirty days of the date of display of the final list of voters of
a society under rule 7.] (i)
[12][The
last date for making nomi?nations.Seven days from the date of order of the
Collector. (ii)
The date of publication of
nomi?nations received.As and when received till the last date fixed for making
nominations. (iii)
The date of scrutiny of
nomi?nations.Not later than two days after the last date for making
nominations. (iv)
Date of publication of the
list of valid nominations after scrutiny.Next day after the scrutiny, subject
to the decision of an appeal, if any. (v)
Date of publication of the
list of valid nominations, if an appeal is preferred.Not later than 2 days from
the decision of an appeal. (vi)
Date by which candidature is
withdrawn. Within 15 days from the date of publica?tion of the list of valid
nominations after scrutiny, if an appeal is not preferred or within 5 days from
the date of publica?tion of the valid list of nominations after decision of an
appeal. (vii)
Date of publication of final
list of contesting candidates.The day next succeeding the last date fixed for
withdrawal of candidatureSection 15 days from the date of publication of the
final list of contesting candidates. (viii) Date
on which and the time during which poll shall be taken. (ix)
Date and the time and place
for counting of votes. The second or third day from the date on (x)
Date of declaration of the
re?sults of voting. Explanation :-(1) (a) If the last 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. (b) There shall be at least one polling
station for every 1,000 voters or more and the number and places of the polling
stations shall be fixed in consultation with the societies concerned. In case
the polling stations are spread over either in the district or the town, the
Collector shall make arrangements to get all the ballot boxes 3[to the office
of the Returning Officer or to the registered office of the societies as he
deems fit]. The date on which the ballot boxes should be so brought shall also
be mentioned in the order in Form I : Provided that, the Collector may at his
discretion specify the number of polling stations for a lesser number of voters
with due regard to the convenience of the voters. (c) Except with the previous approval of
the Registrar, the dates fixed under this rule shall not be changed within
seven days of the date fixed for the poll : Provided that, if the Collector is of opinion
that it is necessary in the public interest to modify the order and there is no
sufficient time for obtaining the previous approval of the Registrar to such
modifications, the Collector may, for reasons to be recorded in writing, modify
the order without the previous approval of the Registrar. In every such case,
the Collector shall forthwith send a copy of the modified order along with the
reasons recorded by him for such modification to the Registrar. (2)
Nothing contained in this
rule shall apply when a fresh poll is taken under rule 51. NOTES;- Date notified under Rule 16.-
The date as notified under rule 16 for the purposes of sub-rule (2) of rule 5
would be only the last date for filing of the nomination paper and could not be
permitted to mean the entire period prescribed for filing nomination.-
Shivnarayan v. Vasantrao, 1992 Mah.L.J. 1052.Publication of the final list of
voters for fresh election : Time limit. ? (3)
Rule 16(1) of the Mah.
Specified Co-operative Societies (Election to Committee) Rules, 1971 it is
absolutely clear that the election programme which the Collector is supposed to
Schedule in pursuance of that Rules shall not be so Scheduled and, in any case,
not earlier than thirty days from the date of final list of voters of the
society. If the very basis of the election is in contravention of the
provisions of law or the Rules, everything followed thereafter on the basis of
that programme is bound to be in violation of the provisions of the law and
Rules. The thirty days are to be calculated from the date of the publication of
the final list of voters, and thereafter the election programme will be drawn
strictly in accordance with the provisions of Rule 16.- Rqjendra Narayan
Suryawanslii v. The State of Maharashtra, 2000 (1) Bombay C.R. 902 : AIR 2000
Bombay 83. The Collector shall send a copy of the
order made under rule 16, not later than 25 days before the date fixed for the
poll, to the society either personally or through post under certificate of
posting addressed to the society at its registered place of address and in
addition, the said order-fa) shall be passed on the notice-boards of the
offices of the Collector, the Returning Officer, the District Deputy Registrar
and the society, and (b) shall be published at least in one daily newspaper
circulating in the area of operation of the society. (1)
Any person may be nominated
as a candidate for election to fill a seat, if he is qualified to be chosen to
fill that seat under the provisions of the Act, rules and bye-laws and his name
is entered in the list of voters : [Provided that, in the case of joint or
associate members, only the member whose name stands first in the share
certificate shall be eligible to be nominated as a candidate for the election
:] [13][Provided
further that, in the case of a member contesting election for reserved seats as
provided under the provisions of section 73-B, it is not necessary that his
name should appear in the list of voters.) (2)
Every nomination paper presented
under rule 19 shall be completed in Form II : Substanital [14][Provided
that a failure to complete, or a defect in completing, the declaration as to
symbols in a nomination paper shall not be deemed to be a defect of a
Substanital character within the meaning of sub-rule (4) of rule 23.] (3)
[15][Any
person whose name is entered in the list of voters may be a proposer or a
seconder for nominating a candidate for election:] [16][Provided
that, where the voters in any particular constituency are three or less, the
name of the person to be nominated as the candidate may be proposed or seconded
by voters from any other constituency). (4)
A nomination paper shall be
supplied by the Returning Officer to any voter on demand. NOTES;- Under Rule 18(3) the name of the
person to be nominated as a candidate shall be proposed by a member society
after its committee has passed the necessary resolution and shall be seconded
by another member society. -Namdeo Govindrao Patil and Others v. State of
Maharashtra, 1984 (1) Bombay C.R. 592 : 1984 C.T.J. 276 See case under Rule 5.
Hukumchand Chunilal Baginar v. Nasik Merchants Co-op. Bank Ltd., Nasik and
others, 1984 (1) Bombay CR 1. See case under Rule 6. (5)
In order to be eligible to
contest the election for the Managing Committee of a specified society, a
person has to be a member of the said society. His name should appear in the
voters list. The basic eligiblity that he should be a member is not dispensed
with. Where a nomination paper of women candidate who is not a member of
society is liable to be quashed.- Gangahai Nilkantrao Jadhav v. The State of
Maharashtra. 2000 (2) All. M.R. 238 : 2000 (4) Mah. LJ 69. (6)
Status of non-member.- Rule
18 of Specified Co-operative Societies Election Rules stipulates that to
contest election to Managing Committee, contestant has to be member of
specified society and hence non-member is not eligible to contest the election
of specified society. Sou Gangahai Nilkantrao Jadhav v. The State of
Maharashtra. 2000 (4) Bombay C. R. 48 : 2000 (4) Mh. L. J. 69 : 2000 (2) All M.
