(1) (i) The election of Chairperson, Vice-Chairperson or any other office bearer, by whatever name he is designated in the bye-laws, shall be held by ballot in the manner specified in this rule.
2[(ii) In societies specified in sub-rule (1) of Rule 45, where the State Cooperative Election Authority is entrusted with conducting elections to the committee and the office bearers of a society, the Authority shall appoint an Election Officer to conduct elections of the office bearers as specified in the bye-laws of the society, in the manner specified in sub-rule (2) to (8) and in all other societies such election shall be conducted as specified in Rule 46-A.]
1 Re-numbered by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
2 Substituted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
71 1[(2) After election of the members of the Committee, the Election Officer shall arrange to conduct elections of the office bearers of the society in accordance with its bye-laws;]
(3) The nomination papers shall be presented to the Election Officer at the meeting in the Form "C". The Election Officer shall decide the objections, if any, which may be made at the time specified therefore, after making such summary enquiry as he thinks necessary, announce the name or names of the eligible candidate or candidates.
(4) Where there is not more than one valid nomination for any office, the Election Officer shall declare the candidate in respect of whom the nomination paper has been received, duly elected to such office.
(5) Where there is more than one valid nomination for any office, the Election Officer shall forth-with arrange for taking a poll in the manner prescribed in sub-rules (13) to (19) of rule 45.
(6) As soon as all the members present have recorded their votes or the time fixed for voting is over the Election Officer shall open the ballot box in the presence of the members, count the votes and announce the results of election declare the candidate elected who have secured highest votes and indicate the number of votes secured by each. In the event of equality of votes polled by two or more candidates, lots shall be drawn in such manner as may be determined by the Election Officer.
1[(7) Where elections are to be held on a vacant seat of an office bearer accordance with the provisions of the Act and the bye-laws of the society, the procedure mentioned in this rule shall be followed.]
1 Substituted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
72
(8) The ballot papers and other records shall be secured in a container which shall be affixed with the seal of the society and of the candidates who desired to affix their seal and they shall be preserved for three months from the date of election. They shall be destroyed after that period under intimation to the Authority, if no dispute relating to or in connection with the election is referred to the Registrar.
46-A. Elections in other societies. - 1[(1) The elections of the members of the committee in societies other than those specified in sub-rule (1) of rule 45, shall be conducted in the general meeting of the society.
(2) The committee of the society shall, before expiry of its terms, appoint an independent Election Officer, who shall not be a member or an employee of the society, to conduct elections for the next committee and office bearers of the society.
(3) A notice as provided in the bye-laws of the society, but in no case less than fifteen days shall be given to all members and the Registrar for the genera body meeting in which elections are to be held.
(4) The Election Officer shall conduct the election in accordance with the bye-laws:
Provided that at the commencement of the meeting for the election, there shall be quorum specified in there rules and bye-laws.]
2[(5)] The Election of the Chairman, or any other elected Office bearer of a society, by whatever name he is designated in the bye-laws, 1 Substituted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
2 Re-numbered by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
73 belonging to a class of society other than those specified in 1[sub-rule (1) of rule 45] shall be conducted as follows:-
(a) As soon as the members of the committee have been elected, the Election Officer of the Society shall arrange to convene a meeting of the members of the committee for the purpose of election of the elected office bearers.
(b) The meeting shall be presided over by the Election Officer of the society.
(c) The Election Officer shall proceed to conduct the election in the manner prescribed in sub-rules (3) to (8) of rule 46:
1 Substituted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
74 1[(6) The proceedings of the meeting and the result of the election shall be recorded in the minutes book of the society and attested by the Election Officer.]
CHAPTER VI Privileges of Co-operative Societies