Telangana Cooperative Societies Act, 1964, (Act No.7 of 1964) and constitution of State Cooperative Election Authority For the existing Rules 22, 22A, 22B, 22C & 22D of the Telangana Cooperative Society Rules, 1964 and the connected relevant forms appended to the Rules i.e., Form-I to XXI shall be substituted by the following :
22.Conduct of Elections to the Co-operative Societies:
Notwithstanding anything contained in the bye-law of the societies election to the committee /Board and representative General Body of all classes of societies registered under the Telangana Cooperative Societies Act 1964, shall be conducted in the manner laid down in this rule.
- Election proposal : The incumbent Managing Committees / Person In-charge Committee / Official Administrator(s)/Adhoc Committee of the society shall atleast 60 days before the expiry of the term of the committee/Person-in-Charge Committee/Official Administrator/ Adhoc Committee submit proposals to the State Cooperative Election Authority for conduct of Elections to the society.
- The proposals specified in Sub-Rule (1) shall be submitted to the State Cooperative Election Authority through the Registrar.
- The proposals specified in sub-rule (1) shall contain the following details.
- Name of the society
- Details of Registration of the society (Registration No. & Date).
- Address of the society.
- Details of Incumbent Managing Committee/ Person-in-Charge Committee / Official Administrator/ Adhoc Committee
- Details of Last Election held and date of Expiry of the term of the Committee/PIC/Official Administrator/ Adhoc Committee.
- Composition of Managing Committee proposed to be elected along with details of allocation of seats on committee on territorial basis (if any) and details of seats on committee reserved to scheduled caste, scheduled tribe, Women, Backward classes, minorities (Byelaws to be enclosed).
Provided that the maximum number of Directors of a society shall not exceed 21. Provided further that, one seat shall be reserved for a scheduled caste or scheduled tribe and two seats shall be reserved for woman on the Board/ Committee of every society consisting of individuals as members and having members from such class or category of persons.
- Voters list as approved by the Registrar
- Any other information sought by the State Cooperative Election Authority.
- The State Cooperative Election Authority may from time to time issue guidelines regarding the contents and format of proposals to be submitted under Sub- Rule (1) and any other issue related to the conduct of elections to societies Registered under the Telangana Cooperative Societies Act, 1964.
- The incumbent Managing Committees / Person In-charge Committee / Official Administrator(s)/Adhoc Committee of the society shall deposit election fee as prescribed by the State Cooperative Election Authority from time to time (by way of D.D in favour of the State Cooperative Election Authority) along with the proposals specified in sub-rule (1).
- Voters List :
- The incumbent Managing Committee / Person In-charge Committee / Official Administrator(s)/Adhoc Committee of the society shall prepare and publish the list of members eligible to vote on the notice board of the society. It shall indicate the Sl. No., Admission Number/ General Number, Date of Admission, Name of member, Father’s Name, Village / Locality, Age, Community. Sex (Male/Female) along with the pass port size photo of the member voter. Provided that in respect of Primary Agricultural Cooperative Credit Societies, Large Sized Cooperative Societies, Farmers Service Cooperative Societies and Cooperative Rural Banks, the list shall be prepared Revenue Village wise and territorial Constituency wise as indicated in Rule 22-A(3)(i)]
- The incumbent Managing Committee / Person In-charge Committee / Official Administrator(s)/Adhoc Committee of the society of the society shall invite the claims or objections from the members.
- The incumbent Managing Committee / Person In-charge Committee / Official Administrator(s)/Adhoc Committee of the society shall communicate the list of members eligible to vote to the Registrar for verification and approval.
- Registrar after due verification and duly calling for the objections shall certify the eligible voters list after necessary corrections so that it confirms to the provisions of the Act, Rules and Government directions issued if any in this regard.
- The incumbent Managing Committee / Person In-charge Committee / Official Administrator(s)/Adhoc Committee of the society shall submit eligible voters list of the society duly approved and certified by the Registrar along with the proposals specified in sub-rule (1) to the State Cooperative Election Authority.
- Election Expenses
- Every society shall bear the total expenses for conducting of elections. Election expenses shall be calculated by the State Cooperative Election Authority based on the strength of the eligible voters, spread of the area of the operation of the society and number of election personnel to be deployed and logistics required. The State Cooperative Election Authority may issue guidelines in this regard from time to time.
- Upon receipt of proposals for conduct of elections under sub-rule (1), the State Cooperative Election Authority shall within (3) working days issue demand to the society for deposition of amount towards election expenses.
- Amount towards Election expenses shall be deposited by the societies within
3 working days of issue of demand by the State Cooperative Election Authority.