R. 238. (1)
On or before the date
appointed under sub-rule (1) of rule 16, 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 order made under the said rule, a nomination paper
completed as provided by rule 18 and signed by the candidate 18[and by two
voters of his constituency one of which shall be a proposer and other
seconder.] (2)
Any person who is not
subject to any disqualification as a voter under the Act, 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 19[and as seconder.] (3)
In the case of a reserved
seat under the provisions of section 73-B. a candidate shall not be deemed to
be qualified to be chosen to fill that seat unless his nomination paper
contains a declaration by him specifying the particular Scheduled caste,
Scheduled tribe or Vimukta Jati of which he is a member [19][or in the case of member
belonging to the weaker section, a declaration that he is a member of such
weaker section within the meaning of section 73-B specifying the particulars of
the general or special order of the State Government under which he claims to
be the member of such weaker section]. (4)
On the presentation of a
nomination paper, the Returning Officer shall satisfy himself that the names
and the numbers of the candidate and his proposer [20](and seconder] as entered
in the nomination paper are the same as those entered in the list of voters referred
to in rule 7. If a nomination paper is rejected under this sub-rule, the
Returning Officer shall record thereon his reasons for rejecting the same and
in that case, the candidate may deliver a fresh nomination paper subject,
however, to all the provisions of this rule : 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
confirmity with the corresponding entries in the list of voters, and where
necessary, any clerical or printing error in the said entries shall be
over-looked. (1)
The Returning Officer shall
specify the symbols that may be chosen by the candidates at the election from
among those specified by him, but he shall not allot any symbols which are
associated with political parties. (2)
Where at any such election,
more nomination papers than one are delivered by or on behalf of a candidate,
the declarations as to symbols made in the nomination paper first delivered,
and no other declarations as to symbols shall be taken into consideration under
Rule 26 even if that nomination paper has been rejected. 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 a sum of rupees fifty in cash and where
the candidate is member of Scheduled castes or Scheduled tribes or Vimukta
Jatis or of a weaker section a sum of rupees five : 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. The Returning Officer shall on receiving
the nomination paper under rule 19 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 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 thereafter cause
to be affixed in some conspicuous place in his office, a notice of the
nomination containing descriptions similar to those contained in the nomination
paper, both of the candidate and of the proposer. (1)
On the date fixed for the
scrutiny of nomination papers under Rule 16, the candidates, their election
agents, one proposer of each candidate and one other person duly authorised in
writing by each candidate, but no other person, may attend at the time and
place appointed in this behalf under rule 16, and the Returning Officer shall
give them all reasonable facilities for examining the nomination papers of all
candidates which have been delivered as required by rule 19. (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- (a)
that the candidate is
disqualified for being chosen to fill the seat by or under the Act; (b)
that the proposer is
disqualified from subscribing a nomination paper; (c)
that there has been a
failure to comply with any of the provisions of rule 19 or 21; (d)
that the signature of the
candidate or the proposer on the nomination paper is not genuine. (3)
Nothing contained in clause
(c) or (d) of sub-rule (2) shall be deemed to authorise 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 16 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, 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, shall record in writing a brief
statement of his reasons for such rejection. (7)
For the purposes of this
rule, the production of a certified copy of an entry made in the voters' list
of the relevant constituency shall be conclusive evidence of the right of any
voter named in that entry to stand for election, unless it is proved that the
candidate is disqualified. NOTES;- After a nomination paper is
taken up for scrutiny and the scrutiny is completed after examination of all
the objections a fresh objection of same is not intended under Rule 23 at a
later time. Abdul Khalekh Mohd. Musa v. Ramkrishna Maroti Bangar, 1985 (2)
Bombay C.R. 250 : 1985 C.T.J. 587. (8)
Nomination paper cannot be
rejected on ground that proposer or seconder is himself contesting condidate
R.B. Deotale v. Returning Officer, 1974 Mah.L.J. Note 41. (9)
Time can be given to
candidate to show that disqualification did not subsist and not to show that
disqualification is cured. - The process of election includes all steps right
from publishing of voters' list, filing of nomination papers till declaration
of results. The nomination or co-option will not necessarily involve all such
steps. The candidate who offers himself for election has to be
qualified/eligible on the date when he submits the nomination paper. Scrutiny
is of nomination paper and therefore, of eligibility of candidate at the time
when he filed it. The candidate has to be therefore, eligible and not
disqualified on his last date. The scrutiny is of nomination as filed and rule
23(4) only requires that the nomination paper cannot be rejected on defects
which are not of substantial nature. Character/ineligibility of candidate as
defaulter or otherwise is a defect which is of substantial nature and this is
substantiated by requirement of rule 23(5) which permits candidate time to show
that he was not disqualified. Rule 23(5) does not permit candidate to take
steps to cure the defect discovered during scrutiny. Granting of time by
Returning Officer to cure disqualification is not contemplated by proviso to
rule 23(5) of the Rules.- RaviAmrutrao Bagde v. The Commissioner, Amravati
Division, Amravati and others, 2006 (1) All M. R. 781. (10)
Disqualification for
election- The date on which the Returning Officer is to record his decision
under this rule and Rule 56-R of the Mah. Co-op Societies Rules would be
crucial date and that date cannot be allowed to be crossed for the purposes of
finalising and publishing the list of the candidates contesting the elections.
If the disqualification did not exist on the date of dicision by Returning
Officer question of curing it did not arise. Ramesh Rqjaram Patil v. The
Additional Commissioner, 1995(2) Bombay C.R. 264: 1995 (1) Mah.L.R. 380. Immediately after all the nomination
papers have been scrutinised and decision accepting or rejecting the same have
been recorded the Returning Officer shall prepare a list of candidates whose
nominations have been accepted. Immediately 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. (1)
Any candidate may withdraw
his candidature by notice in writing in Form II-A and deliver to the Returning
Officer. (2)
The notice shall be
delivered to the Returning Officer before 3 o'clock in the afternoon on [21][the last date fixed under
rule 16 for withdrawal of [22][candidatures].] (3)
The notice may be given
either by the candidate in person or by his proposer or election agent who has
been authorised in his behalf in writing by the candidate. (4)
No person who has given a
notice of withdrawal of his candidature under sub-rule (1) shall be allowed to
cancel the notice. (5)
The Returning Officer shall,
on being satisfied as to the genuiness 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. (1)
[23][On
the day next succeeding the last date fixed under Rule 16 for withdrawal of [24][candidatures] the
Returning Officer shall prepare and publish in Form III a list of contesting
candidates, that it is to say, candidates whose nomination papers have been finally
accepted and who have not withdrawn their candidature [25][within the prescribed
period.] (2)
The said list shall, subject
to the provisions of sub-rule (3), contain the names in alphabetical order in
the language in which the list of voters is prepared and the addresses of the
contesting candidates as given in the nomination papers. (3)
The list of contesting
candidates referred to in sub-rule (1) shall contain the particulars set out in
From III. (4)
The alphabetical order
referred to in sub-rule (2) shall be determined with reference to the surnames
of the candidates having surnames, and the names proper of other candidates. (5)
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- (a)
allot a different symbol to
each contesting candidate in confirmity as far as practicable, with his choice,
and (b)
if more contesting
candidates than one have indicated their preference for the same symbol, dicide
by lot to which of such candidates the symbol will be allotted. (6)
The allotment by the
Returning Officer of any symbol to a candidate shall be final. (7)
Every candidate shall
forthwith be informed by the symbol allotted to him and be supplied with a
specimen thereof by the Returning Officer. NOTES;- Question of common symbol.- Rule
26(5) of the Rules does not cover all situations that is how societies have
been permitted to frame bye-laws with approval and rule 26(5)(a) has to be read
with bye-law 29(VI1I) of society and common symbol can be demanded because
Committee as per section 73 of the Co-operative Societies Act has to be
constituted in accordance with Rules as also bye-laws of the society. Bye-law
No. 29{VII) of the society clearly permits to form a panel and demand a common
symbol for the entire panel. Purushottam Yashwant Patil v. State of
Maharashtra, 2002 (2) Bombay C. R. 337 : 2002 (2) All M. R. 829. The Returning Officer shall, immediately
after its preparation, cause a copy of the list of contesting candidates to be
affixed on the notice-board in his office and shall also supply a copy thereof
to each of the contesting candidates and, on demand, to his election agent. (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 III-A. The candidate
shall give notice of such appointment to the Returning Officer by delivering or
forwarding the letter of appointment of the Returning Officer at the time of
presentation of the nomination paper or at any time thereafter before the
account of the candidate's election expenses is lodged. The candidate shall
also deliver a duplicate copy of the letter of appointment to the election
agent appointed by him. (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 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's election expenses has been lodged with the Returning Officer in
accordance with the provisions of section 144-F, the candidate may appoint
another person to be his election agent, and notice thereof shall be given to
the Returning Officer in the same manner as in the case of the first election
agent.) (3)
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. (1)
At an election at which a
poll is to be taken, any contesting candidate may appoint one agent and two
relief agents to act as Polling Agents of such candidate at each polling
station. Such appointment shall be made by a letter in writing in Form IV
signed by the candidate. (2)
The candidate shall deliver
the letter of the appointment to the 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. Poling Agent [27][shall not be allowed] to
perform any duty at the polling station unless he has complied with the
provisions of this rule. (3)
The Polling Agents may work
as Counting Agents as per the authority given by the candidate on Form IV. (4)
Each contesting candidate may
appoint not more than four agents to act as counting agents of such candidate
