(1) In the case of elections by the constituencies referred to in sub-clause (i) of clause (b) of sub-section (2) of section 3, the Registrar shall prepare a roll of those persons whose names are entered in the register maintained under the Act, up to 31st December of the year preceding the year in which the election is to be held.
(2) In the case of elections to the Council by he constituencies referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (2) of section 3, the Registrar shall have a roll prepared for each such constituency at least four months before the date of expiry, of all those entitled to vote thereat.
(3) In the preparation of the roll of (i) the heads, (ii) matrons and Nursing Superintendents and (iii) sister tutors, of affiliated institutions the names of only such heads, matrons and Nursing Superintendents and sister tutors shall be included in the roll as are, on the date of its preparation, heads, matrons and Nursing Superintendents and sister tutors of the affiliated institutions and shall include the names of permanent heads, matrons and Nursing superintendents and sister tutors only of such institutions and not more than one name shall appear as that of the head of any affiliated institution.(4) Before preparing the rolls of such of the constituencies referred to in sub-clauses (ii) (iii) and (iv) of clause (b) of sub-section (2) of section 3, the Registrar may require the secretary or the corresponding authority of the affiliated institution to forward to him within a fortnight from the date of issue of such requisition; the following information:-
(a) the full name and address of the head of the affiliated institution;
(b) the full name and address of the matrons and Nursing Superintendents of the affiliated institutions; and
(c) the full name and address of the sister tutor or tutors of the affiliated institution.
(5) On receipt f the above information the Registrar shall prepare electoral rolls for the aforesaid constituencies and shall publish them in the office of the council on the dates specified in that behalf by the council. The electoral rolls of the matrons shall be prepared separately in respect of affiliated institutions.
(6) The President shall have the authority to correct the roll by adding, altering or omitting names if it is brought to his notice by proper evidence tat such addition or omission of names is necessary in the rolls already made or that the names so published require any alteration in the manner specified in the application:
Provided that no name shall be omitted unless the person concerned has been heard in that behalf. If any electoral roll is amended the roll with amendments shall form the electoral roll is amended the roll with amendments shall form the electoral roll for the purpose of the election under the ct. Copies of the electoral roll be available for sale from the office of the council at a price to be fixed by the council.
(7) The Registrar, or any other person authorized by the President in this behalf, shall be the Returning Officer for every election held under the Act.
(8) The Returning Officer shall notify in the Karnataka Gazette and on the notice board at the office of the Council the date for each of the following stages of election, namely:-
(a) the last date for making nomination, which shall be the date not later than sixty days before the date fixed for the counting of votes;
(b) the date for the scrutiny of nominations which shall be the date falling on the third or fourth day from the date of making nominations counting the last date for making nominations as the first day for the purpose;
(c) the last date for the withdrawal of the candidatures, which shall be the third or fourth day after the date for the scrutiny of nominations
(d) the last date for the receipt of the voting papers;
(e) the date for the counting of votes.
(9) Every person whose name is entered in the electoral roll prepare and published under sub-rules (1) and
(2) shall, unless disqualified under section 8, be qualified to be elected as a member under clause (b) of sub-section (2) of section 3 from the constituency to which the electoral roll relates.
(10) Every candidate to be elected under clause (b) of sub-section (2) of section 3 shall be proposed and seconded by the persons whose names are entered in the electoral roll prepared and published under subrules (1) and (2) for the constituency concerned.
(11) The nomination paper shall be in Form A in Schedule I. No elector shall propose or second the nomination of more candidates than are required to fill up the vacancy or vacancies.
(12) If more nominations than are required to fill up a seat or seats, be subscribed by the same electoral nominations subscribed by him shall be invalid.
(13) The candidate shall sign he nomination paper declaring that is willing to serve on the Council if elected. In the absence of such declaration the nomination shall be treated as invalid.
(14) The candidate shall send to the Returning Officer by Post or otherwise the nomination paper duly signed and completed so as to reach the Returning Officer before or on the last date fixed for nomination up to 12 O’clock in the noon. On receipt of the nomination paper the Returning Officer shall forthwith endorse thereon the date and hour of its receipt. Any nomination paper which is not received by the Returning officer on or before the aforesaid date and time shall be rejected.
(15) (i) Every candidate shall, along with the proposal for nomination, deposit with the Returning Officer a sum of rupees fifty in cash. A nomination paper not accompanied by such deposit shall not be accepted by the returning Officer. The deposit shall be returned if –
(a) the candidate is declared or is deemed to be duly elected, or
(b) the nomination of the candidate is declared invalid, or
(c) the candidate dies after the scrutiny of nomination papers and before the election is completed, or
(d) the candidate fails to be elected but secures valid votes in excess of the numbers specified in clause (ii).
(ii) If a candidate is not elected and if the number of valid votes recorded in his favour is less than 1/8th of the total number of votes recorded, or where the total number of members to be elected is two or more, 1/8th of the total number of votes recorded divided by total number of members to be elected, he deposit shall be forfeited to the Council.
(iii) The deposit shall, if it is not forfeited, be returned as soon as may be after the declaration of the result of the election.