(8 A) Issue of Election Notification and Appointment of Election Officer
- The State Cooperative Election Authority after scrutiny of election proposals submitted under sub-rule (1) and after receipt of deposit towards election expenses from the society shall approach the Registrar/any Government Department / Local Body/ Corporation for deployment of staff for conduct of elections.
- The Registrar/ Government department / Local body/Corporation, based on the request of the State Cooperative Election Authority shall forward the details of the Officers and Staff to be deployed for conduct of election to the State Cooperative Election Authority.
- The State Cooperative Election Authority shall issue Election notification while appointing Election officer and supporting staff for conduct of election
- The election officer shall be from the class of officers specified in the Table below.
|Sl.No||Class of Society||Election Officer|
|1||Societies specified in Section 31
(3) (a) of the Telangana
Cooperative Societies Act, 1964
|Officer of the Cooperative Department not below the rank of Deputy
|2||Any Society to be specified by the Government||Any Gazetted Officer|
|3||All other Classes of societies in the district except those specified under Item No. (1) and (2) above||Any employee of the
Corporations / Local
- The election notification shall be in the format as prescribed by the State Cooperative Election Authority and shall contain detailed schedule for conduct of elections.
- The State Cooperative Election Authority shall issue Election notification while appointing the Election Officer along with supporting staff for each society.
- The Election Officer shall publish Election notice along with the final list of the voters in Form I prescribed.
- The Election Officer shall receive nominations on 3 working days in the prescribed Form-II at the specified place, date between 11.00 AM and 3.00 PM.
- The Election officer shall scrutinize the nominations on the next day and publish the same by display on the notice board of the Society.
- The Election Officer shall allow withdrawal of the nominations by the candidates upto 00 PM of the following day on which the valid nominations are published.
- The Election Officer shall publish the final list of contesting candidates on the day of withdrawal, after expiry of time allowed for withdrawal of nominations along with symbols allotted.
- The Election Officer shall hold the poll within a period of seven (7) days thereafter as per the schedule approved by State Cooperative Election Authority.
- Repoll if ordered by State Cooperative Election Authority shall be held within two days thereafter. No fresh nominations shall be allowed unless repoll is on account of the death of contesting candidate in which case on receipt of intimation of death of a candidate, the election officer shall call for fresh nominations from candidates. He shall allow two (2) days for receipt of nominations, scrutiny and withdrawal. Then conduct the repoll within two days thereafter.
- Counting shall take place immediately after the close of Poll or repoll as the case may be, as may be notified by the State Cooperative Election Authority and results shall be declared immediately on completion of counting.
- The Election Officer shall call for nominations for the other office bearers like President, Vice President, Secretary etc., within three (3) days thereafter.
- Scrutiny of the nominations and publication of list of valid nominations shall be made in the morning of the day notified for the purpose shall be published forthwith not later than 12 noon on the same day.
- Withdrawals shall be allowed on the same day till 2 PM and the final list of nominations shall be published by 2.30 P.M. on the same day.
- Voting for the office bearers shall be held on the same day from 3, to 5 PM and the results declared after counting is over on the same day.
(8 B) The Election Officer shall issue the notice of general meeting to all the members for conduct of elections by one or more of the following methods namely;
- Circulation of Pamphlets among the members, Circulating SMS, WhatsApp Messages.
- Publishing in the local print media.
- Proclaiming through beat of Tom-Tom or announcement on Loud Speakers;
- Notice of the general meeting shall also be affixed on the notice board of the Head Office of the society and all its branches if any
- Publishing in such public places of importance such as Gram Panchayat, Mandal Revenue Office, Mandal Parishad office, Municipal Office and also the places where polling is proposed to be held.
- The cost of publication of this notice shall be borne by the society.
(8 C) Nominations of Candidates :
- Nomination for candidature shall be made in Form-II prescribed. A candidate may file two nomination papers.
Provided that a candidate for constituency may be a person whose name is included in the voters list of any constituency in the society and the proposer and seconder shall be persons whose names are included in the voters list of that constituency only.
- Every nomination shall be signed by one proposer and one seconder who shall be eligible members on the voters list. A member can either propose or second one candidate only.
