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Section 86: Other offences and penalties therefore

maharashtra cooparative society (committee election 2014) rule 2014State Rules of Maharashtra · 1986

(1) A person shall be guilty of an electoral offence, if at any election he —

(a) fraudulently defaces or fraudulently destroys any nomination paper; or

(b) fraudulently defaces; destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officer; or

(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelop used in connection with voting by postal ballot; or

(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or

(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorized by law to put in; or

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purpose of the election; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or willfully aids or abets the doing of any such acts.

(2) For the purposes of this rule, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression “official duty” shall not include any duty imposed otherwise than by or under this Act.

31¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-¤É, ºÉ{]åõ¤É®ú 12, 2014/¦ÉÉpù 21, ¶ÉEäò 1936 FORM E-1 [See Rule 5 (1)] Register showing the names of co-operative societies to be maintained by the State Co-operative Election Authority regarding particulars of elections of Committee due for election in the subsequent year Sr. Division District Taluka / Name of Bye-law Total strength of Date on Date by No. Ward the Society No. members to which last which the with Reg. regarding the committee election term of Remarks Number strength to be elected of office present and full of the bearer committee address committee in office will expire No. of No. of constituen- member cies

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) FORM E-2 [See Rule 5 (2)] Forms of report to be delivered by the committee of the society 6 Months before of the expiry of the period of the committee of the society.

Sr. Name of Co-operative Date of result Date on which Names of No. of M C Remarks No. Society with Registration which term of present constituencies members to be No. and Address last election M C members as per bye-law elected against of managing in office to each constituency committee was expire held declared

(1) (2) (3) (4) (5) (6) (7) Note .—The certificate from the Chief Executive Officer / Secretary of the society to the effect that submission of provisional voter’s list will follow within 7 days shall be as under :— CERTIFICATE I Shri / Smt. —————————————— Chief Executive Officer / Secretary of the ——— ———————————— Society Ltd., ————— hereby certify that—

(1) The Society shall prepare provisional voter’s list of the members prior to that date and on or before expiry of 120/150 days;

(2) The information furnished in the Form E-2 is as correct and derived from the records of the society;

(3) The particulars to be included in the provisional voter’s list shall be according to Rule No. 6 of these rules.

Seal of the Society Name and Signature of the Date :

Chief Executive Officer/Secretary of the Society.

32 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-¤É, ºÉ{]åõ¤É®ú 12, 2014/¦ÉÉpù 21, ¶ÉEäò 1936 FORM E-3 Provisional List of Voters (See Rule 7 and 10)

1. Name and Address of the Society : —————————————————————————

2. Registration No. and Date : ————————————————————————————

3. Total Members as on date of publication of Provisional Voter’s List : —————————

4. Total eligible voters as on date of publication of Provisional Voter’s List: ——————— Sr. No. Name of the member Membership No. Age Gender address (in alphabetical order) (Surname, first Name and middle name)

(1) (2) (3) (4) (5) (6) Note .—Society may prepare provisional voter’s list considering the area of operation, branches, and the convenience of the conduct of election.

Name and Signature of the Place : Chief Executive Officer/Secretary of the Society.

Date :

FORM E-3 (1) List of Voters (See Rule 7 and 10)

1. Name and address of the Society : —————————————————————————

2. Registration No. and date : ————————————————————————————

3. Total Members as on date of publication of Provisional Voter’s List : —————————

4. Total eligible voters as on date of publication of Provisional Voter’s List : ————-—— Sr. Name of the Name of the Membership Age Gender Address No. member representative No.

Society of member Society (Surname, first Name and middle name)

(1) (2) (3) (4) (5) (6) (7) Returning Officer.

Place :

Date :

Seal of the Society Seal of the Society 33¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-¤É, ºÉ{]åõ¤É®ú 12, 2014/¦ÉÉpù 21, ¶ÉEäò 1936 FORM E-4 [See Rule 19] Office of the Returning Officer ——————————————————————————— (Present office designation shall be mentioned) Name of the Co-operative society : ———————————————————————— Ltd., Tahsil ———————————— District ——————————— .