(16) On the day fixed for the scrutiny of nomination papers the Returning Officer shall scrutinize the nomination papers received by him at a place appointed by him in this behalf at 12 noon. Any candidate may be present either in person or by an completion of the scrutiny of nominations and after the expiry of the period within which the candidate may withdraw his candidature under sub-rule (17), the Returning Officer shall forthwith declare the names of the candidates whose nomination papers are held valid by him.
(17) Any candidate may withdraw his candidature by sending a notice in writing signed by him to the Returning Officer not later than 12 noon on the day fixed for the withdrawal.
(18) If on the scrutiny of the nomination papers received the Returning Officer finds that the number of valid nominations is equal to the number of members to be elected, he shall forthwith declare all such candidates to be elected to fill those seats.
(19) If the number of valid nominations is more than the number of the members to be elected, the Returning Officer shall forthwith publish their names and addresses in such manner as the Council may deem fit and shall further cause their names to be entered in the voting papers in Form B in Schedule I.
(20) After the candidates have been validly nominated the Returning Officer shall send by post to each elector (i) a voting paper; (ii) a small blank cover with the words “Voting Papers” printed thereon; and (iii) a bigger cover on which are printed, on the left top corner, the serial alphabetical number, and on the left lower corner, the name and signature columns and, in the Centre, the address of the Returning Officer printed as under;
“To The Returning Officer C/o. Karnataka Nursing Council, Bangalore”.
(21) An elector, who has not received his voting paper and other connected papers as provided in sub-rule
(2) or whose papers, before they are returned back to the Returning Officer have been inadvertently spoilt in such a manner that they cannot be conveniently used, or who has lost his papers, may on his transmitting to the Returning Officer a declaration to that effect signed by himself require the Returning Officer to send him duplicate papers in place of those not received, spoilt or lost, and if the papers have been spoilt, the same shall be returned to the Retuning Officer who shall cancel them. In every case, when duplicate papers are issued, a record thereof shall be kept by the Returning Officer and a mark ‘Duplicate’ shall be placed on the bigger cover which shall bear the same serial alphabetical number as was originally given on the bigger over sent to the elector. The voting papers issued in such cases shall also be marked ‘Duplicate’.
(22) Every elector, desirous of voting, shall send his voting paper to the Returning Officer before the time fixed for the receipt of voting papers. The votes shall be given according to the distributive system of voting as defined in section 11. The Returning Officer shall keep the voting papers collected in sealed boxes:
Provided that any voting paper is not received by the Returning Officer before the time so fixed shall be rejected.
(23) The Returning Officer shall nominate as scrutinisers such number of members of the office of the Council not exceeding four as he thinks fit.
(24) Any candidate may be present either in person or by his accredited representative at the counting of votes.
(25) When the counting of votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates, as the case may be, to whom the largest number of votes has been given, to have been elected and shall forthwith inform the successful candidate by letter of his having been elected to the Council.
(26) When an equality of votes is found to exist between any two or more candidates, and the addition of a vote will entitle any one or more of the candidates to be declared elected, the determination of the candidate or candidates to whom such additional vote shall be deemed to have been given shall be made by lot to be drawn by the Returning Officer in such manner as he shall determine.
(27) After the result of the election has been declared by him, the Returning Officer shall seal the voting papers and all other documents relating to the election and retain the same with himself in safe custody for a period of six months; and thereafter shall cause them to be destroyed.
(28) After the declaration of the result of the election and after the receipt of the result of such election from the Returning Officer, the President shall forward such result to the state Government for publication in the Karnataka Gazette.
(29) (i) An election petition challenging the validity of any election shall be presented to the Returning Officer by any candidate at such election within fifteen days from the date of publication of the results under sub-rule (28) in the Karnataka Gazette. An election petition-
(a) hall be accompanied by as many copies as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition;
(b) shall contained concise statement of material facts on which the petitioner replies;
(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908) for the verification of pleadings.
(ii) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.
(iii) The petitioner shall join as respondents to his petition where the petitioner in addition to claiming a declaration that the election of the returned candidate is void claims a further declaration that he himself or any other candidate has been duly elected all the contesting candidates other than the petitioner, and where any such further declaration is claimed the returned candidate.
(iv) The petitioner may claim any of the following declarations-
(a) that the election of the returned candidate is void;
(b) that the election of the returned candidate is void and that he himself or any other candidate has been duly elected.
(30) An election petition shall be presented to the Returning Officer in person by the person making the petition or by a person authorized by him in writing in this behalf or sent by Registered Post with acknowledgment due. The Returning Officer shall give a written acknowledgement for every petition presented in person.
(31) The Returning Officer shall forward the election petition to the Government together with his remarks thereon within a week of its receipt by him.
(32) On receipt of election petition from the Returning Officer, the Government may after such enquiry as it deems fit and after giving an opportunity to the parties to the proceedings of being heard make an order,-
(a) dismissing the petition or
(b) declaring the election of the returned candidate to be void; or
(c) declaring the election of the returned candidate to be void and petitioner or any other candidate duly elected.
(33) The provisions of sub-rules (8) to (32) (both inclusive) shall apply to a by-election under this Act, from the constituency referred to in this rule subject to the modification that the electoral rool current at the date of the notification calling upon the constituency to elect a member at such by-election shall be deemed to be the electoral rool for the purpose of the by-election.