(1) 3[the Returning Officer], shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary.
(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer, under these rules.
(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 authorized by the returning officer to perform such functions during any such absence.
(4) It shall be the general duty of the presiding officer at a polling station to maintain order there at and to see that the poll is fairly taken.
(5) It shall be the duty of the polling officer at a polling station to assist the presiding officer for such station in the performance of his functions.
(6) 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 as may be assigned to him by the returning officer or by the Co-operative Election Authority/the Election Officer as the case may be].
(7) Under the supervision and control of the returning officers or the assistant returning officers, the presiding officer and the polling officers shall take poll on the day of election and immediately after close of the poll, they shall count the votes cast by the members or representatives/delegates and prepare the reports / returns as may be directed. They shall also submit the documents or materials relating to the election to the concerned returning officer or the assistant returning officer.]
1. Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015
2. Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015
3. Substituted for the word “The District Election Officer” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015
4. Substituted for the word “by the Co-operative Election Commission” by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015 24 1[14.Notification of General Election.- (1) The District Election Officer shall with the approval of the CEC notify in Form XI the intended election referred to in Section 39-AA.
(2)The District Election Officer shall in such notification specify.-
(i) the last date for making nominations which shall be the 2[seven] clear day before the date of election;
(ii) the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nominations;
(iii) the last date for the withdrawal of candidatures, which shall be the fifth clear day before the date of election;
(iv) the date on which the poll shall, if necessary, be taken and the hours 3[between 9.00 am to 4.00 pm] during which the poll shall be taken; and
(v) the date before which the election shall be completed.
(3) (a) On the issue of the notification under sub-rule (1), the returning officer shall give a public notice of the intended election in Form XII by displaying it on the notice board in his office and in the office of the cooperative society and at such other places as he deems necessary, inviting nominations for such election.
(b) in the said notice, the returning officer shall specify among other things the last date for receipt of nominations, the place at which nominations are to be delivered, date of scrutiny of nominations, the last date for withdrawal of candidature, the date on which a poll shall, if necessary be taken and the hours 4[between 9.00 am to 4.00 pm]of poll and the date before which elections shall be completed which shall conform to the dates notified in that behalf by the District Election Officer under sub-rule (2).
14-A. Presentation of nomination paper.-(1) On or before the date appointed for making nominations, each candidate shall in person deliver to the returning officer/Assistant Returning Officer 5[or the Assistant Returning Officer] at the place specified in this behalf, a nomination paper duly completed in Form-XIII and signed by the candidate and another member with right to vote as proposer. Such nomination shall also contain a declaration signed by the candidate expressing his willingness to stand as a candidate for election to the board of
1. Sub-clause (f) substituted by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6- 2015
2. Substituted for the words “approval of the Co-operative Election Commission” by Notification No.CO 226 CLM 2014, dated 6-6-2015
3. Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015
4. Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015
5. Substituted for the word “Commission” by Notification No. CO 226 CLM 2014, dated 6-6- 2015, w.e.f.6-6-2015 25 the society from a general constituency or a constituency reserved for SCs or STs or Women or Backward Classes.
Provided that no member/delegate shall be a candidate for more than one constituency and that no member/delegate shall propose more than one candidate from the same constituency.
Provided further that a nomination paper filed on behalf of a cooperative society shall be accompanied by a resolution of the board of that society and shall be signed by the candidate himself / herself.
(2) If a,-
(i) seat is reserved for the backward classes, scheduled castes, or scheduled tribes, 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 class, caste or tribe of which he is a member and the said class, caste or tribe is a backward class, scheduled caste, or scheduled tribe. 1[who desires to contest for the seat reserved for backward classes, scheduled caste and scheduled tribe shall submit a valid caste certificate issued by the Competent Authority];
(ii) Seat is reserved for women; the nomination paper shall contain a declaration that the candidate is a woman.
(3) Every such nomination paper shall be accompanied by a receipt of deposit either by way of cash or by way of pay order or demand draft drawn in favour of the cooperative society as specified below:-
(i) in respect of a primary or a secondary society- Rs.2,000/-;
(ii) in respect of a federal or an apex society- Rs.5,000/- Provided that if the candidate belongs to scheduled caste, scheduled tribes, backward classes and women group or constituency, the deposit to be paid by him shall be fifty percent of the amount specified above.
(4) On the presentation of a nomination paper, the returning officer/Assistant Returning Officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral roll.
(5) The returning officer/Assistant Returning Officer shall on receiving the nomination paper, enter on the nomination paper its serial number, date and time of receipt and immediately give an acknowledgment for having received the same and shall also inform the candidate of the date, time and place fixed for scrutiny
1. Inserted by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015
2. Inserted by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015 26 of nominations. The returning officer 1[or Assistant Returning Officer] shall, at the close of the time fixed for the receipt of the nomination papers, prepare and display on the notice board of the society a list of nominations received by him and also on the notice board of his office if need be.
14-B. Scrutiny of Nominations.- (1) On the date fixed for scrutiny of nominations, the candidates or their proposers, may be present at such time and place as the returning officer may appoint, and the returning officer shall provide them an opportunity to give objections within the time and in the manner laid down in this rule for satisfying themselves about their correctness, eligibility and completeness.
(2) The returning officer/Assistant 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 enquiry as he thinks necessary, reject any nomination on any of the following grounds, namely:-
(i) that the candidate either is not qualified or is disqualified for being elected as a director of the board / representative under the provisions of the Act, the rules and the bye-laws;
(ii) that the signature of the candidate or the proposer on the nomination paper is not genuine.
Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or of the name of his proposer or of any other particulars in regard to the candidate or his proposer as entered in the electoral roll (list of the members/representatives/delegates) if the identity of the candidate or proposer, as the case may be, is established.
Provided further that the returning officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.
(iii) that the nomination paper has been delivered or received after the date and time fixed for the receipt of the nomination.
(3) The returning officer/Assistant 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.
(4) Immediately after all the nomination papers have been scrutinized and decision accepting or rejecting the same have been recorded, the returning
1. Inserted by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015
2. Substituted for the words “give them all reasonable facilities to examine the nomination papers of all the candidates which have been delivered’ by Notification No. CO 226 CLM 2014, dated 6-6-2015, w.e.f.6-6-2015 27 officer shall prepare a list containing the names in the alphabetical order in Kannada and addresses as given in the nomination papers of validly nominated candidates in Form XIV that is to say candidates whose nominations have been found valid and affix it on the notice board of his office. A copy of the said list shall also be published on the notice board of the society on the same day.