- Every nomination paper shall be presented in person by the candidate himself and by his proposer or seconder to the election officer or the person authorized by him in this behalf during the time specified on the appointed date in the notice of the election along with declaration in Form-II and fees, as indicated in the Table below which is nonrefundable. The members claiming to be Scheduled Caste/ Scheduled Tribes /Backward Class shall produce the caste certificate issued by the competent Authority. The nominations shall be received on a day which is not a Public Holiday.
|Class of Society||Nomination Fee prescribed (in Rupees)|
|1||For Village level societies and Primary Agricultural Credit societies (and all other Primary
|2||For Urban Banks,
Societies, Apex level
- The Election Officer shall receive the nomination paper and shall give the acknowledgement detaching it from the Form-II. He shall also enter on the nomination paper sl. No. and date and hour at which the nomination paper is received by him and shall immediately give the written acknowledgement for the receipt of the nomination papers. The acknowledgement shall also bear the seal of the society.
- The Election Officer shall at the close of the time fixed for the receipt of nomination papers prepare and display on notice board of the society, a list of nominations received by him in Form-III
(8 D). Scrutiny of nomination papers:
- On the date and time fixed for scrutiny of nomination papers, the Election Officer shall at the appointed hour take up the scrutiny of the nomination papers. The candidate and his proposer or seconder are eligible to be present at the time of scrutiny. Absence of candidate or his proposer or seconder will not render the nomination invalid purely on grounds of non presence.
- The Election Officer shall scrutinize the nomination papers candidate-wise and shall decide all objections made if any or suo-motu enquire of eligibility as he thinks necessary.
- The nomination of candidate shall not be rejected on the ground of incorrect spelling of name or the name of the proposer or seconder or any other particulars relating to them as entered in the list of eligible voters, if their identity is otherwise established beyond reasonable doubt.
- The Election Officer shall endorse on each nomination paper, his decision accepting or rejecting as the case may be and if the nomination paper is rejected he shall record in writing his reasons in brief for such rejection.
- Immediately after scrutiny is completed he shall publish list of valid nominations received in the Form-lV as appended to these rules and those rejected in Form-V as appended to these rules on the notice board of the society containing the names in the alphabetical order in Telugu as indicated in the nomination form.
(8 E) Withdrawal of Nominations
Any candidate may withdraw his candidature by notice in writing in Form VI as appended to these rules signed by him and delivered in person to Election Officer within the period prescribed in the Election Notice. Such notice of withdrawal once given shall be final and irrevocable.
(8 F) Final List of valid nominations:
Final list shall be prepared and published in alphabetical order in Telugu in FormVII duly allotting symbols to each candidate. Under the Telugu name, the name in English or Urdu language as the case may be shall also be written.
(8 G). The Ballot papers shall be prepared in Form-VIII in consonance with sub-rule (8) ( F).
(8 H) Voting and Declaration of Results :
- If the number of the candidates whose nominations are valid does not exceed the number of vacancies to be filled by election, the election officer shall declare them to have been duly elected as Managing Committee Members on the date and time on which the final list of valid nominations are published.
If for any area or constituency for which election is to be held, the number of candidates whose nomination papers have been declared valid, does not exceed the number of candidates to be elected for that area or constituency, the Election Officer shall forthwith declare them to have been duly elected and shall proceed with Election of Office Bearers within 3 days thereof. The term of the office of such candidates shall be reckoned from the date of declaration of elections as notified by the Election Officer in Form-I.
Provided that, the number of candidates whose nominations are valid is less than the quorum of the Committee as provided under the Act, the Election Officer shall immediately submit a report in this regard to the State Cooperative Election Authority for fresh Election Notification.
If the number of candidates whose nominations are valid exceeds the number to be elected for any area or constituency, the election officer shall arrange for conducting a poll at the place on the date and time and at the place fixed for the purpose by the State Cooperative Election Authority.
- A candidate contesting the election, may, by a letter to the election officer, appoint an agent to represent him where polling is held. Request for appointing agents shall be made in Form-IX. The agent as well as the candidates shall be given a pass which will authorize the candidate and the agent to enter polling booth and counting centre. The pass for the agent will be valid for the booth allotted to him and “he is prohibited to move from booth to booth or canvassing within the 200 Mts. of the premises where the booth is located. On the date of polling where polling is held in more than one booth, a candidate will be permitted to appoint his agent to be present in the booth to assist the polling officer in identification of voters. Such an agent will not be allowed to move from one booth, to the other and such an agent shall display his pass on his person during his presence in the booth. The candidate and his agent if any shall always display their pass on the person during the entire process of election.
- Canvassing of votes by any person on the date of poll at the place where elections are to be conducted shall be prohibited. The Election Officer shall determine the limits 200 mts. or more from the booth for prohibiting canvassing as per the public exigency and law and order situation and announce it or get it announced before commencement of the poll.
- The requirement of number of booths and number of voters allotted to each booth be determined by the competent election authority.