by a letter in writing in duplicate in form IV signed by the candidate. 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 custdoy. 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. If a contesting candidate dies and a
report of his death is received by the Retuning Officer before the commencement
of the poll, the Returning Officer shall, upon being satisfied of the fact of
the death of the candidate, countermand the poll and (where the Returning
Officer is not the Collector himself, he shall report the fact to the
Collector) all proceedings with reference to the election shall be commenced a
new in all respect as if for a new election : Provided that. (a)
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, and (b)
no person who has given a
notice of withdrawal of his candidature, under rule 25, before the
countermanding of the poll, shall be ineligible for being nominated as a
candidate for the election after such countermanding. If, after the expiry of the period
within which candidatures may be withdrawn under sub-rule (2) of rule 25 [28][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 of Form V. and where the Returning Officer is not
the Collector himself he shall send signed copies thereof to the Collector. At every election where a poll is taken,
votes shall be given by secret ballot in the manner hereinafter provided and no
votes shall be received by proxy. Every box shall be of such design as may
be approved by the Collector. (1)
Every ballot paper shall.be
in Form VI. (2)
The names of the candidates
shall be arranged on the ballot paper in the same order in which they appear in
the list of contesting candidates. (3)
If two or more candidates
bear the same name, they shall be distinguished by the addition of their
occupation or residence or in some other manner. (1)
Outside each polling
station, there shall be displayed prominently :- (a)
a notice, specifying the
polling area, the voters of which are entitled to vote at the polling station
and, where the polling station has more than one polling booth, at each of such
of booth, the description of the voters allotted to such booth, and (b)
a copy of the list of
contesting candidates. (2)
At each polloing station,
there shall be set up one or more voting compartments in which voters can
record their votes screened from observation. (3)
The Returning Officer shall
provide at each polling station a sufficient number of ballot boxes, ballot
papers, copies of the list of voters in respect of the polling area or areas,
the voters of which are entitled to vote at such polling station, instruments
for stamping the distinguishing mark on ballot papers and articles necessary
for voters to mark the ballot papers. The Returning Officer shall also provide
at each polling station such other equipment and accessories as may be required
for taking the poll at such polling station. The Presiding Officer shall regulate the
number of voters to be admitted at any one time inside the polling station and
shall exclude therefrom all persons other than- (a)
Polling Officers. (b)
public servants on duty in
connection with the election, (c)
persons authorised by the
Collector or the Returning Officer, (d)
candidates, their election
agents, and subject to the provisions of rule 28, one polling agent of each candidate, (e)
a child in arms accompanying
a voter, (f)
a person accompanying a
blind or infirm voter who cannot move without help, (g)
such other persons as the
Returning Officer or the Presiding Officer may employ for the purpose of
identifying the voter. (1)
Where a paper seal is used
for securing a ballot box, the Presiding Officer shall affix his own signature
on the paper seal and obtain thereon the signatures of such of the Polling
Agents present as are desirous of affixing the same. (2)
The Presiding Officer shall
thereafter fix the paper seal so signed in the space meant therefor in the
ballot box and shall then secure and seal the box in such manner that the slip
for the insertion of ballot paper thereinto remains open. (3)
The seals used for securing
a ballot box shall be affixed in such manner that after the box has been
closed, it is not possible to open it without breaking the seals. (4)
Where it is not necessary to
use paper seals for securing of the ballot box the Presiding Officer shall
secure and seal the ballot box in such manner that the slip for the insertion
of ballot papers remains open and shall allow the Polling Agents present to
affix, if they so desire, their seals. (5)
Every ballot box used at a
polling station shall bear the seal both inside and outside marked with,- (a)
the serial number, if any,
and the name of the constituency, (b)
the serial number and name
of the polling station : (c)
the serial number of the
ballot box to be filled in at the end of the poll on the table outside the
ballot box only; and (d)
the date of poll. (6)
Immediately before the
commencement of the poll, the Presiding Officer shall demonstrate to the
Polling Agents and other persons present that the ballot box is empty and bears
the lables referred to sub-rule (5). (7)
The ballot box shall then be
closed, sealed and secured and placed in full view of the Presiding Officer and
the Polling Agents. (1)
The Presiding Officer may
employ at the polling station such persons as he thinks fit to help in the
identification of the voters or to assist him otherwise, in taking a poll. (2)
As each voter enters the
polling station, the Presiding Officer or the Polling Officer authorised by him
in this behalf, shall check the voter's name and other particulars with the
relevant entry in the list of voters and then call out the serial number, name
and other particulars of the voter. (3)
In deciding the right of a
person to obtain a ballot paper, the Presiding Officer or the Polling Officer,
as the case may be. shall overlook merely clerical or printing errors in any
entry in the list of voters, if he is satisfied that such person is identical
with the voter to whom such entry relates. (1)
Any Polling Agent may
challenge the identity of a person claiming to be a particular voter by first
depositing a sum of Rs. 2 in cash with the Presiding Officer for each such
challenge. (2)
On such deposit being made,
the Presiding Officer shall : (a)
warn the person challenged
of the penalty for personation. (b)
read the relevant entry in
the list of voters in full and ask him whether he is the person referred to in
that entry, (c)
enter his name and address
in the list of challenged voters in Form VII, and (d)
require him to affix his
signature in the said list. (3)
The Presiding Officer shall
thereafter, hold a summary inquiry into the challenge may for that purpose : (a)
require the challenger to
adduce evidence in proof of the challenge and the person challenged to adduce
evidence in proof of his identity. (b)
put to the person challenged
any question necessary for the purpose of establishing his identity and require
him to answer them on oath, and (c)
administer an oath to the
person challenged and any other person offering to give evidence. (4)
If. after enquiry, the
Presiding Officer considers that the challenge has not been established, he
shall allow the person challenged to vote, and if he considers that the
challenge has been established, he shall debar the person challenged from voting. (5)
If the Presiding Officer is
of the opinion that the challenge is frivolous or has not been made in good
faith he shall direct that the deposit made under sub-rule (1) be forfeited to
the State Government and in any other case, he shall return it to the
challenger at the conclusion of the inquiry. (1)
With a view to preventing
personation, of voters, every voter about whose identity the Presiding Officer
or the Polling Officer, as the case may be. is satisfied, shall allow his left
thumb to be inspected by the Presiding Officer or the Polling Officer and an
indelible ink mark to be put on it. (2)
If any voter refuses to
allow his left thumb to be inspected or marked in accordance with sub-rule (1)
or has already such a mark on his left thumb or does any act with a view to
removing the ink mark: he shall not be supplied with any ballot paper or
allowed to vote. (3)
Any reference in this rule
to the left thumb of a voter shall, in the case where the voter has left thumb
missing, be construed as a reference to any other finger, of his left hand and
shall, in the case where all the fingers of his left hand are missing, be
construed as a reference to the thumb or any other finger of his right hand,
and shall, in the case where all the fingers of both the hands are missing be
construed as reference to such extrimity of his left or right arm as he
possesses. (1)
No ballot paper shall be
issued to any voter before the hour fixed for the commencement of the poll. (2)
No ballot paper shall be
issued to any voter after the hour fixed for the closing of the poll except to
those voters who are present at the polling station at the time of the closing
of the poll. Such voters shall be allowed to record their votes even after the
poll closes. (3)
[29][Every
ballot paper shall before issue to a voter be- (a)
stamped with such
distinguishing mark as the Collector may direct, and (b)
signed in full on its back
by the Presiding Officer. (4)
At the time of issuing a
ballot paper to a voter, the Polling Officer shall record the serial number
thereof against the entry relating to the voter in the copy of the list of
voters set apart for the purpose. (5)
Save as provided in sub-rule
(4), no person in the polling station shall note down the serial numbers of the
ballot papers issued to particular voters.) (1)
The voter, on receiving the
ballot paper, shall forthwith- (i)
proceed to one of the
polling compartments : (ii)
there make a mark on the
ballot paper with the instrument supplied for the purpose on or near the symbol
of the candidate for whom he intends to vote : (iii)
fold the ballot paper so as
to conceal his vote : (iv)
if required, show to the
Presiding Officer the distinguishing mark on the ballot paper; (v)
insert the folded ballot
paper into the ballot box; and (vi)
quit the polling station. (2)
No voter shall be allowed to
enter a polling compartment when another voter is inside it. In cases where there are no
constituencies defined in the bye-laws or where more than one seat is
authorised in the bye-laws for a constituency, voting in so far as [30][* * *] these seats
concerned shall be recorded in accordance with the following provisions, namely
: (a)
Every voter shall be
entitled to give as many votes as there are seats for filling which votes are
to be taken but no voter shall give more than one vole to any one candidate. (b)
The voter shall make a mark
on the ballot paper with the instrument supplied for the purpose on or near the
symbols of the candidate or candidates for whom he intends to vote, so however
that no part of any mark so made shall appear in the space provided for other
candidate. The voter shall thereafter fold the marked ballot paper so as to
conceal his vote and insert the [31][folded ballot paper] into
the ballot box and without undue delay leave the polling station. NOTES;- Provisions to vote under Rule
42(a) : Rule 42(a) catagorically states that every voter shall be entitled to
give as many votes as there are seats though two Directors are to be elected
from each Gat. the total number of Directors to be elected is ten from given
Gats. In view of the provisions of rule 42(a) each voter from the entire area
will be entitled to vote for each of the ten Directors. As such he will have
ten votes with only one rider that he cannot give more than one vote to any one
candidate. The provisions made for electing two candidates from each Gat does
not affect in any way the right to vote granted to the voter under this rule
which entitles him to give as many as there are seats for filing which votes
are to be taken K. M. Patil v. Madhukar Sahakari Sakhar Karkhana Ltd. 1993 Mah.