In exercise of the powers conferred by Rule 19and for the Election of the committee members of aforesaid Co-operative societies as declared by the State Co-operative Election Authority or District Co-operative Election Officer, I ............. (Official designation.............) and the Returning Officer appointed to conduct election of committee members …………. Society Ltd., Tahsil………..District…………. with the prior approval of the District Co-operative Election Officer, or the State Co-operative Election Authority, hereby draw and declare a program of various stages of election for electing the member/members of committee of the Co-operative society, known as……….Ltd., Tahsil……, District…….. and appoint in relation to the election by the constituency or constituencies specified in col. (1) of the Schedule appended hereto (hereinafter referred to as the respective constituency).

Schedule Serial Name of the Date for filing Publication of Date and Time Date of No. Constituency Nominations List of for Scrutiny of Publication (place from which Nominations Nominations of valid nomination papers Nominations are obtainable)

(1) (2) (3) (4) (5) (6) Date of which Date of Date and time during Date, time and Date of declaration candidature allotment of which and the place at place for counting of result of voting may be symbols & which the poll shall be of votes withdrawn publication taken of final list of contesting candidates

(7) (8) (9) (10) (11) Address of the Office of the Returning Officer : .........................................

Contact No : ............................................ E-mail Id : .....................................

Returning Officer Name and sign. and seal Approved by SCEA / DCEO.

¦ÉÉMÉ SÉÉ®ú--¤É--221-5 34 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-¤É, ºÉ{]åõ¤É®ú 12, 2014/¦ÉÉpù 21, ¶ÉEäò 1936 FORM E-5 [See Rule 20(2)] Form of Nomination Paper Election to the ……….....………… Co-operative Society Ltd., ………….., Tahsil………...., District…………………. (To be filled by the proposer).

I hereby nominate Shri/Smt. …………………………….. as a candidate for election from the ……......................…… constituency.

1. Name of the Constituency …………………………………………………..

2. Name of Candidate ……………………………..……………………………………………………..

(Surname) (Name) (Father’s/Husband’s name)

3. Age

4. Full Postal address of the candidate ……………………………..………………………............

(Enclosed Photocopy of Residential Address Proof and Photo ID).

5. Contact No. (A) Residence / Office ………………………… (B) Mobile No. …………….......

(C) E- mail Id ……………………………………… (D) Adhaar Card No. …………...............…

6. Name of the Constituency ……………………………………………………………………………

(i) In a constituency having a reserved seat, state the particular of the caste / tribe or other Backward class /Nomadic Tribes/Special Backward Class to which the candidate belongs.

(ii) The Name of the constituency in which the ………………………………………………..

name of the candidate is entered as a voter in the list of voters.

(iii) Serial Number of the candidate ……………………………………………… in the list of voters of the constituency aforementioned in which his name is entered as a voter.

7. Name of the proposer ……………………………………………………………………………….

(Surname) (Name) (Father’s/Husband’s name)

8. Contact No. (A) Residence / Office ………….........…… (B) Mobile No. ……........………… E-mail Id ………………

9. Serial Number of the proposer in the list of voters of the constituency ……….....……… Signature of the Proposer.

10. Name of the Seconder, ……………………………………………………………………………… (Surname) (Name) (Father’s/Husband’s name)

11. Serial Number of the Seconder in the list of voters of the constituency……………..

Signature of the Seconder.

Declaration by Candidate I hereby signify my willingness to serve as a member of the committee of the society, if I am elected.

Date : Signature of the Candidate Passport size Photograph 35¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-¤É, ºÉ{]åõ¤É®ú 12, 2014/¦ÉÉpù 21, ¶ÉEäò 1936 Declaration by Candidate I hereby declare that I do not incur any disqualification under Section 73 CA of Maharashtra Cooperative Societies Act, 1960.

Date : Signature of the Candidate.