- The State Cooperative Election Authority may appoint as many officers to conduct the poll as necessary but there shall be one presiding officer and two polling officers per booth such that
- One Polling Officer will identify and verify the voters list.
- One Polling Officer will apply indelible ink on the middle finger of the left hand or as directed by the State Cooperative Election Authority as the case may be and issue Ballot Paper to the voter.
The Presiding Officer shall conduct all the proceedings at the booth, i.e., preparing and sealing of boxes, custody and maintaining records at the booth, as well as safety of election material, i.e., ballot paper and boxes after polling and ballot boxes till they are delivered to the Election Officer.
- A booth shall contain a separate compartment or compartments in which the voters can record their votes in secrecy. The voter after affixing his vote shall put into the ballot box which shall be so placed to be under the constant attention of the Presiding Officer.
- Immediately before the commencement of the poll, the presiding officer shall show the empty ballot box to such persons as may be present at the time and shall then lock it up and affix his seal in such manner as to prevent its being opened without breaking the seal. The candidate or his agent may also affix, his signature on the seal, if he so desires.
- Every voter who desires to exercise his right of vote shall be supplied with a ballot paper, which may be either printed, typed or cyclostyled. The ballot paper shall bear the seal of the society and also the signature of the Presiding officer. The ballot paper shall be in form-VIII prescribed.
- Every voter who desires to exercise his vote shall be allowed to do so on proof of his identity such as photo identity card, given to him by the society. If the Polling officer is satisfied about the identity of the member with reference to eligible list of voters and if there is no objection from any candidate or his polling agent present at the polling station, he shall direct the member to put his signature or thumb impression in the election attendance register kept for this purpose at booth and then he shall issue a ballot paper to him. On receipt of such ballot paper, the voter shall proceed to the polling compartment set apart for the purpose and affix the Swastik mark against the person or persons in whose favour he exercises his vote by inscribing or affixing a Swastik mark in the space provided in the ballot paper against the symbol of the candidate or candidates, as the
case may be, and then fold the ballot paper and put the ballot paper in the ballot box kept for the purpose ensuring with utmost secrecy. If owing to blindness or other physical infirmity or a voter is unable to inscribe the mark on the ballot paper, the presiding officer, and where no such presiding officer is appointed, the election officer shall ascertain in secrecy from him the candidate or candidates, in whose favour he desires to vote, inscribe the Swastik markon his behalf and put the ballot paper in the ballot box.
- Every voter, whose name is entered in the list of voters/delegates eligible to vote, furnished to the polling officer, is entitled to cast his vote, unless there is a successful challenge by the candidate or his agent against his identity. If there is any challenge regarding the identity of the voter such a voter or if the polling officer feels any reasonable doubt, he shall bring the matter to the notice of the election officer or presiding officer who shall make a summary enquiry and decide the question with reference to the books of the society.
- The Election Officer/Presiding Officer shall not entertain any challenge by a candidate or his polling agent, of a voters identity until the person who challenges pays a fee of Rs.100/- (Rupees Hundred only) in cash for each challenge at the time of making a challenge. If challenge is made, the election officer or presiding officer shall entertain the challenge and ask the member who has come to vote to affix his thumb impression or signature, as the case may be on a declaration form describing his identity in the form as at Form-X(A). If the voter refused to do so, he shall not be allowed to vote. On making of the declaration, the election officer or presiding officer shall conduct summary enquiry, as a result of such summary enquiry, the identity of the voter is established to the satisfaction of the election officer or presiding officer, he shall direct the polling officer to issue ballot paper on entering his decision in Form-X(A) and the voter then shall be allowed to vote. If challenge is successful the fees paid shall be refunded. At the end of the poll, the election officer presiding officer], shall render an account of challenge fees collected, fees refunded to the persons who challenged and the fees forfeited to the society.
(8 I). Tendered Ballot Paper:
- If a person representing himself to be a particular voter applies for a ballot paper, and it is found that another person has already voted as that particular voter, the presiding officer Election officer may put such questions relating to his identity and if he is satisfied as to the identity of the voter, then such person will be entitled to receive the ballot paper after signing his name against the entry relating to him in a Form-X (B). This will be called a tendered ballot paper. The tendered ballot paper shall be serially the last in the bundle of the Ballot Papers issued for use at the polling station. The Presiding Officer Election officer shall endorse on the back of ballot paper with his own hand writing with words “Tendered Ballot Paper” and then sign. The voter may then mark the tendered ballot paper in the voting compartment and the ballot paper shall be given to the Presiding Officer Election officer who shall place it in a cover specially kept for the purpose.