LJ 1406 : 1993 CTJ 876 : 1994(1) Mah. LR 199 : 1994(1) BCR 565. (c)
The area of a Sugar Factory
was divided into five gats and two directors were required to be elected from
each gat. Each voter had a right to vote to elect all the ten directors of the
Board of Directors of the Sugar Factory. The Petitioner contended that is would
be convenient and proper to hold that the voters from each gat shall elect two
directors from that gat and the voters from other gat shall have no right to
vote for the candidate from other gats, in which they are not included as
voters. It was held by the High Court that the provision made for electing two
directors from each gat does not effect in any way the right to vote granted to
the voter under Rule 42(a) which entitles him to give as many votes as there
are seats for filling which votes are to be taken, ibid. Notwithstanding contained in these rules
or in the bye-laws or election rules of any District Central Co-operative Bank,
for the purpose of election of any member or members of the committee of such
Bank, representing the primary Agril. credit and multipurpose societies and
grain banks, every constituency shall be a single member constituency and no
voter shall have more than one vote for election of a member from the
constituency in which he is registered.) (1)
If the Presiding Officer is
satisfied that owing to blindness or other physical infirmity, a voter is
unable to recognise the symbols on the ballot papers or to make a mark thereon
without assistance, the Presiding Officer shall permit the voter to take with
him a companion of not less than twenty-one years of age to the voting
compartment for recording the vote on the ballot paper on his behalf and in
accordance with his wishes, and, if necessary, for folding the ballot paper so
as to conceal the vote and inserting it into the ballot box : Provided that, no person shall be
permitted to act as the companion of more than one voter at any polling station
on the same day : Provided further that, before any person
is permitted to act as the companion of voter on any day under this rule, he
shall be required to declare in [33][Form VII-A] that he will
keep secret the vote recorded by him on behalf of the voter and that he has not
already acted as the companion of any other voter at any polling station on
that day. (2)
The Presiding Officer shall
keep a record in Form VIII of all cases under this rule. (1)
A voter who has
inadvertently dealt with his ballot paper in such manner that it cannot be
conveniently used as a ballot paper may. on returning it to the Presiding
Officer and on satisfying him of the inadvertence, be given another ballot
paper, and the ballot paper so returned shall be marked
"Spoilt-cancelled" by the Presiding Officer. (2)
If a voter after obtaining a
ballot paper decides not to use it, he shall return it to the Presiding
Officer, and the ballot paper so returned shall be marked as "Returned
cancelled" by the Presiding Officer. (3)
All ballot papers cancelled
under sub-rule (1) or sub-rule (2) shall be kept in a separate packet. (1)
If a person representing
himself to be a particular voter applies for a ballot paper after another
person has already voted as such voter, he shall, on satisfactorily answering
such question relating to his identity as the Presiding Officer may ask, be
entitled, subject to the following provisions of this rule, to mark a ballot
paper (hereinafter referred to as a [34]["tendered ballot
paper") in the same manner as any other voter. (2)
Every such person shall,
before being supplied with a tendered ballot paper, sign his name against the
entry relating to him in a list in Form IX. (3)
A tendered ballot paper
shall be the same as the other ballot papers used at the polling station,
except that it shall be- (a)
serially the list in the
bundle of ballot papers issued for use at the polling station; and (b)
endorsed on the back with
the words "tendered ballot paper" by the Presiding Officer in his own
hand and signed by him. (4)
The voter, after making a
tendered ballot paper in the polling compartment and folding it. shall, instead
of putting into the ballot box, give it to the Presiding Officer, who shall
place it in a cover specially kept for the purpose. (1)
The Presiding Officer shall
close a polling station at the hour fixed in that behalf under Rule 16 and
shall not thereafter admit any voter into the polling station : Provided that, all voters present at the
polling station before it is closed shall be allowed to cast their votes. (2)
If any question arises
whether a voter was present at the polling station before it was closed, it
shall be decided by the Presiding Officer and his decision shall be final. (1) As
soon as practicable after the closing of the poll, the Presiding Officer shall,
in the presence of any candidates or their election or polling agents, close
the slit of the ballot box and where the ballot box does not contain any
mechanical device for closing the slit, he shall seal up the slit and also
allow any polling agent to affix his seal. (2) The
ballot box shall thereafter be sealed and secured. (3) Where
it becomes necessary to use a second ballot box by reason of the first box
getting full, the first box shall be closed, sealed and secured as provided in
sub-rules (1) and (2) before another ballot box is put into use. (1)
The Presiding Officer shall
at the close of the poll prepare a ballot paper account in Form X and enclose
it in a separate cover with the word "Ballot Papers Account"
superscribed thereon. (2)
The Presiding Officer shall
permit a polling agent who so desires to take a true copy of the entries made
in the ballot paper account and shall attest it as true copy. (1)
The Presiding Officer shall
then make into separate packets- (a)
the marked copy of the [35][list of voters;] (b)
the unused ballot papers; (c)
the cancelled ballot papers (d)
the cover containing the
tendered ballot papers and the list of the tendered ballot papers (e)
the list of challenged
votes; and (f)
any other person directed by
the Returning Officer to be kept in a - sealed packet. (2)
Each such packet shall be
sealed with the seals of the Presiding Officer and those polling agents present
who may desire to affix their seals thereon. (1)
The Presiding Officer shall
then deliver or cause to be delivered the following to the Returning Officer at
such place as the Returning Officer may direct- (a)
the ballot boxes; (b)
the ballot paper account : (c)
the sealed packets referred
to in Rule 49; and (d)
all other papers used at the
poll. (2)
The Returning Officer shall
make adequate arrangements for the safe transport of all ballot boxes, packets
and other papers and for their safe custody until the commencement of the
counting of votes. (1)
If at any election- (a)
any ballot box used at a
polling station is unlawfully taken out of the custody of the Presiding Officer
or the Returning Officer or is accidentally or intentionally destroyed or lost;
or is damaged or tampered with, to such an extent, that the result of the poll
at that polling station cannot be ascertained, or (b)
any such error or
irregularity in the procedure as is likely to vitiate poll is committed at a
polling station, the Returning Officer (where the Collector himself is not the
Returning Officer) shall forthwith report the matter to the Collector. (2)
The Collector upon receipt
of such report, or of his own motion in the circumstances stated in sub-rule
(1), after taking all material circumstances into account either- (a)
declare the poll at that
polling station to be void, appoint a day and fix the hours, for taking a fresh
poll at that polling station and notify day so appointed and the hours so fixed
in such manner as he may deem fit, or (b)
if satisfied that the result
of a fresh poll at that polling station will not. in any way. 28[affect the
result) of the election or that the error or irregularity in procedure is not
material issue such directions to the Returning Officer or take such action as
he may deem proper for the election. (3)
?The provisions of the Act and of any rules or
bye-laws made thereunder shall apply to every such fresh poll as they apply to
the original poll. At every election where a poll is taken
votes shall be counted by, or under the supervision and direction of, the
Returning Officer, and each contesting candidate, his Election Agent and his
Counting Agents shall have a right to be present at the time of counting. (1)
The Returning Officer shall
exclude from place fixed for counting of votes all persons except- (a)
such persons as he may
appoint to assist him in the counting; (b)
person authorised by the
Collector; (c)
public servants on duty in
connection with the election: and (d)
candidates, and their
Election and Counting Agents. (2)
No person who has been
employed by or on behalf of, or has been otherwise working for, a candidate in
or about the election [36][shall be appointed) under
clause (a) of sub-rule (1). (3)
The Returning Officer shall
decide which Counting [37][Agent or Agents) shall
watch the counting at any particular counting table or group of counting
tables. (4)
Any person who during the
counting of votes misconducts himself or fails to obey the lawful directions of
the Returning Officer may be removed from the place where the votes are being
counted by the Returning Officer or by any Police Officer on duty or by any
person authorised in this behalf by the Returning Officer. (1)
The Returning Officer may
have the ballot boxes used [38][at] more than one polling
station opened and their contents counted simultaneously. (2)
Before any ballot box is
opened at a counting table, the Counting Agents present at that table shall be
allowed to inspect the paper seal or such other seal as might have been affixed
thereon and to satisfy themselves that it is intact. (3)
The Returning Officer shall
satisfy himself that none of the ballot boxes has in fact been tampered with. (4)
If the Returning Officer is
satisfied that any ballot box has in fact been tampered with, he shall not
count the ballot papers contained in that box and shall follow the procedure
laid down in Rule 51 in respect of that polling station. (1)
The ballot papers taken out
of each ballot box [39](and those (if any)
received by postal ballot] shall be arranged in convenient bundles and
scrutinised. (2)
The Returning Officer shall
reject a ballot paper - (a)
if it bears any mark or
writing by which the voter can be identified: or (b)
if no vote is recorded
thereon : or (c)
if votes are given on it in
favour of more than one candidate where only one candidate is to be elected; or [40][(cc)
where more than one candidate is to be elected if the voter has recorded on the
ballot paper more votes than he is entitled to give; or] (d)
?if the mark indicating the vote thereon is
placed in such manner as to make it doubtful to which candidate the vote has
been given: or (e)
if it is a spurious ballot
paper: or (f)
if it is so damaged or
mutilated that its identity as genuine ballot paper cannot be established or (g)
if it bears a serial number,
or is of a design, different from the serial numbers or. as the case may be,
design of the ballot papers authorised for use at the polling station; or (h)
if it does not bear the mark
which it, should have borne under the provisions for sub-rule (3) of Rule 40 : Provided that- (i)
where a Returning Officer is
satisfied that any such defect as is mentioned in clause (g) or (h) has been
caused by any mistake or failure on the part of the Presiding Officer or the
Polling Officer, the ballot paper shall not be rejected merely on the ground of
such defect; (j)
a ballot paper shall not be
rejected merely on the ground that the mark indicating the vote is indistinct