Declaration to be made by the candidate for the constituency under section 73 B ( SC/ ST, OBC, NT/DT/ SBC) I hereby declare that I am a member of the ………......………………. Caste / tribe which is a scheduled caste / tribe, other backward class / nomadic tribe / special backward in relation to the state of Maharashtra. I am attaching herewith the attested photocopy of my Caste Certificate issued by competent Authority.

Signature of the Candidate.

Declaration as to choice of symbol I do hereby declare that the symbols which I have chosen for my election are shown below in the order of my preference : (1) ………........………, (2) ……….........……… (3) ……….........……… Signature of the Candidate.

.......................................................................................................................................................................

Serial number of nomination paper ……………………………….

This nomination was delivered to me at my office at ……….......…………… (hrs.)

on …………………… (date) by the candidate/Proposer of the candidate.

Date : Signature of Returning Officer.

.......................................................................................................................................................................

Receipt for Nomination paper and notice of scrutiny (To be handed over to the person presenting the nomination paper) Serial number of Nomination paper ……….........….....………. The nomination paper of ……..........….. a candidate for election from the……….......………. Constituency of …….....……….

Co-operative Society Ltd., was delivered to me at candidate/proposer of candidate.

All nomination papers will be taken up for scrutiny at …….........……….. (hour) on ……..........…….. (date) at ………...........….

Place :

Date : Signature of Returning Officer.

seal ¦ÉÉMÉ SÉÉ®ú--¤É--221-6 36 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-¤É, ºÉ{]åõ¤É®ú 12, 2014/¦ÉÉpù 21, ¶ÉEäò 1936 FORM E-6 [See Rule 27] Notice of withdrawal of Candidature Election to the committee of ………................……………………………… Co-operative Societies Ltd. …………………..… Taluka .......….......………., District …...….........…………… from the…………………………. Constituency.

To, The Returning Officer, ……………………………………… I, ……………………………………………………, a candidate at the above election do hereby give notice that I withdraw my candidature.

Place : …………………… ……………….............… Date : …………………….. Signature of Candidate.

.......................................................................................................................................................................

This notice was delivered to me at my office at ……………….. (hour) on ………….. (date) by ……………. (name), the …………………… …………………...……… Date ……………. Signature of Returning Officer.

.......................................................................................................................................................................

Receipt for Notice of Withdrawal (To be handed over to the person delivering the notice) The notice of withdrawal of candidature by ……...…………………………………….. a candidate at the election to the committee of ………........….. Co-operative Societies Ltd., from …………………………….. Constituency was delivered to me by the ………………….. at my office at …… (hour) on …………………………… (date).

…………………....……… Date ……………. Signature of Returning Officer.

* Here insert one of the following alternatives as may be appropriate :—

(1) Candidate.

(2) Candidate’s proposer who has been authorized in writing by the candidate to deliver this notice.

(3) Candidate’s election agent who has been authorized as stated above.

37¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-¤É, ºÉ{]åõ¤É®ú 12, 2014/¦ÉÉpù 21, ¶ÉEäò 1936 Form E-7 [See Rule 28] Final list of Contesting Candidate Election to the committee member of …………….............................…. Co-operative Society Ltd., …......................……, Tahsil ……..................………, District ……..................……….. from the ……………………………………………………………….. Constituency.

Serial No Name of the Candidate Address of the Symbol allotted to the Candidate Candidate

(1) (2) (3) (4) Place : …………………… ……………….............… Date : …………………….. Signature of Returning Officer.

N.B.—1. Names shall be arranged in alphabetical order of surname. If no surname then first name and for other Publication of the list of contesting candidates shall be made on the notice board of the office of the Returning Officer and the registered office of the Society.

———————— Form E-8 [ See Rule 29(1)] Appointment of Election Agents Election to the committee of ……………………………………… Co-operative Societies Ltd., ……………………, Taluka…………., District ……………………… from the………………………….

Constituency.

To, The Returning Officer, ……………………………………… I, ……………………………………………………, a candidate at the above election do hereby give notice that I have appointed ………………………….. of ……………...(Sr. No. …. of voter list) as my election agent from this day at the said election.

