PART – VIII
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ELECTION EXPENSES
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65.
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Account of election expenses.-
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(1)
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Every
candidate at an election shall either by himself or by his Election Agent
keep a separate and correct account of all expenditure in connection with the
election incurred or authorized by him or by his Election Agent between the
date of the order calling the election and the date of declaration of the
result thereof, both dates inclusive within the period of thirty days from
the date of declaration of the result.
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(2)
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The account
shall contain such particulars as are specified in Rule 67.
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(3)
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The total of
the said expenditure shall not exceed such amount as may be Notified by the
SCEA.
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(4)
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Every
contesting candidate at an election shall, lodge with the District
Co-operative Election Officer through the Returning Officer an account of his
Election expenses within the time and in the manner in Rule 67.
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66.
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Disqualification for failure of lodge account of election expenses.-
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If the
District Co-operative Election Officer is satisfied that a person,-
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(a)
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has failed to
lodge an account of election expenses within the time and in the manner
required by the last preceding section, and
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(b)
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has no good
reason or justification for the failure, the District Co-operative Election
Officer shall, by order published, in the Official Gazette, declare him to be disqualified for being
elected as, and for being, a member of the committee of any society, and any
such person shall be disqualified for a period of three years from the date
of the order.
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67.
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Particulars of account of election expenses.-
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(1)
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The account of
election expenses to be kept by a candidate or his election Agent under Rule
65 shall contain the following particulars in respect of each item of
expenditure from day to day, namely :-
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(a)
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The date on
which the expenditure was incurred or authorized;
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(b)
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the nature of
the expenditure (as for example, travelling, postage or Printing and the
like);
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(c)
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the amount of
the expenditure :-
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(i)
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the amount
paid;
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(ii)
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the amount
outstanding ;
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(d)
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the date of
payment;
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(e)
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the name and
address of the payee;
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(f)
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the serial
number of voucher, in the case of amount paid;
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(g)
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the serial
number of bills, if any, in case of amount outstanding;
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(h)
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the name and
address of the person to whom the amount outstanding is payable.
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(3)
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All vouchers
shall be lodged along with the account of election expenses, arranged according
to the date of payment and serially numbered by the candidate or his Election
Agent and such serial numbers shall be entered in the account under item (f)
of sub-rule (1).
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(4)
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It shall not
be necessary to give the particulars mentioned in item (c) of sub-rule (1) in
regard to items of expenditure for which vouchers have not been obtained.
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68.
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Notice by Returning Officer for inspection of accounts.-
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The Returning
Officer may, within two days from the date on which the account of election
expenses has been lodged by a candidate under Rule 65, cause a notice to be
affixed to his notice board, specifying :-
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(a)
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the date on
which the account has been lodged;
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(b)
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the name of
the candidate ; and
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(c)
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the time and
place at which such account can be inspected.
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69.
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Publication of names of members of the Committee.-
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(1)
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On receipt of
the declaration under Rule 32 or of the election results under Rule 64, the
SCEA or the District Co-operative Election Officer shall publish within two
days the names of all elected committee members by causing a list of such
names together with their permanent addresses and the names of constituencies
from which they are elected, to be posted on the notice board or at any
prominent place in his office.
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(2)
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The SCEA or
the District Co-operative Election Officer shall send a list of all the
elected committee members to the society and to the Registrar.
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70.
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Return of forfeiture of candidate's deposit.-
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(1)
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The deposit
made under Rule 23 shall either be returned to the person making it his
representative heir or be forfeited to the Election Fund.
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(2)
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Except in
cases hereinafter mentioned in this rule, deposit shall be returned as soon
as practicable after result of the election is declared.
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(3)
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If the
candidate is not-shown in the list of contesting candidates, or he dies
before the commencement of the poll, the deposit shall be returned as soon as
practicable after the publication of the list or after his death, as the case
may be.
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(4)
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Subject to the
provisions of sub-rule (3), the deposit shall be forfeited to the Election
Fund, if at an election, where a poll has been taken, the candidate is not
elected and the number of valid votes polled by him does not exceed one-tenth of the total number of
valid votes polled by all the candidates or, in the case of election of more
than one member at the election one-tenth of the number of valid votes, so
polled divided by the number of members to be elected.
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71.
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Custody of papers relating to elections.-
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The Returning
Officer shall keep in custody the packets referred to in Rule 51 and all
other papers relating to the elections up to 6 months from the date of
declaration of result or in the case of election dispute as directed by the
Court.
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72.
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Production and inspection of election papers.-
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(1)
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While in the
custody of the Returning Officer :-
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(a)
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the packets of
unused ballot paper;
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(b)
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the packets of
used ballot papers whether valid, tendered or rejected;
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(c)
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the packets of
marked copies of the voters list, shall not be opened and their contents
shall not be inspected by, or produced before, any person or authority,
except under the order of the Court.
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(2)
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All other
papers relating to the election shall be open to public inspection.
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73.
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Disposal of election papers.-
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(1)
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The packets
referred to in Rule 72 shall be retained for a period of six months and shall
thereafter be destroyed, subject to any direction to the contrary given by
the SCEA or a Court.
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(2)
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All other
papers relating to the election shall be retained until the termination of
the election for the constituency to which they relate and shall thereafter
be destroyed subject to any direction to the contrary given by the
Commissioner or a court or other competent authority.
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74.
