(a) A society with a paid up capital of rupees ten thousand or less shall not incur expenditure of more than 1[five hundred] rupees of election.
(b) A society with a paid up share capital of more than rupees ten thousand but not exceeding rupees one lakh shall not incur more than rupees 2[one thousand] on election.
(c) A society with a paid up share capital of more than rupees one lakh shall not incur expenditure of more than rupees 3[two thousand] on election.
21. (a) Notwithstanding anything contained in the bye-laws of any society the election of members of the committee of every primary agricultural society shall be held after every three years in the manner indicated herein after :
Provided that the election of members of the committee of such primary societies whose election has already become due on the date of coming into force of this rule shall be conducted within three months of the said date in accordance with the provision of this rule.
4[(b) The Assistant Registrar Cooperative Societies having jurisdiction, shall in writing communicate at least two months in advance, to the committee/Board or Administrator, as the case may be, the date on which election of members of the committee/Board of the Cooperative Society is due to be held].
5[(c) Within seven days of the communication referred to in clause (b) a list of members of the Cooperative Society entitled to vote shall be prepared by the Assistant Registrar and authenticated under his signatures and official seal. A copy of this list shall be forwarded to the committee/Board/Administrator by the Assistant Registrar within two days of its preparation. The list so prepared shall constitute the draft electoral roll of the Cooperative Society].
(d) 6[On receipt of draft electoral roll from the Assistant Registrar, the Committee/Board or the Administrator, as the case may be, shall give not less than 15 days prior notice to the members of the Cooperative Society informing them of the aforesaid election and also of the fact that a general body meeting shall be held on a day to be fixed in this behalf for holding election].
1. Substituted for “two hundred” by SRO-236 dated 25.4.2013.
2. Substituted ibid for “four hundred”.
3. Substituted ibid for “one thousand”.
4. Clause (b) of rule 21 substituted ibid.
5. Clause (c) of rule 21 substituted ibid.
6. First para of clause (d) substituted ibid.
15 The notice shall be in form ‘B’ appended to these rules and shall specify :—
(i) the number of vacancies to be filled by the election ;
(ii) the place where the draft electoral roll can be examined and the last date upto which and the officer before whom objection to the entries therein may be filed, such date being not earlier than 15 days from the date of issue of the notice ;
(iii) the date on which objections, if any, to the draft electoral roll shall be examined and disposed of ;
(iv) the date, time and place upto and at which the nomination papers shall be received ;
(v) the date, time and place of scrutiny of nomination papers and the name of the officer who shall make scrutiny ;
(vi) the last date of withdrawal of candidatures ;
(vii) the date, time and place at which the General Body meeting shall be held and the hours between which the polling shall take place, such date being not earlier than 30 days of issue of the notice.
A copy of the notice shall also be sent to the Assistant Registrar for record.
(e) The notice mentioned in clause (d) shall be given in the following manner :—
(i) by post under certificate of posting ;
(ii) by affixing a copy thereof on the notice board outside the registered office of the society and also at conspicuous places in the area of operation of the society ; and
(iii) the beat of drum in the area of the operation of the society.
1[(f) Sufficient copies of draft electoral roll shall be obtained by the Committee/ Board/Administrator. A copy each shall be kept open for public inspection at the registered office of the Cooperative Society and at the Panchyat Ghars located in the area of operation of the Cooperative Society].
1. Clause (f) substituted by SRO-236 dated 25.4.2013.
16 1[(g) The objections to draft electoral roll shall be received by Committee/ Administrator with a copy to Assistant Registrar for information. The Committee/ Administrator shall be assisted by Assistant Registrar for scrutinising and disposing of the same :]
Provided that no entry shall be deleted from the draft roll nor shall any modifications be made therein unless the person affected thereby is given an opportunity of being heard.
Objections to the draft electoral roll shall be disposed of within two days from the date fixed for receipt thereof.
(h) The orders made on the objections filed shall be incorporated in the draft electoral roll under the signature of the 2[3{Assistant Registrar} and the electoral roll shall be countersigned by Assistant Registrar]. The rolls so amended shall constitute the final electoral roll of the society.
(i) A nomination paper shall be rejected if the person applying for nomination is ineligible for being elected as a member of the committee under the provisions of the Act or the rules made thereunder or the bye-laws of the society, notwithstanding that no objection is taken to his nomination by any one.
4[(j) The candidates whose nomination papers are found to be valid may withdraw their names within a period of two days from the date of scrutiny by addressing a communication in form ‘C’ appended to these rules to the 3[Assistant Registrar] with a copy to the 5[Committee/Administrator].]
(k) On the fixed date the General Body meeting shall be presided over by a member of the society who shall be elected on the spot by a majority vote to act as Chairman of the meeting :
Provided that no person shall be eligible to act as Chairman if he suffers from any of the disqualifications provided under the Co-operative Law 6[and Assistant registrar shall be representative of the Government who will act as enabler/facilitator only].
The Chairman shall act as the Returning Officer. The 7[Secretary of the Cooperative Society] having jurisdiction shall function as the Ex-Officio Secretary of the General Body Meeting.
1. Recast by SRO-1 dated 04.01.2005.
2. Substituted for “Assistant registrar” ibid.
3. Substituted for “Committee/Administrator” by SRO-236 dated 25.4.2013.
4. Recast vide SRO-01 dated 04.01.2005.
5. Substituted for “Assistant Registrar” by SRO-236 dated 25.04.2013.
6. Inserted by SRO-01 dated 04.01.2005.
7. Substituted ibid for “Assistant Registrar”.
17 1[(l) Before the election is conducted, the Assistant Registrar having jurisdiction, shall read out in the General Body Meeting the names of the persons whose nomination papers are found to be valid and who have not withdrawn their candidatures and are eligible to be elected to the Committee/Board of the Cooperative Society.]
(m) The proceedings of the General Body with the results of the election shall be recorded in the minute book of the society and attested by the Returning Officer and the 2[Assistant Registrar (Ex-Officio Secretary)] immediately after the conclusion of the elections and the announcement of the results.
The counting of votes shall take place immediately after the votes are cast in presence of the members present.
(n) For matters not specifically mentioned in this rule the provisions of clauses
(g), (h), (i), (j), (k), (l), (m), (n) and (p) of rule 18 shall mutatis mutandis apply.
(o) If at an election the proceeding are interrupted or in any way disturbed and if in the opinion of the Returning Officer election cannot be held fairly, the General Body meeting be adjourned and the elections postponed.
(p) When an election has been postponed, the Chairman shall with the previous information to the Assistant Registrar fix a new date for the purpose of holding the elections and the provision of this rule shall mutatis mutandis apply to such elections.
(q) Any dispute arising out or in connection with the elections held under this rule shall be disposed of in the manner laid down for determination of the disputes arising out of or pertaining to elections under rule 16 of the Co-operative Societies Rules of 2000.