Place : …………………… Date : …………………….. …………….........…… Signature of Candidate I accept the above appointment. …………….........…....… Signature of Election Agent.

Place : …………………… Date : ……………………..

¦ÉÉMÉ SÉÉ®ú--¤É--221-6+ 38 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-¤É, ºÉ{]åõ¤É®ú 12, 2014/¦ÉÉpù 21, ¶ÉEäò 1936 FORM E-8-A [See Rule 30] Appointment of Polling Agents/Counting Agents Election to the Committee members of …………….………………. Co-operative Society Ltd., …….......…, Tahsil……………, District…………….. from the ………….. Constituency.

To, The Returning Officer/The Presiding Officer……………………… I, ……………………………………., a candidate of the present election do hereby request you that I have appointed Shri .……………………., as Polling Agent to attend Polling station/ Polling Booth No………….. of Polling station at :

Date : Signature of the Candidate.

I agree to act as Polling Agent.

Date : Signature of the Polling Agent.

Declaration of the Polling/Counting Agent to be signed before the Returning/Polling Officer I hereby declare that I will not at election for……………….. (name of constituency) constituency do anything forbidden by the Act, or these Rules or bye-laws thereunder.

Date :

Signature of the Polling/Counting Agent.

Signed before me.

Date : Returning Officer/Polling Officer.

——————————— FORM E-9 [See Rule 32] Form of declaration of result of uncontested election ………………...........................…....……Co-operative Society Ltd., .................................………. , Tahsil ………......……, District………….........….. election for …….........…….. constituency for period ………….. (years) Year of election : ……………………..

In pursuance of the provisions contained in Rule 30 of the Maharashtra Co-operative Societies Election Rules, 2014, I declare that Shri/Smt. .........………………. has/have been duly election to fill in the seat/seats in the above constituency as he was/they were the only uncontesting candidate(s) from the constituency.

I also certify and declare that the abovementioned relevant No. of seats to be elected to form the Managing Committee are duly elected.

Place :

Date : Signature of the Returning Officer.

39¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-¤É, ºÉ{]åõ¤É®ú 12, 2014/¦ÉÉpù 21, ¶ÉEäò 1936 FORM E-10 [See Rule 35] Form of Ballot Paper …………….................……....…… Co-operative Society Ltd., .....................................………. , Tahsil ………….....…, District……......……….. Election for ………………………….. constituency.

Year of election : ……….........…………… Sr. No. ……......................………………….

…………….................……....…… Co-operative Society Ltd., .....................................………. , Tahsil ………….....…, District……......……….. Election for ………………………….. constituency.

Year of election : ……….........…………… Sr. No. Name of the Candidate Symbol assigned

(1) (2) (3) —————————— FORM E-11 [See Rule 41] List of Challenged Votes Election of the ……………………… Co-operative Society Ltd., …......................................……., Tahsil ……………, District ……………..................

(a) Name of Constituency …………………………

(b) Polling Station (Place) ………………………...

(c) No. of Polling Station, if any …………………… Sr. No. of Entry Name of the Serial No. of Voter Signature or Name of person Voter as per voter list thumb impression challenging of the voter and his address

(1) (2) (3) (4) (5) Amount of Identity Proof Order of Presiding Signature of In case deposit not deposit made (Rs.) Shown Officer in each case challenger returned the acknowledging remarks of receipt of deposit Presiding when it is returned Officer

(6) (7) (8) (9) (10) Place : Signature of Presiding Officer.

Date :

40 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-¤É, ºÉ{]åõ¤É®ú 12, 2014/¦ÉÉpù 21, ¶ÉEäò 1936 FORM E -12 [See Rule 46] Form of declaration by companion of blind or infirm voter Election to the committee members of ……………………..…………. Co-operative Society Ltd., ……….........., Tahsil ……………, District …………….. from the ………….. constituency.