or made more than one, if the intention that the vote shall be for a particular
candidate clearly appears from the way the paper is marked. (3)
Before rejecting any ballot
paper under sub-rule (2), the Returning Officer shall allow each Counting Agent
a reasonable opportunity to inspect the ballot paper. (4)
The Returning Officer shall
record on every ballot paper which he rejects the letter "R" and the
grounds of rejection [41][in abbreviated form]
either in his own hand or by means of a rubber stamp. (5)
All ballot papers rejected
under this rule shall be bundled together. (1)
Every ballot paper which is
not rejected under Rule 55 shall be counted as one valid vote : Provided that, no cover containing
tendered ballot papers shall be opend and no such paper shall be counted. (2)
After the counting of all
ballot papers contained in all the ballot boxes used at a polling station has
been completed, the Returning Officer shall make the entries in a result sheet
in Form XI and announce the particulars. (3)
The valid ballot papers
shall thereafter be bundled together and kept along with the bundle of rejected
ballot papers in a separate packet, which shall be sealed and on which shall be
recorded the following particulars, namely- (a)
the name of the
constituency, (b)
the particulars of the
polling station where the ballot papers have been used, and (c)
the date of counting. The Returning Officer shall, as far as
practicable, proceed continuously with the counting of votes and shall, during
any intervals when the counting has to be suspended, keep the ballot papers,
packets and other papers relating to the election sealed with his own seal and
the seals of such candidates or Election or Counting Agents as may desire to
affix their seals and shall cause adequate precautions to be taken for their
safe custody during such intervals. In case where there are no
constituencies defined in the bye-laws or where more than one seat is
authorised in the bye-laws for a constituency, counting of votes for these seats
shall be done in the following manner, namely :- (1)
The counting of votes shall
be done by and under the supervision of the Returning Officer, with the
assistance of such persons as he may appoint to assist in the counting of
votes. (2)
After each ballot box is
opended for counting, clearly valid voting papers shall be separated from
invalid and doubtful voting papers. The invalid and doubtful voting papers
shall be submitted to the Returning Officer for decision. The valid voting
papers shall thereafter be taken for counting and the votes recorded in favour
of each candidate shall be counted with the aid of persons appointed to assist
in the counting of votes. (3)
The Returning Officer shall
allow the candidates and their Election or Counting Agents, who may be present,
reasonable opportunity to inspect all voting papers, which in the opinion of
the Returning Officer are liable to be rejected, but shall not allow them to
handle those or any other voting papers. The Returning Officer shall on every
voting paper which is rejected endorse the letter "R". If any
candidate or his Election or Counting Agent questions the correctness of the
rejection of any voting paper, the Returning Officer shall also record briefly
on such voting paper the ground for its rejection. (4)
After the counting of all
voting papers counted in all the ballot boxes used has been completed, the
Returning Officer shall cause to be sealed up in separate packets with a
description endorsed on each such packet of the voting papers counted and that
voting papers rejected. (5)
The Returning Officer shall
as far as practicable proceed continuously with the counting of the votes and
shall during any intervals when the counting has to be suspended, keep the
voting papers, packets and other documents relating to the election sealed with
his own seal and the seal of such candidates or Election or Counting Agents as
may desire to affix their seals and shall cause adequate precautions to be
taken for their safe custody. (6)
After the counting of voting
papers contained in all the ballot boxes used at all the polling stations has
been completed, the Returning Officer shall prepare a consolidated statement
recording therein the total number of votes polled by each candidate. (1)
If a fresh poll is held
under Rule 51, the Returning Officer shall, after completion of that poll,
recommence the counting of votes on the date and at the time and place which
have been fixed by him in that behalf and of which notice has been previously
given to the candidate. (2)
The provisions of Rules 55
and 56 shall apply so far as may be to such further counting. (1)
After the completion of the
counting, the Returning Officer shall record in the result sheet in Form XI.
the total number of votes polled by each candidate and announce the same : Provided that, when an equality of votes
is found to exist between any candidates either for the reserved or the
unreserved seats and the addition of one vote will entitle any of the
candidates to be declared elected, the determination of the person or persons
to whom such an additional vote shall be deemed to have been given shall be
made by lots to be drawn in the presence of the Returning Officer and the
candidates who may desire to be present, and in such manner as the Returning
Officer may determine. (2)
After such announcement has
been made, a candidate or, in his absence, his Election Agent may apply in
writing to the Returning Officer for a recount of all or any of the ballot
papers already counted stating the grounds on which he demands such recount. (3)
On such an application being
made, the Returning Officer shall decide the matter and may allow the
application in whole or in part or may reject it in toto if it appears to him
to be frivolous or unreasonable. (4)
Every decision of the
Returning Officer under sub-rule (3), shall be in writing and contain the
reasons therefor. (5)
If the Returning Officer
decides under sub-rule (3) to allow an application either in whole or in part,
he shall - (a)
count the ballot papers
again in accordance with his decision : (b)
amend the result sheet in
Form XI to the extent necessary after such recount; and (c)
announce the amendment so
made by him. (6)
After the total number of
votes polled by each candidate has been announced under sub-rule (1) or
sub-rule (5), the Returning Officer shall complete and sign the result sheet in
Form XI and no application for a recount shall be entertained thereafter : Provided that, no step under this
sub-rule shall be taken on the completion of the counting until the candidates
and Election Agents present at the completion thereof have been given a
reasonable opportuntiy to exercise the right conferred by sub-rule (2). NOTES;- Demand of recount :-Demand for
recount can be made only after counting of all booths is over before election
result is declared. Sukhdev Wedu Patil v. Nasik Zilla Sahakari Soot Girni Ltd.,
1988 Mah. LJ 1019 : 1988 CTJ 389. The Returning Officer shall then declare
the candidate to whom the highest number of valid votes has been given as
having been elected and certify the return of election Form XII and where the
Collector himself is not the Returning Officer he shall send signed copies
thereof to the Collector as soon as possible.) NOTES;- The number of seats for which
elections are to be held must be determined on the basis of Bye-laws of the
Society. H. C. Bagmar and others v. Nasik Merchants Co-operative Bank Ltd.,
1984 (1) Bombay CR 1. (1)
Every candidate at an
election shall, either by himself or by the Election Agent, keep a separate and
correct account of all expenditure in connection with the election incurred or
authorised 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. (2)
The account shall contain
such particulars as are specified in Rule 63. (3)
The total of the said
expenditure shall not exceed such amount as may be notified by the State
Government under sub-section (3) of Section 144F. (4)
Every contesting candidate
at an election [43][shall
lodge with the Collector through Returning Officer [an account of his election
expenses within the time and in the manner laid down in Section 144F. (1)
The account of election
expenses to be kept by a candidate or his Election Agent under Rule 62 shall
contain the following particulars in respect of each item of expenditure from
day to day. namely :- (a)
the date on which the
expenditure was incurred or authorised; (b)
the nature of the
expenditure, as for example, travelling, postage or printing and the like : (c)
the amount of the
expenditure - (i)
the amount paid; (ii)
the amount outstanding; (d)
the date of payment : (e)
the name and address of the
payee : (f)
the serial number of
voucher, in case of amount paid; (g)
the serial number of bills,
if any, in case of amount outstanding; (h)
the name and address of the
person to whom the amount outstanding is payable. (2)
All vouchers shall be lodged
along with 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 (0 of sub-rule (1). (3)
It shall not be necessary to
give the particulars mentioned in item (e) of sub-rule (1) in regard to items
of expenditure for which vouchers have not been obtained. The Returning Officer shall, within two
days from the date on which the account of election expenses has been lodged by
a candidate under Rule 62, cause a notice to be affixed to his notice-board,
specifying- (a)
the date on which the
account has been lodged; (b)
the name of the candidate
and (c)
the time and place at which
such account can be inspected. Any person shall, on payment of a fee of
one rupee, be entitled to inspect any such account and on payment of such fee
as may be fixed by the Collector in this behalf, be entitled to obtain attested
copies of such account or of any part thereof. (1)
As soon as may be after the
expiration of the time specified in Rule 62 for the lodging of the accounts of
election expenses at any election, the Returning Officer shall, report to the
Collector- (a)
the name of each contesting
candidate; (b)
whether such candidate has
lodged his account of election expenses and if so, the date on which such
account has been lodged; and (c)
whether in his opinion, such
account has been lodged within the time and in the manner required by Rule 62. (2)
Immediately after the
sumbmission of the report referred to in sub-rule (1). the Returning Officer
shall publish a copy thereof by affixing the same to his notice-board. (3)
As soon as may be after the
receipt of the report referred to in sub-rule (1), the Collector shall consider
the same and decide whether any contesting candidate has failed to lodge the
account of election expenses within the time and in the manner required by Rule
62. (4)
If the Collector is
satisfied that a person- (a)
has failed to lodge an
account of election expenses in respect of an election within the time and in
the manner required by Rule 62; and (b)
has no good reasons or
justification for the failure, the Collector shall by an order made under
Section 144G and published in the Official Gazette and in such other manner as
he deems fit declare him disqualified, and any such person shall be
disqualified for a period of three years for being elected or for continuing as
a member of the committee of any specified society. The Collector shall send a
copy of his order to every contesting candidate at the election. But no such
order shall be made by the Collector, until the person concerned has been given
a reasonable opportunity of showing caure why he should not be disqualified for
the failure. Against every such order of disqualification, an appeal shall lie
to the Commissioner, if made within one month from the date of the order [44][* * *] (1)
On receipt of the declaration
under Rule 30 or clause (e) of Rule 79 of the election returns under Rule 61.