- If at any stage of the polling, the proceedings are interrupted obstructed by any riot or affray or if at such election it is not possible to take poll for any sufficient cause, the election officer shall have power to stop the polling, after recording his reasons for such an action. The State Cooperative Election Authority shall fix date and time for repolling.
- No voter shall be admitted after the hour fixed for the polling, but a voter who enters the premises where ballot papers are being issued before the close of the polling hour shall be issued a ballot paper and allowed to
vote. After completion of poll the Presiding Officer shall furnish the Ballot paper Account in Form-XI to the Election Officer.
- The counting of votes shall take place immediately after close of the poll at the polling booth itself. If however there are more than one polling station or where polling booths are at different locations, then at the end of poll the ballot boxes shall be brought to a common counting center and counting shall take place on the next day. In such cases sealed ballot boxes shall be brought to the counting centre by the presiding officer anddeposited in the safe custody. The election-officer shall then announce to the candidates or their agents present, the time and place at which the counting shall commence next day. Votes shall be counted by or under the supervision of the election officer. Each candidate and his authorized agent shall have a right to be present at the time of counting. But the absence of any candidate or his agent at the time of the counting shall not vitiate counting or announcement of result by the election officer. If for any reason it is not possible to commence or continue the conduct of the counting of votes, the Election Officer shall fix another appropriate date, time and place for counting.
(8 J). General:
- At counting, a ballot paper shall be rejected as invalid, by the election officer, if:
- it bears any mark or writing by which the member who voted can be identified; or
- it does not bear the seal of the society and the signature of the presiding Officer / Election Officer; or
- the mark indicating the vote thereon is placed in such manner as to make it doubtful to know to which candidate the vote has been cast; or is so damaged or mutilated that its identity as a genuine ballot paper cannot be established.
- If after the counting of the votes is completed, an equality of votes is found to exist between any candidates and the addition of one vote will entail any of those candidates to be declared elected, the election officer shall forthwith proceed with the drawal of lots and the candidate on whose name the lot falls, will be deemed to have received an additional vote and the election officer will declare him elected. The list of successful candidates in the election shall be listed out in Form-Xll and a copy of this form shall be given to each elected person.
- The Election Officer shall immediately thereafter, record the proceedings of the election in the diary and this diary shall be a part of the minutes book of the society, which shall form part of the records of the society and these will be sent to the society by the Election Officer. A copy of this diary together with a copy of the Form-XI of the result of polling shall also be submitted by the election officer to the State Cooperative Election Authority.
- The Election Officer shall, immediately after the election are over remit the nomination fees, challenge fee, sale proceeds of voter list into the account of the State Cooperative Election Authority.
(8 K) Election of President: Notwithstanding anything contained in the bye-laws of the society, the election of the President of all classes of Primary societies shall be by all the members of the Managing Committee of the society as provided under subsection (5) of section 31 of the Act.
(8 L). Election of Office Bearers:
- The election of office bearers of the society shall be held in the registered Head Office of the society. As soon as the members of the managing committee have been elected, the election officer, notwithstanding anything in the bye-laws of the society issue a notice, convene a meeting
of the newly constituted Managing Committee for the purpose of election of President or Vice-President, Chairman or Vice-Chairman Secretary or other office bearers of the society, by whatever name they are called. This meeting shall be held not later than three (3) days from the date of declaration of elections of the managing committee. The proceedings of such election of other office bearers shall be recorded in the minutes book of the society.
- The procedure for conduct of election of the office bearers shall be as follows:
The Election Officer shall issue a notice in Form-XIII to the directly elected President and all members of the Managing Committee calling upon them to elect the office bearers of the society. This notice shall specify the mode and programme of conduct of elections. On the appointed day, between the hours of 9:00 to 11:00 hrs., nominations in Form XIV shall be received. The nominations shall have a proposer and seconder who shall be from the other elected members of the Managing Committee at 11:30 AM, the Election Officer shall scrutinise the nominations and put up on the notice board of the society the list of valid nominations. The withdrawals shall be permitted between 12:00 to 14:00 hrs. Notice of withdrawal made in Form XVIII and presented to the Election Officer in person by the candidate. Final list of contesting candidates shall be published at 14:30 hrs., by the Election Officer. The polling shall take place between 15:00 to 17:00 hrs., and counting shall commence at 17:30 hrs., and results declared forthwith.
- The Election officer shall preside over such meeting. The quorum for the meeting shall be the majority of the members of the managing committee. If there is no quorum the election officer shall adjourn the meeting to the next day. In the adjourned meeting also if there is no quorum, the members present shall constitute the quorum.