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Casual vacancies how to be filled in.-
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In the event
of vacancy occurring on account of death, resignation, disqualification or
removal of the member of a society or through such a member becoming
incapable of acting previous to the expiry of his term of office or
otherwise, the Chief Executive officer of the Society shall forthwith
communicate the occurrence to the SCEA and the vacancy shall be filled as
soon as conveniently, according to the provisions of section 73 CB. The
person so elected or co-opted or, as the case may be, nominated shall hold
office so long only as the member of the committee in whose place he is
elected, is co-opted or, as the case may be, nominated would have held it, if
the vacancy had not occurred:
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PART - IX
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SPECIAL PROVISIONS IN RESPECT OF ELECTION OF THE COMMITTEE TO THE TYPE C SOCIETIES
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75.
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Election of the Committee to the Type C Societies.-
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(1)
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The provisions
of this part shall apply in respect of Type ‘C’ Societies, Specified in Rule
4 (III)
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(2)
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The Election
of the Committee of these type of societies shall be conducted as mentioned
below :-
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(A)
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These
societies shall inform before one hundred eighty days about expiry of term of
committee to the Taluka or Ward Co-operative Election Officer with four
copies of list of active members.
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(B)
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The Taluka or
Ward Co-operative Election Officer shall appoint a returning officer from
office of the Co-operative department or a panel approved by the SCEA and the
returning officer shall prepare an election programme with the approval of
Taluka or Ward Co-operative Election Officer at the earliest.
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(C)
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The Election
programme shall be prepared according to the provisions mentioned below :-
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Sr. No.
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Particulars
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Period
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Days
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1
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Publication of the Election
programme and provisional voter list.
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Next date to the day at which
Taluka/ Ward Co-operative Election Officer has approved the election
programme.
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1
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2.
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Inviting claims and objections on
provisional voter list.
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Within a period of 5 days from the
date of publication of provisional voter list.
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5
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3.
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Decisions on claims and objections
on provisional voter list.
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Within 2 days from the last date of
making claims and objections on provisional voter list.
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7
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4.
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Publication of the Final voter
list.
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Next date to the day fixed for
decisions on claims and objections on provisional voter list.
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8
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5.
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Last date for making nominations.
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5 days from the date of publication
of the final voter list.
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13
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7.
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Publication of the list of
nominations.
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On the last date and after the
expiry of the time for nomination.
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13
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8.
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Date of scrutiny.
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Next date of the last date for
making nomination.
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14
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9.
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Date of publication of list of
valid nominations.
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Next day after the date of
completion of scrutiny of nominations.
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15
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10.
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Date by which candidature may be
withdrawn.
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After 15 days from the date of
publication of valid nominations.
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30
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11.
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Date of publication of Final List
of contesting candidates and allotment of symbols.
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The date next succeeding the last
date fixed for withdrawal of candidature. (The place and time shall be fixed
by the Returning Officer).
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30
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12.
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Date and time during which and the
place at which the poll shall be taken.
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Minimum 5 days after the date of
withdrawal of candidature.
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35
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13.
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Date time and place for counting
Votes.
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Immediately after polling is over.
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35
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14.
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Date of declaration of results.
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Immediately after counting of votes
is over.
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35
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(3)
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The provision of Rule 20 to 74
shall mutatis mutandis apply
for conduct of election of such societies.
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(4)
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(a) If the nomination is rejected
by the Returning Officer, the candidate may prefer an appeal to Registrar
within a period of three days from the date of rejection of nomination.
Registrar shall dispose of such appeal within ten days of the date of receipt
of such appeal.
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(b)
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The Returning Officer shall submit
the result to The Taluka Co-operative Election Officer within two days from
the date fixed for declaration of the result.
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(c)
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The Taluka or Ward Co-operative
Election Officer shall publish a notification of elected candidate within a
period of three days after receiving the result of election and give
direction to Returning officer to choose office bearer within the period of ten
days.
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(d)
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Election of these types of
societies shall be conducted according to procedure laid down in these rules
except the time and date prescribed in this rule.
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PART - X
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ELECTION OF THE
COMMITTEE TO THE TYPE “D” SOCIETIES
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76.
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Election of
the Committee to the type ‘D’ Societies-
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The provisions of this Part shall
apply in respect of Type ‘D’ Societies, specified in Rule 4(IV)
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(1)
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The society shall prepare its list
of voters and submit a copy thereof to the Taluka or Ward Co-operative
Election Officer within seven days from the date of preparation.
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(2)
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Election of these societies shall
be conducted in Special General Body meeting called for this purpose. Such
meeting shall be presided over by the person appointed by the SCEA for this
purpose. The notice of the meeting shall be issued at least fifteen days
before the date fixed for such meeting:
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Provided that, the General Body of
the society by resolution may submit requisition to the Taluka or Ward
Co-operative Election Officer, to hold the election as prescribed in Rule 75,
the Taluka or Ward Co-operative Election Officer shall proceed for the
election as per procedure laid down Rule 75.
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Provided that, in case of failure
of the Special General Body meeting called for the purpose to choose member
of the committee for any reason, the person appointed shall report to the
SCEA or, District Co-operative Election Officer or, the Taluka or Ward
Co-operative Election Officer, as the case may be, to conduct the election as
prescribed in the rules 76.
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Provided also that, the person
appointed for the election purpose shall have no right to caste a vote in any
circumstances.
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(2) The person appointed for
election Purpose shall attend the meeting and report the SCEA within two days
of the meeting held for the purpose.
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77.
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Election of
Office Bearers.-
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As soon as the members of the
committee are elected, the election of office bearers of any such society
shall be held within the period of fifteen days from the declaration of the
result as provided in its by-laws. The meeting of the committee for this
purpose shall be presided over by officer authorized by the SCEA.
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PART- XI
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ELECTION DISPUTES REGARDING ELECTIONS
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78.
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Election
disputes.-
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No election shall be called in
question, except by an election petition presented to the Co-operative court
as laid down in section 91.
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