the Collector shall publish 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 Collector shall send a
list of all the elected committee members to the society and to the Registrar
in the case of societies referred to in Section 73-G (1)(i) and to the District
Deputy Registrar in all other cases. (1)
The deposit made under Rule
21 shall either be returned to the person making it or his legal representative
or be forfeited to the State Government in accordance with the provisions of
this rule. (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 if 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 State Government, 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 eight 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-eighth of the total
number of valid votes so polled divided by the number of members to be
elected." The Returning Officer shall keep in
custody the packets referred to in Rule 49 and all other papers relating to the
elections. (1)
While in the custody of the
Returning Officer- (a)
the packets of unused ballot
papers ; (b)
the packets of used ballot
papers whether valid, tendered or rejected : (c)
the packets of marked copies
of the voters' list. 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 Commissioner or a Court or other competent authority. (2)
All other papers relating to
the election shall be open to public inspection. (1)
The packets referred to in
Rule 70 shall be retained for a period of one year and shall thereafter be
destroyed subject to any direction to the contrary given by the Commissioner or
a Court or other competent authority. (2)
All other papers relating to
the election shall be retained until the termination of the next election for
the constituency to which they relate and shall threafter be destroyed subject
to any direction to the contrary given by the Commissioner or a Court or other
competent authority. In the event of a vacancy occurrring on
account of death, resignation, disqualification or removal of a member of a
society or through such a member becoming incapable of acting previous to the
expiry of his term of office or otherwise, the Chairman of the Society shall forthwith
communicate the occurrance to the Registrar [in the case of Societies falling
under Section 73-G (1)(i)] and to the District Deputy Registrar (in the case of
other Societies) and the vacancy shall be filled as soon as conveniently, by
holding bye-election to fill the seat, and the provisions of these Rules shall
thereupon mutatis mutandis apply accordingly. The person so elected shall hold
office so long only as the member of the committee in whose place he is elected
would have held it. if the vacancy had not occurred : [45][Provided
that first two vacancies occurring during the term of the committee on account
of death, resignation, disqualification or removal of a member of a society or
through such a member becoming incapable of acting previous to the expiry of
his term of office or otherwise, shall be filled in by co-option in the meeting
of the remaining members of the committee : Provided further that if at any time
there are more than two vacancies that are to be filled then all such vacancies
shall be filled in by election.) [Provided also that I, if the vacancy
occurs, [46][within
one year) preceding the date on which the term of the committee expires, [47][and if such vacancy is to
be filled by election) the vacancy shall not be filled. NOTES;- It is lawful to the Board of
Directors of a co-operative society to resolve the pursuant to Bye-law No. 8(5)
one of their Directors has ceased to be a member of Board of Directors
consequent upon his absence in four consecutive meetings without affording him
reasonable opportunity to explain the cause of his absence. The High Court held
that the resolutions of the Board declaring that the member has ceased to be a
member of the Board of Directors is a nullity. Krishna Khore Sahakari Doodh
Utpadak and Puravtha Sangh Ltd. v. Mohanrao Ganpatrao Shinde. 1986 CTJ 190. No election shall be called in question,
except by an election petition presented to the Commissioner, in accordance
with the provisions of Section 144-T and these rules. NOTES;- Section 144-T provides filing of
an election petition before the Commissioner of Specified Officer. Rule 73
while restricting election petition to Commissioner only, is held not valid.
Thus Rules 74 and 78 to 87 could not have been made in exercise of powers under
Section 144-T or Section 144-X or Section 165 of Co-operative Societies Act,
1960. Said rules are therefore beyond the rule making powers and are ultra
vires of Art. 14 of the Constitution, Chapadgaon Vividh Karyakari Seva Sahakari
Society Ltd., v. Collector. Ahmednagar. 1989 Mah. LJ 872. (1)
An election petition calling
in question any election may be presented by any candidate or any voter within
two months from the date of declaration of the result of the election. (2)
Every election petition
shall be accompanied by as many copies thereof as there are respondents
mentioned in the petition and one spare copy for the use of the Commissioner
and every such copy shall be attested by the petitioner under his own signature
to be a true copy of the petition. NOTES;- Section 144-1 of the Maharashtra
Co-operative Societies Act, corresponds to Section 123 of the Representation of
the People Act. 1951. The same principles must govern the adjudication of
disputes relating to the election under the Act as it governs the adjudication
of disputes in relation to elections under the Representation of People Act,
1951. D. D. Pawar v. P. R. Jagtap. (1978) 1 SCC 504 : AIR 1978 SC 351 : (1978)
2 SCR 524. (3)
Summary dismissal of
petition is not an inevitable consequence of non compliance of Rule 74. - The
mandate of Rule 74 is that the election to the committees of the specified
society could be questioned only by presenting election petition to the
specified officer and that too by a candidate or member. However, that such
presentation must be essentially by the aggrieved, in person and failure
thereof would entail an inevitable consequence of dismissal of the petition,
could not fairly be an import of the Scheme. The legislature has thoughtfully
used the term 'may' in Rule 76(2) in contradiction to the term 'shall' as
employed in sub-sec. (1) of sec. 86 of the Representation of the People Act,
1951. Shivnarayan Amarchand Paliwal v. Vasantrao Vithalrao Gurjar and others,
1992 Mah.L.J. 1052 : 1992 CTJ 606. (4)
Conduct of elections to
committee of members are to be elected by general body : - If there is a wrong
exclusion of member of a society from participating in election to committee -
Such person being aggrieved is entitled to file an election petition
irrespective of what is contained in Rule 74. Chapadgaon Vividh Karyakari
Society Ltd. v. Collector. Ahmednager. 1989 Mah. LJ 872. A petitoner shall join as respondents to
his petition- (a)
where the petitioner, in
addition to claiming a declaration that election of all or any of the returned
candidates is void, claims a further declaration that he himself or any other
candidate has been duly elected, all the contesting candidates other than the
petitoner and where no such further declaration is claimed all the returned
candidates, and (b)
any other candidate against
whom allegations of any corrupt practice are made in the petition. (1)
Every election petition
shall be tried by the Commissioner : Provided that, the Commissioner shall
have the discretion to refuse for reasons to be recorded in writing to examine
any witness or witnesses if he is of the opinion that evidence of such witness
or witnesses is not material for the decision of the petition or that the party
tendering such witness or witnesses is doing so on frivolous grounds or with a
view to delay the proceedings. (2)
The Commissioner may dismiss
an election petition which does not comply with the provisions of Rule 74. (3)
Any candidate not already a
respondent shall, upon application made by him to the Commissioner within
fourteen days from the date of the commencement of the trial and subject to the
provision of Rule 90, be entitled to be joined as a respondent. (4)
The Commissioner may. upon
such terms as to costs and otherwise as he may deem fit, allow the particulars
of any corrupt practice alleged in the petition to be amended or amplified in
such manner as may in his opinion be necessary for ensuring a fair and
effective trial of the petition, but shall not allow any amendment of the
petition which will have the effect of introducing particulars of a corrupt