Provided that the prescribed Formats from XV to XXI are to be used in the elections to the office bearers, as are applicable from the stage or receipt of nominations to withdrawal of nominations.
Provided further that ballot paper as prescribed in the Form XX shall be used for the purpose of Conduct of election to the office bearers.
(8 M) Custody of Record of Elections Conducted: After declaration of the election result, the election officer shall hand-over the entire record including ballot papers put in sealed covers to the District Cooperative Officer in the case of primary societies and the Registrar in case of other societies. The record shall safely be preserved by them for a period of six (6) months from the date of election or till such time a dispute or an appeal thereof regarding elections, if any, filed is disposed of, whichever is later, and shall thereafter be destroyed after obtaining permission from the State Cooperative Election Authority.
(8 N) Re-elections for unfilled vacancies and Co-option:
- Where in any society no member belonging to a category of weaker sections and women was elected to the seat reserved for that category the Election Officer shall indicate it as vacancy and submit a report to the State Cooperative Election Authority and go-a-head with election of office bearers. The newly elected committee shall submit proposals for election of vacant seats to the State Cooperative Election Authority within (6) months of assuming charge.
- The committee / board may fill up a casual vacancy / short fall of the board by nomination/co-option out of the same class of members in respect of which the casual vacancy/ shortfall has arisen, if the term of office of the board / committee is less than half of its original term.
Provided that in the case of a Co-operative Central Bank and a District Cooperative Marketing Society where no member of the society belonging to the same category of weaker section is elected the seat may be filled up by co-option from among the members of the committee of the affiliated societies in the same group and belonging to the same category of weaker sections.
- No member who has lost in the current election shall be eligible for filling up the casual vacancy that has arisen during the current term of the Board.
- In addition to the number specified as per section 31 (1) (b), the elected members of committee may co-opt, not exceeding two persons as members of the committee, out of which one shall have experience in the field of banking or management or finance and the other shall have specialization in any other field relating to the objects and activities undertaken by the society.
Provided that such co-opted members shall not have the right to vote in any election of the co-operative society in their capacity as such member or to be eligible to be elected as office bearers of the committee.
Provided further that Functional Directors of a Cooperative Societies may be prescribed shall also be the members of the committee and such members shall be excluded for the purpose of counting the total number of the Directors specified in section 31 (1) (b).
22 A(2): The constitution of the Committees of all other societies shall be in the manner as indicated in the bye-laws of the respective societies subject to provisions of section 31 of the Act:
22 A(3): Division of Constituencies:
In the case of Primary Agricultural Co-operative Societies, such as Primary Agricultural Co-operative Credit Societies, Farmers Service Co-operative Societies, Large Sized Cooperative Societies. Co-operative Rural Banks and to such class of societies as specified by Registrar, constituencies shall be formed on territorial basis
- consisting of as many groups of contiguous Revenue Villages as are equal to the number of seats to be elected. The eligible members in the society shall be arranged separately Revenue Village-wise and general number-wise within each Revenue Village. For the purpose of carving out the territorial constituencies the village wherein the seat of the society is located shall be the starting point. The contiguous Revenue Villages which are in the North-East direction should be grouped into different constituencies with the number of voters in each such constituency being approximately equal. Any member remaining after such division shall be added to the last part. Where the number of eligible voters in a Revenue Village are to be allotted to more than one constituency, the general number shall be the criteria for dividing the electoral roll. Where the area of operation of the society is confined to a Revenue village or a part of the village, the electoral roll shall be divided into as many parts as there are members to be elected and each such part shall be a constituency and any members remaining after such divisions shall be added to the last part. The members in each such territorial constituency shall elect one member to the committee. The outgoing committee shall hand-over the territorial map of the society de-marking the villages in the area of operation and also furnish the list of total territorial constituencies with the list of members village-wise to the election officer.
- If for any reason it is not convenient to carve out the Constituencies as above, the Registrar for sufficient reasons to be recorded in writing may permit the specific cases, division of Constituencies based on serial number in the admission register:
Provided that, in respect of other societies other than specified above, the division of constituencies shall be done by concerned election authorities or any officer authorized on the basis of serial number of the admission register:
Provided further that, where there are no members belonging to Scheduled Castes or Scheduled Tribes or Backward Classes or Women in the society and there is a consequent reduction in the number of members to be elected, the electoral roll shall be divided only into as many parts as there are members to be elected after such reduction in the number and the seat or seats intended for the aforesaid castes, tribes or classes or women shall be filled in the manner specified.
- In the case of District Co-operative Marketing Societies, Co-operative Central Banks and Co-operative Sugar Factories where the electorate is divided into two or more categories, the members of the committee to be elected from each group shall be, elected by the voters in the respective category only.
