Joomla TemplatesWeb HostingWeb Hosting

images/logonew1.jpg

docs/screen.jpg

State Co-operative Election Commission

Resize Font
State Co-operative Election Commission0471-2311102
Fax: 0471-2311114
Additional Registrar / Secretary
0475-2324466
 Website
www.scec.kerala.gov.in

ELECTION (UNDER SECTION 28B, RULE 35-A-STATE CO-OPERATIVE ELECTION COMMISSION-CONDUCT REGARDING )

A State co-operative election commission has been appointed by the Govt. for the superitendence, direction and control of the condut of election to the committee of all credit, apex, Central Federal Societies in the state. The committee at least 60days prior to the expiration of the term pass a resolution fixing the date,time and place for the conduct of the election the new committee and sent the resolution to the election Commission within 7 days. The Election commission in their circular No: 1/2001 date. 10.5.2001 has instructed that the resolution for the conduct of election shall also contain the request for the appointment of returning officer and electorial officer, and foreword the resolution through the joint Registrar (G).

The Election commission will appoint a Returning officer and an Electral officer for the conduct of election.

  • The state election commission shall notify the election in two vernacular dailies having wide circulation in the area.
  • The electoral Officer shall be responsible for the publication of the list of members qualifid to vote.
  • The voters list shall be approved by the committee and handover the electoral officer.
  • The electoral officer shall publish the priliminary voters list in Form No. 34& final voters listinform No. 35
  • The nomination paper shall be in form No. 36
  • Along with the nomination the candidate will deposit a sum of Rs. 100/- in the society which will refunded to him if he gets more than 10% votes polled.
  • The returning Officer shall give a written acknowledgement for the receipt of the nomination paper in form no. 37.
  • Returning officer shall hand over the list of the contesting candidates to the electoral officer on the next day of the publication of the final list of candidates.
  • The electoral officers shall undertake necessary arrangement for the printing of ballet papers and sufficient number of ballet papers shall be supplied to the returning officer on the previous day fixed for the election. The R.O. shall take charge of the ballet papers from the electoral officer and keep the same in his safe custody.
  • The electoral officer shall provide the returning officer with ballet boxes, ballet papers, copt of the list of voters and such other articles for the conduct of election.
  • A companion may be allowed to excercise the voter is unable to inscribe the mark. Before allowing the companion the returning officer should get declaration from the companion in FROM No. (38)
  • If at any stage of the polling, the proceedings are interrupted or obstructed by any riot or affray, or if at any election it is not possible to take the people for any sufficient course, the returning officer shall have power to stop the poling, recording his reasons for such an action in the minutes book of the society and the fact may be reported to the elector officer.

Provided that where the returning officer is not able to record the reason in the minute book, he shall report the fact together with reasons there to, to the electrol officer concerned and the co-operative election commission for the with.

5.The election commission shall have power to issue any direction or guide lines for the conduct of election to the society and also to the officers appointed for the election. The officers appointed on election duty shall be subject to the superintendence control and disciplin of the state co-operative election commission.

Election conducted under Election commission superintendence, the duties and responsibilities of the returning officer is similiar to that of the R.O. under rule 35 except certain powers of R.O. entrosted to the electoral officer (also vide rule 35A)

In respect of societies not coming under sec. 28B (1) the procedure followed will continue unchanged (See rule 35) Section 35 (A) proceedure regarding conduct of election to the committee of the societies by the state co-operative election commission.

Qualification and disqualification of the members of the committiee:

Section 28 of the Act and rules 44 of rules contain relevant provision on the subject. Also refer rule 37 (3) (D) of the rule.The Also member of the society is disqualified to be a member of the committee of the society if he:-

  • Is already a member of the committee of another society of the same type {s.28(2) a}.
  • Is member of two or more committees of different type or types {s.28(2)(b)} (but a person qualified to be a member of the committee of the apex or central society the same type is exempted. No member of a committee shall be the president or chairman of more than one society of the same type.
  • Is a near relative (See explanation to rule (44) (b) of a paid employee of the society (rule 44)(i)(f))
  • Is a paid employee of that society or any other society rule 44 (1) (f) but registrar is compenent to give exemption from the operation of the sub-rule. These clouse shall not apply in the case of the societies which are having member employees.
  • Is of the unsound mind, a leaper or a minor or associated member (rule 44 (1) (g))
  • Is an applicant to be adjudicated as bankrupt or an insovant or an uncertified bankrupt or undischarged in solvant (rule 44)(1)(h))
  • Is carrying on the same (not similar) business as is being carried on by society, Rule 44 (1)(i)
  • Was a member of a committee superseded a period of one year has not elasped from the date of super session {Rule 44 (1)(k)}
  • Is surcharged under S. 68 {Rule 44 (1)(1)}
  • Is employed otherwise than in an honorary capacity has legal advisor or legal practioner on behalf of the society or against the society which is member of the former society, (rule 44 (1)(e))
  • Interested directly or indirectly in an contract made with the society or in any sale, or purchase made by the society privately or in any auction or in any transaction of the society other than the investment and borrowing involving financial interest, if the contract or transaction if subsitting or if the contract, Sale, purchase or transaction be not completed {rule 44 (1) (d)}
  • Is in default (defined in rule 2 (d) to the society) or to any other society in respect of any loan or loan taken by him in which we he had stood surety, for such period as is prescribed in the bye-laws concerned in any case for a period exceeding 3 months or is defaulted to the society or to any other society. (rule 44 (1)(c) see also circular 2/78 and 22/78)
  • He has been sentenced for any offence (other than political offence not involving moral delinquencies) and period of there years has not elasped from the date of expiration of the sentence.
  • Is disqualified under any other provision one of the bye-laws of the society (rule 44 (i) (j))
  • Kerala public men's corruption (investigation and enquires) 44E (i) (ii) (iii) (b) 4,5,6. If a committee member commits default he is to be served with a registered notice by the secretary and his membership in the committee will cease after one month, if he fails to clear all the default amount within one month from the date of receipt of the notice.

Disqualification of member of society to be deligated on another society

Privision to section no. 28 (d) and rules 44, 45, 46, relevent in his respect. A person is qualified to be deligate of a society to another society though he is already a member of the committee of the societys of different type (provision to s. 28 (2) (d)) no member shall be appointed to represent a society in any other society and vote on the date 30 days prior to the date fixed for a meeting for the conduct of any election relating the society if:-

a.He is default to the society of which he is a member in respect any loan or loans taken by him (not applicable in the case of surety). For such period as may be specified in the bye-laws or in any case for a period exceeding three months. (primary land development) banks and primary housing co-operatives 6 months)

b.He is person against whom any decision, award or order reffered to in s. 70(3) being passed in disqualified to be a deligate.

c.He is a member of a society in his individual capacity is not be elected or appointed as deligate to the society. (illestraion:'x' is a member of primary credit society as well as primary marketting society. If so 'x' is not qualified to become a deligate to the primary credit society to the primary marketing society).

What is the procedure of Conduct of Election:
(sec. 28, rule 26,35,35A & 39)

Asper sec. 28 (1) the General body of the society shall constitute committee for a period not exceeding 5 years, inaccordance with bye-laws and entrust management of the affairs of the society to such committee. As per rule 39(1),the bye-laws of every society shall provide for the term of its committee its also specified in rule 39 (2) of he rules that the €œnot with standing anything contained in the bye-laws for the purpose of calculating the terms of committee, year shall be taken to be a period of 12 months from the date of asseption of office by the committe. It is mandatory asper the rule 39(3), that the election of all the members of the committee shall be held before the expiry of the terms of office of the existing committee.