practice not previously alleged in the petition. The reasonable expenses incurred by any
person in attending to give evidence may be allowed by the Commissioner to such
person, and shall, unless the Commissioner otherwise directs, be deemed to be
part of the costs. (1)
When in an election petition
a declaration that any candidate other than the returned candidate has been
duly elected is claimed the returned candidate or any other party may give
evidence to prove that the election of such candidate would have been void if
he had been the returned candidate and a petition had been presented calling in
question his election : Provided that, the returned candidate or
such other party as aforesaid shall not be entitled to give such evidence,
unless he has within fourteen days from the date of a commencement of the trial,
give notice to the Commissioner of his intention to do so and has also given
the security and the further security referred to in Rules 88 and 89
respectively. (2)
Every notice referred to in
sub-rule (1) shall be accompanied by the Statement and all necessary
particulars and shall be signed and verified in like manner. At the conclusion of the trial of an
election petition, the Commissioner shall make an order (a)
dismissing the election
petition; or (b)
declaring the election of
all or any of the returned candidates to be void ; or (c)
declaring the election of
all or any of the returned candidates to be void, and the petitioner or any
other candidate to have been duly elected. At the time of making an order under
Rule 79, the Commissioner shall also make an order- (a)
where any charge is made in
the petition of any corrupt practice having been committed at the election
recording - (i)
a finding whether any
corrupt practice has or has not been proved to have been committed at the
election, and the nature of that corrupt practice; and (ii)
the names of all presons if
any, who have been proved at the trial to have been guilty of the practice, and (b)
fixing the total amount of costs
payable, and specifying the persons by and to whom costs shall be paid : Provided that, a person who is not a
party to the petition shall not be named in the order under sub-item (if) of
item (a) unless- (a)
he has been given notice to
appear before the Commissioner and to show cause why he should not be so named;
and (b)
if he appears in pursuance
of the notice, he has been given an opportunity of cross-examining any witness,
who has already been examined by the Commissioner and has given evidence
against him of calling evidence in his defence and of being heard. If the Commissioner is of opinion- (a)
that on the date of his
election a returned candidate was not qualified, or was disqualified, to be chosen
to fill the seat under these rules, or (b)
that any corrupt practice
has been committed by a returned candidate or his Election Agent or by any
other person with the consent of a returned candidate or his Election Agent, or (c)
that any nomination paper has
been improperly rejected, or (d)
that the result of the
election, in so far as it concerns a returned candidate, has been materially
affected- (i)
by the improper acceptance
of any nomination: or (ii)
by any corrupt practice
committed in the interests of the returned candidate by an agent other than his
Election Agent; or . (iii)
by the improper reception,
refusal or rejection of any vote or the reception of. any vote which is void;
or (iv)
by any non-compliance with
the provisions of the Act or any rules made thereunder, the Commissioner shall
declare the election of the returned candidate to be void. NOTES;- Maintainability of civil suit.-
Dispute covered by Rule 81 regarding election pertaining to non-compliance of
bye-law. Such dispute to be referred to Commissioner of Division under section
144T. Section 163 of the Act completely ousted the jurisdiction of the Civil
Court as regards the matters enumerated therein and therefore the Civil Court
patently lacked jurisdiction to entertain the suit. Vidarbha Weavers Central
Co-op. Society Ltd., Nagpur v. Civil Judge, Senior Division, Nagpur and otheRs.
1992 Mah. LJ 23. (e)
Amendment to bye-law should
be made in accordance with provisions of law.- In the instant case the illegal
amendment of the bye-laws was challenged on the basis of which the electoral
roll was prepared. Rule 81 Of Maharashtra Specified Co-operative Societies
Elections to Committee Rule, 1971 provides for ground for declaring the
elections to be void. A perusal of rule 81 shows that the validity of the
bye-law cannot be gone into by the Tribunal. The respondents filed an appeal
before the Appellate Authority and once it is held that the amendment of the
bye-laws are not in conformity with the law and the electoral roll prepared on
the basis would fall down. Ahmednagar Zilla S. D. V. & P. Sangh, Ltd. v.
State of Maharashtra &, Ors., 2004 (5) All M. R. 236 (SC) : 2004 (3) Bombay
C.R. 794 (SC) : AIR 2004 SC 1329. The Supreme Court in the case of Shri Sant
Sadguru Janardan Swami (Moingiri Maharqj) Sahakari Dugdha Utpadak Sanstha v.
State of Maharashtra. 2001 (4) All M. R. 863 (SC) : 2001 (8) SCC 509 : 2002 (1)
Mah. L.J. 659 (SC) held that the preparation of the voter list is intermediary
stage in the process of election of the Managing Committee and if there was
breach of the rule in the preparation of the voter list it can be called in
question in an election petition after the election is over and the High Court
is not required to interfered in this matter. (f)
Election Petition :
Alternative Remedy.- In this case the petitioner have an alternative remedy
under section 144-T read with rule 81 of the Maharashtra Specified Co-operative
Society Election to Committees Rules, 1971. It is settled law that the entire
process of election is purely a creation of a Statute and governed by the
Statute and Rules framed thereunder. If a person is denied right to vote because
his name is not on the voters' list, it must be taken to be an intention of the
Statute. It would indeed bring about uncertainty, in the certainty, of an
election process after this Court interferes and the instance of persons who
have been held to have no right to vote and have deleted from the voters' list
mainly on the ground that they have thereby been denied the right to contest
the election. The High Court while denying this contention held that the
election can only been challenged in accordance with the Statute under which it
is held and that this Court will not ordinarily interfere with the election
process. Undoubtedly, if the challenge succeeds voters whose names have been
wrongly deleted would be entitled to contest in the elections held again. High
Court on this ground dismissed the petition. - Gadhinglaj Taluka Sahakari
Sakhar Karkhana Ltd. v. Collector of Kolhapur. 2005 (4) All M. R. 626. (g)
Amendment of bye-law.- In
the instant case the illegal amendment of bye-law was challenged on the basis of
which the electoral roll prepared. Rule 81 of Maharashtra Specified
Co-operative Societies Elections to Committee Rules, 1971 provides for ground
for declaring the elections to be void. A persusal of rule 81 shows that the
validity of the bye-laws cannot be gone into by the Tribunal. In these
circumstances the respondents had no other remedy except to file an appeal
before the Appellate Authority and once it was held that the amendment of the
bye-laws was not in conformity with the law the electoral role prepared on the
basis would fall down. Ahmednagar Zilla S. D. V. & P. Sangh Ltd. v. State
of Maharashtra. 2004 (3) Bombay C. R. 794 (SC) : AIR 2004 SC 1329. If any person who has lodged a petition
has, in addition to calling in question the election of the returned candidate,
claimed a declaration that he himself or any other candidate has been duly
elected and the Commissioner is of opinion- (a)
that in fact the petitioner
or such other candidate received a majority of the valid votes: or (b)
that but for the votes
obtained by the returned candidate any corrupt practices the petitioner or such
other candidate would have obtained a majority of the valid votes; (c)
the Commissioner shall after
declaring the election of the returned candidate to be void declare the
petitioner or such other candidate, as the case may be, to have been duly
elected. NOTES;- Burden of proof :-The automatic
recording of the finding in favour of the petitioner was out of question and
that the burden of establishing the case under Rule 82(a) obviously lay upon
him and for that purpose he could have laid such evidence as he thought proper.