- in the case of voters of Group “A” in Co-operative Sugar Factories the constituencies shall be formed on territorial basis consisting of as many groups of contiguous Revenue Villages equal to the number of seats to be elected where the number of voters are approximately equal and the committee shall be elected by the members in that constituency only.
- A (4) Allocation of seats: In the case of Co-operative Societies specified in subrule (3), the Registrar shall allocate the seats of the Committee to be filled up by election of members of Scheduled Castes, Scheduled Tribes, Backward Classes, and Women. The constituencies with largest number of voters belonging to Scheduled Castes, Scheduled Tribes, Backward Classes respectively shall be allocated to these Categories. The remaining Constituencies shall be filled up by open category members. For purpose of allocating seat of the committee to be filled by women among scheduled castes and open category member the constituencies with largest number of voters belonging to women from among the constituencies allocated to scheduled castes and open competition categories shall be allocated to scheduled caste women and open category women members:
Provided that in the case of Co-operative Sugar Factories the constituencies having largest number of voters belonging to small farmers shall be allocated to be filled by members belonging to that category respectively:
Provided further that where in any constituency the members belonging to schedule castes or scheduled tribes or backward classes are equal, such constituency shall be allocated in the same order of preference
22-AA. : Nomination of two women by the Registrar:-(1)Two women members shall be nominated by the Registrar to the Primary Agricultural Co-operative Societies (including Large Size Co-operative Societies and Rural banks) from among Self help Group / Rytu Mitra Groups/Non – Government organizations. However, they shall not have right to vote.
- The women members to be nominated as members of the committee shall be those who take part in the activities of the societies.
- The Registrar shall call a short listed women members, belonging to Self Help Groups / Rytu Mitra Groups / Non – Governmental Organizations in the area of operation of all the credit societies in the districts from the Collectors, after due scrutiny. Considering the proposals of the Collectors and other representations / relevant factors, the Registrar shall issue the orders of nomination within sixty days from the date of declaration of result of elections.
22-AAA. Nomination of one representative of Minority Community by the Registrar:- (1)One member from minority communities shall be nominated by the Registrar to the Primary Agricultural Co-operative Societies (including Large Sized Cooperative Societies and Rural banks) from among the members, (including associate Members) belonging to minority communities, of the society. However such member shall not have right to vote.
- No member of minority community shall be nominated as member of the committee unless she / he.
- is a member of the society; and
- is qualified in accordance with the provisions of the Act to be a member of the committee.
- In addition to the qualifications specified in clauses (a) and (b), the member to be nominated as member of the committee shall be one who takes part in the activities of the societies as prescribed in the bye-laws.
- The Registrar shall call for of a short listed members belonging to minority communities of all the PACS, FSCS and other credit societies in the Districts from the Collectors. The Collectors shall furnish after scrutiny a short listed panel of eligible members belonging to minority community. Considering the proposals of the Collectors and other representations / relevant factors, the Registrar shall issue the orders of nomination within sixty days from the date of declaration of result of elections.
22-B. Mode of Election of Managing Committees of societies having a small number of eligible voters i.e. less than 50 :—
(a) The State Cooperative Election Authority shall notify the date and time and place of election. The voting of the members of the committee of the weaker section societies or societies having a small number of memberships may be done by show of hands at the general meeting convened for election. The mode and the procedure will be as follows.
- Members will be admitted into the hall or premises on production of identity and after obtaining their signature or thumb impression in attendance register from 9.00 hrs to 11.00 hrs. At 11.30 hrs, the Election officer will announce the number and category of seats on the Managing Committee to be filled. For each seat / category, he will call for nominations and announce the names of the nominations received and conduct elections as detailed below :
- The Election officer will read out the names of each candidate contesting and he will call upon members to express their vote by show of hands. He will record the number of votes secured by each candidate and announce it after every count.
Provided that those who have polled the maximum votes in descending order will be declared elected depending upon the number of seats to be filled.
(b) If there is any disturbance in conduct of poll then the Election Officer shall stop the proceedings and shall send a report to the Election Authority who will then order for conduct of repoll on any other day to be specified by issue of notice. In such circumstances, where polling was disturbed or where election authority is of the view that polling by show of hands is not possible, then the Election Authority may order for conduct of election by secret ballot. In such case, the procedure prescribed in the Rules for conduct of elections by secret ballot shall be followed through secret ballot.