No. and name of Polling Station :

I,…………………………………., Aged ………………., Residing at …………………………. Hereby declare that :—

(a) I wish to act as companion of Shri/Smt.……………………………………. Who is a blind/ infirm voter at the above election and whose name is in the voters list at Sr. No. ............

(b) I have not already acted as the companion of any other voter at my polling station on this day.

(c) I will keep secret the vote recorded by me on behalf of the voter aforesaid.

Place : Signature of the companion.

Date :

FORM E - 13 [See Rule 46(2)] List of Blind and Infirm Voters Election to the managing committee members of ……………………..………………. Co-operative Society Ltd., ………, Tahsil……………, District…………….. from the ………….. constituency.

No. and name of Polling Station : .......................................................................

Serial No. Full Name of Full Name of Address of Signature or of voter Voter Companion Companion thumb impression of Companion

(1) (2) (3) (4) (5) Place : Signature of Presiding Officer.

Date :

—————————— Form E-14 [See Rule 48(2)] Tendered Voters List Election of the …………….....................………… Co-operative Society Ltd., ................……….

Tahsil ……………, District ……………..

(a) Name of Constituency ……………….

(b) Polling Station (Place) ……………….

(c) No of Polling Station, if any. …………….

Serial Name of Sr. No. of Address of Sr. No. of Sr. No. of Signature No. of the Voter the Voter the voter tendered ballot paper or thumb the in the list ballot issued to impression entry of Voters paper the person of the who has voter already voted

(1) (2) (3) (4) (5) (6) (7) Place : Signature of Presiding Officer.

Date :

41¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-¤É, ºÉ{]åõ¤É®ú 12, 2014/¦ÉÉpù 21, ¶ÉEäò 1936 FORM E-15 [See Rule 51] Ballot Papers Account Election of the …………...............…………… Co-operative Society Ltd., …...................……., Tahsil …….......................………, District ………....………….. from the ……...…….. constituency.

Sr. No. Name of Polling Station Serial Nos. Total Nos.

(1) (2) (3) (4) I Number of ballot papers received by the Presiding Officer at the Polling Station and, if the Polling Station has more than one booth, at each booth II Number of ballot papers issued to voters III Number of unused ballot papers returned IV Number of ballot papers cancelled V Number of tendered ballot papers used Place :

Date : Signature of Presiding Officer.

Note.— If a Polling Station has more than one polling booth, separate account in this form be attached in respect of each of such polling booth.

—————————— FORM E-16 [See Rules 59 and 63] Form of Result Sheet Election of the ……………………… Co-operative Society Ltd., …................……..............., Tahsil …….......…… , District …………...............……….. from the ……….............…..

constituency.

Polling No of valid Votes Total Rejected Number of Station Cast in favor of Valid votes A,B,C etc. vote Sr. Name A B C D Total votes at Tendered votes No. of polling polling station Station Total No. of votes recorded at —————————————— polling station (s) Place :

Date : Signature of the Returning Officer.

42 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-¤É, ºÉ{]åõ¤É®ú 12, 2014/¦ÉÉpù 21, ¶ÉEäò 1936 FORM E-17 [See Rule 64] Form of declaration of result and publication of names of member of the committee Election of the ……………..................………… Co-operative Society Ltd., ……........................…., Tahsil ………..................……, District …….................……………..

(i) Election for (period)

(ii) Name of constituency Sr. No. Name of Candidate No of valid votes polled by the candidates

(1) (2) (3) 1 2 3 Etc. :

(a) Total No. of valid votes :

(b) Total No. of invalid votes :

(c) Total No. of tendered votes :

I declare that …………………………….. (name) ………………………….. (address) has been duly elected.

Signature of the Returning Officer.

By order and in the name of the Governor of Maharashtra, RAJAGOPAL DEVARA, Secretary to Government.

seal ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.

Where this provision sits

Actmaharashtra cooparative society (committee election 2014) rule 2014
Section86
Marginal noteOther offences and penalties therefore
JurisdictionState of Maharashtra
StatusIn force as published by the source

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