Babasaheb Dnyanu Patil v. Shripatrao Shankararo Bondre, AIR 1978 Bombay 177 :
(1977) (2) UCR Bombay 391. If during the trial of an election
petition it appears that there is an equality of votes between any candidate at
the election and that the addition of a vote would entitle any of those
candidates to be declared elected, then- (a)
any decision made by the
Returing Officer under the provisions of sub-rule (1) of Rule 60, shall, in so
far as it determines the question between those candidates, be effective also
for the purposes of the petition; and (b)
in so for as that question
is not determined by such a decision, the Commissioner shall decide between
them by lot and proceed as if the one on whom the lot then falls had received
an additional vote. (1)
Every order of the
Commissioner under Rule 79 or 80 shall take effect as soon as it is pronounced
by the Commissioner. (2)
Whereby an order under Rule
79 the election of a returned candidate is declared to be void, acts and
proceedings in which that returned candidate has, before the date thereof,
participated as a member of the committee shall not be invalidated by reason of
that order, nor shall such candidate be subjected to any liability or penalty
on the ground of such participation. (1)
An election petition may be
withdrawn only after notice to other parties and by leave of the Commissioner. (1)
If there are more
petitioners than one, no application to withdraw an election petition shall be
made except with the consent of all the petitioners. (2)
No application for
withdrawal shall be granted if, in the opinion of the Commissioner, such
application has been induced by any bargain or consideration which ought not to
be allowed. (3)
If the application is
granted- (a)
the petitioner shall be
ordered to pay the costs of the respondents therefor incurred or such portion
thereof as the Commissioner may think fit. (b)
the Commissioner shall
direct that the notice of withdrawal shall be published in such manner as he
may specify and thereupon the notice shall be published accordingly, (c)
a person who might himself
have been a petitioner may within fourteen days of such publication, apply to
be Substituted as petitioner in place of the party withdrawing and upon
compliance with the condition of Rule 88 as to security, shall be entitled to
be so Substituted and to continue the proceedings upon such terms as the
Commissioner may think fit. (1)
[48][An
election petition shall abate only on the death of a sole petitioner or of the
survivor of several petitioners. (2)
[49][Where
an election petition abates under sub-rule (1), the Commissioner shall cause
the fact to be published in such manner as he may think fit. (3)
Any person who might himself
have been a petitioner may. within fourteen days of such publication, apply to
the Commissioner to be Substituted as petitioner and upon compliance with the condition
of Rule 88 as to security, shall be entitled to be so Substituted to continue
the proceedings upon such terms as the Commissioner may think fit). The petitioner shall enclose with the
petition a Government Treasury receipt showing that a deposit of Rupees five
hundred or such lesser amount as the Commissioner may direct has been made by
him either in a Government Treasury or in the Reserve Bank of India in favour
of the Commissioner as security for the costs of the petition. During the course of the trial of an
election petition, the Commissioner may at any time call upon the petitioner to
give such further security for costs as he may direct. No person shall be entitled to be joined
as a respondent under sub-rule (3) of Rule 79, unless he has given such
security for costs as the Commissioner may direct. Costs including pleaders' fees and the
cost of Government shall be in the discretion of the Commissioner : Provided that, where a petition is
dismissed under clause (a) of Rule 79. the returned candidate shall be entitled
to the costs incurred by him in contesting the petition and accordingly the
Commissioner shall make an order for costs in favour of the retunred candidate. The cost of election petition filed
under Section 144-T shall be borne by the parties and shall not be recoverable
or reimbursable from the funds of the society. Notwithstanding anything contained in
these rules, where any constituency extends over more than one District, the
Collector may, by order published in the Official Gazette, make provision for enabling
all or any persons or class of persons ordinarily residing or have registered
office outside his District to give their vote by postal ballot, and not in any
other manner, as an election in that constituency where a poll is
taken).6[Where the Collector has published an order providing for giving vote
by postal ballot in any constituency, the ballot paper shall be supplied by the
Returning Officer to every voter entitled to give his vote by postal ballot and
no application by the voter for supply of such paper is necessary.) NOTES;- Voting by postal ballot : - The
Returning Officer could not treat the ballot papers received by post as invalid
merely on ground of the instruction which do not partake in the character of an
order made by the Collector. Special Executive Magistrates are appointed by the
Government while publishing in the Gazette and such are Gazetted Officers of
the districts. All those ballot papers satisfied requirements of the
instructions and not liable to be rejected. Baburao Satgonda Patil v. The
Collector of Bombay and Returning Officer. Maharashtra State Co-op. Societies,
1981 CTJ 347 : AIR 1981 Bombay 228. (1)
The election of a nominee of
a society as a member of the Committee of any Specified Society under
sub-section (2) of Section 144-C shall be held in accordance with the
provisions of this rule. (2)
Where a society has to send
such nominee, and the Collector has published his order made under Rule 16 as
required by clause (b) of Rule 17, the Committee of the Society shall hold its
meeting for the election of the nominee, within a period of 15 days from the
date of publication of the election programme or within such extended period as
the Collector may allow. (3)
The election shall be
conducted in accordance with the provisions of the bye-laws of the society,
under the control of the Collector or the Returning Officer appointed by him
under Rule 9]. NOTES;- If at all, anybody was aggrieved
by these elections, he had a remedy of filing a dispute under Section 144-T of
the Act for challenging the elections but in no case the said power could have
been usurped by the Government or the Collector of Bombay to set at naught the
elections held. Madhav Santram Patil v. The Collector. Latur: Madhukarrao
Deorao Chavan v. The Collector. Osmanabad. 1987 CTJ 72. [1] Substituted by G. N. of CSL.
2278/45691/(205)/15-C. dated 19.12.1978. [2] Second proviso was deleted
by G. N. No. CLSection 2179/23298-15-C- (98) dated 18.6.1980 (M.G.G., Pt. IV-B,
Extra, p. 513). [3] Substituted by G.N. of
19.7.1972. [4] Substituted by G.N. of
27.10.1971. [5] Added by G.N. of 8.9.1978. [6] Substituted by G.N. of
10.1.1980. [7] Substituted by G.N. of 19.6.1974. [8] Added by G. N. CSL.
2279/8/15-C, dated 10.1.1980. [9] Substituted by G.N. CSL.
2280/37535/15(103) (M.G.G., Pt. IV-B. dated 17.7.1981 p. 1518). [10] Substituted by G.N. of
8.9.1978. [11] Substituted by G.N. of
19.10.1974. [12] Substituted by G. N. of 25.3.1994. [13] Amended by CSL.
1185/49256/CR-218/15-C, dated 14.7.1986. [14] Added by G.N. of 8.9.1978. [15] Added by G. N. CSL.
2279/8/15-C, dated 10.1.1980. [16] Substituted by G.N. CSL.
2182/4280/CR-11 / 15-C. dated 31.12.1986. [17] Added by G.N. of 8.9.1978. [18] ?Sub-rule (3A) was deleted by G.N. of
31.12.1986. [19] Substituted by G. N. of
18.2.2002. [20] Substituted by CSL
1185/49256/CR-218/15-C. dated 14.7.1986. [21] ?Substituted by G.N. of 11.5.1972. [22] Substituted by G.N. of
27.10.1971. [23] Substituted by G.N. of
11.5.1972. [24] Substituted by G.N. of
27.10.1971. [25] Substituted by G.N. of
11.5.1972. [26] Substituted by G.N. of
29.7.1972. [27] Substituted by G.N. of
25.2.1975. [28] Substituted by G.N. of
29.7.1972. [29] Substituted by G.N. of
29.7.1972. [30] Deleted by G.N. of
25.2.1972. [31] Substituted by G.N. of
19.7.1972. [32] Substituted by G. N. of CSL.
2278/45691/(205)/15-C. dated 19.12.1978. [33] Inserted by G.N. of
25.2.1972. [34] Inserted by G.N. of
25.2.1972. [35] Inserted by G.N. of
25.2.1972. [36] Inserted by G.N. of
25.2.1972. [37] Inserted by G.N. of
25.2.1972. [38] Inserted by G.N. of
25.2.1972. [39] Inserted by G.N. 1.9.1973 [40] Inserted by G.N. of
29.7.1972. [41] Substituted by G.N. of
25.2.1972. [42] Substituted by G. N. No.
CSC. 2179/23298-15-C-(98), dated 18.6.1980 (M.G.G., Pt. IV-B, Extra p. 513). [43] Inserted by G.N. of 1
1.5.1972. [44] Deleted vide G.N. CSL.
2279/13447/15-C (149). dated 13.5.80. [45] Substituted by G.N. of
30.4.1994 [46] Substituted by G.N. of
30.4.1994 [47] Inserted. ibid. [48] Renumbered by G.N. of
19.6.1972. [49] Added by G. N. of 19.6.1972. [50] Inserted by G.N. of
27.10.1971. [51] Inserted by G. N. of
3.10.1973.THE MAHARASHTRA SPECIFIED
CO-OPERATIVE SOCIETIES ELECTIONS TO COMMITTEES RULES, 1971
PREAMBLE