Notwithstanding the above, if the outgoing managing committee of the society desires to conduct elections by secret ballot, it shall request the State Cooperative Election Authority to conduct the election by secret ballot by submitting its proposal 60 days before the expiry of the term of the managing committee and the Registrar shall conduct the election by following the procedure as given in these Rules.
(c ) Election of Office bearers:- The Election Officer shall preside over the meeting of the elected committee members, for conducting elections to the office bearers. The quorum for such meeting shall be majority of the elected members of the committee. If there is no quorum, the Election Officer shall adjourn the meeting to a date fixed by him. If in the adjourned meeting also, there is no quorum, the members present shall constitute the quorum.
- The election of office bearers of the society shall be by show of hands.
- The nomination of the candidates for elections shall be made at such meeting. The election officer shall decide the objections, if any, which may be made at the time of nomination and after making such summary inquiry as he thinks necessary, announce the names of valid nominations.
- If for any office for which election is to be held the number of candidates in respect of whom valid nominations have been announced does not exceed the number of candidates to be elected to that office, candidates for whom valid nominations have been announced shall be deemed to have been duly elected for that office and the election officer shall make a declaration to that effect. If the number of candidates in respect of whom valid nominations have been announced for any office exceeds the number of candidates to be elected a poll shall be taken by show of hands and the election officer shall read out the names of the contesting candidates for that office. He shall thereafter record the number of votes polled for each such candidate ascertained by show of hands and declare the candidates securing maximum votes polled as elected. The result of elections shall also be recorded in the minutes book of the society.
- After declaration of results of election of committee members and office bearers the election officer in brief shall send a report to the election authority along with results of elections.
- The election officer shall within a period of two days after the election of office bearers, communicate by registered post or certificate of posting under his own seal to the society to which it is affiliated, the name and specimen signature of the President of such affiliated society.
22-C. (1) Notwithstanding anything contained in these rules, the Government or the State Cooperative Election Authority may direct the postponement of elections under one or more of the following circumstances:
- Break down of law and order affecting the peaceful and lawful conduct of elections.
- Any natural calamity that prevents the conduct of elections particularly, voters from participation in the election.
- Where there is reasonable apprehension that voters will not be allowed to vote frankly and freely.
(2) The postponement shall be done only by issue of an order which shall specify the grounds of postponement. After such postponement the election process shall be recommenced when the conditions become conducive for re-commencing of election, by issue of an order by the State Cooperative Election Authority. The process will recommence from the stage of postponement.
22-D. Election of District Co-operative Central Bank/Apex Societies/Sugar Factories:
- The State Cooperative Election Authority shall appoint the Election Officer not below the rank of Deputy Registrar not less than 7 days prior to the date of poll.
- in the case of Co-operative Sugar Factories where seats in the committee are reserved to weaker Section, it should be indicated in the Voter’s list against the name of each person whether he belongs to Scheduled Caste, Scheduled Tribe; or Backward Class and also the total number of members and the number of Members from Scheduled Castes, Scheduled Tribes and Backward Classes voters among them. Further in the case of Co-operative Sugar Factories it should also be indicated whether a member is a small farmer.
- The Managing Director or the Chief Executive of the Co-op. Sugar Factory shall prepare or cause to be prepared and publish a list of society members as provided in rules on the notice board of the factory whenever an election is to be held. Any member may file application requesting for inclusion or deletion within four days from the date of publication before the Managing Director or the Chief Executive who shall dispose the same within three days thereafter and submit the list to the Registrar for verification. The list approved and certified by the Registrar shall be forwarded to the State Cooperative Election Authority along with the proposal for conducting Elections.
- In the case of an Apex-Society. Co-operative Central Bank and Dist. Coop. Marketing Society, and any other society where other societies and institutions are members, the Managing Director or Secretary or the Business Manager and General Manager or Chief Executive, as the case may be, shall prepare and furnish to the Registrar a list containing the names of the delegates of affiliated societies and the individual members of the society. The list approved and certified by the Registrar shall be forwarded to the State Cooperative Election Authority along with the proposal for conducting Elections.
- In the case of an Apex Society, Co-operative Central Bank, the District Coop. Marketing Society and any other society where other societies and institutions are members, the election notification containing the particulars shall be issued not less than (3) three days before the date of poll by the State Cooperative Election Authority.
- In the case of an Apex Society, Co-operative Central Bank, the District Cooperative Marketing Society and any other society where other societies and institutions are members, the date of filing of nominations, scrutiny of nominations and publication of valid list of nominations shall be on the same day which shall not be less than two days before the date of Poll.
- The procedure for issue of election notification, receipt of nominations, scrutiny & withdrawal and also Polling, Voting shall be followed as specified under rule 22 of these rules