CSLawship: Society Elections Chapter 3

Maharashtra Co-operative Societies (Election to Committee) Rules, 2014.

Chapter E3 : Preparation of Electoral Roll

  1. Provisional list of voters for co-operative societies having individuals as members. -
    1. A provisional list of voters shall be prepared by every society in the year in which the election of such society is due to be held. The member who has completed minimum two years as member from the date of his enrolment and who is an active member shall be included in the provisional list as laid down in sections 26 and 27 of the Act. If different constituencies are provided in the bye-laws, the names of voters shall be arranged constituency wise, if required, as laid down in the bye-laws.
    2. The period of two years as provided in sub-section (3A) of section 27 of the Act is to be counted from the date of enrolment of member to the date when election of the managing committee of the society becomes due:
      Provided that, the period of two years shall not be counted in respect of a co-operative housing society and a co-operative premises society as provided in the proviso to sub-section (3A) of section 27 of the Act:
      Provided further that, in case of societies where the elections could not been held before the expiry of the term of the committee due to unforeseen situations or any other reason, a provisional list of the voter shall be prepared on the basis of the date fixed by the SCEA:
      Provided also that, provisional list of voters of the society having its first elections due after term of expiry of the provisional committee under clause (a) of sub-section (1A) of section 73 shall comprise of all the members as on the date of election when due:
      Provided also that , the provisional list of the voters of the society on which an authorized officer is appointed under section 77A or an administrator is appointed under section 78A, shall be prepared on the basis of the date fixed by the SCEA.
    3. Four copies of the authenticated provisional lists of voters in print as well as preferably in digital form shall be delivered by the committee of the society to the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer, or as directed by the SCEA, one hundred and twenty days before the date of expiry of the term of Committee. Copies of such lists shall be displayed on the notice board of the society. The District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer within ten days from its receipt shall invite claims and objections from the members of the society.
    4. If any committee fails to deliver copies of the provisional lists of voters to the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer on or before the due date, the District Co-operative Election Officer or concerned Taluka Co-operative Election Officer shall himself or through any person authorized by him in this behalf, prepare such provisional list of voters and the expenditure incurred therefore shall be recovered from the committee or other persons responsible therefore, as arrears of land revenue.
    5. In the event of the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer taking action under the last preceding sub-rule, he shall also cause copies of the provisional list of voters to be displayed on his notice board and notice board of the society within ten days from the date of receipt of such list from the society for inviting claims and objections from the members of the society:
      Provided that, such list may be published on the official website of SCEA and the Co-operation Department.
  1. Particulars to be included in the provisional list of voters for co-operative societies having individuals as members. - The provisional list of voters in case of individual shareholders, shall contain the surname, name, father's or husband's name (in alphabetical order), if any, with address as recorded in the register of members in Form 'E-3' of every person entitled to be registered as voter with such other particulars as may be necessary to identify him.
  1. Claims and objections to the provisional list of voters and the final list of voters for cooperative societies having individuals as members. -
    1. When the provisional list of voters is published for inviting claims and objections, any omission or error in respect of name or address or other particulars in the list may be brought to the notice of the concerned District Co-operative Election officer or Taluka or Ward Co-operative Election Officer in writing by any member of the society during office hours within ten days from the date of publication of the provisional list of voters.
    2. Every claim or objection shall be in writing and state the grounds on which the claim is based or the objection is raised, as the case may be.
    3. The District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer shall, or as directed by the SCEA, after making such enquiries as deem necessary in this behalf, consider each claim or objection, and give his decision thereon in writing to the persons concerned within ten days from the last date prescribed for receiving the claims and objections. Thereafter final voters list should be published within the period of fifteen days from the last date prescribed for receiving the claims and objections. The list finalized by the election officer after deciding all claims and objection shall be final list of voters.
    4. The copies of the final list of voters shall be displayed on the notice board of the District Co-operative Election Officer and also on the notice board of the society at least ten days before the declaration of the election programme and in no case later than fifteen days from the finalization of claims and objections. The District Co-operative Election Officer may also cause it to be published on the official website of the SCEA, if any.
  1. Provisional list of voters for the societies having society or society and individuals as members.-
    1. A provisional list of voters shall be prepared by every society in the year in which the elections of such society are due to be held. The active members who have completed minimum two years as members from the date of their enrolment and in case of society being a active member who has completed minimum three years from the date of enrolment on or before the date of expiry of period of existing managing committee; shall be included in the provisional list as laid down in section of 27. If different constituencies are provided in the bye-laws, the names of voters shall be arranged constituency wise as laid down in the bye-laws.
    2. The period of three years provided in sub-section (3) of section 27 of the Act is to be counted from the date of enrolment of member to the date when election of the managing committee of the society becomes due: The period of three years provided in sub-section (3) of section 27 of the Act is to be counted from the date of enrolment of member to the date when election of the managing committee of the society becomes due: Provided that, in case of societies where the elections could not be held before the expiry of the term of the committee due to unforeseen conditions or any other reason, provisional list of the voter shall be prepared on the basis of the date fixed by the SCEA:
      Provided further that, provisional list of voters of the society having its first elections due after term of expiry of the provisional committee under section 73 (1A) (a) shall comprise of all the members as on the date of election when due:
      Provided also that, the provisional list of the voters of the society on which an authorized officer is appointed under section 77A or an administrator is appointed under section 78A shall be prepared on the basis of the date fixed by the SCEA.
    3. Four copies of the authenticated provisional lists of voters shall be delivered in print as well as preferably in digital form by the committee of the society to the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer, or as directed by the SCEA one hundred and twenty days before the date of expiry of the term of Committee. Copies of such lists shall be displayed on the notice board of the society. The District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer shall, within ten days from its receipt, call for inviting claims and objections from the members of the society.
    4. If any committee fails to deliver copies of the provisional lists of voters to the election officer on or before the due date, the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer shall himself or through any person authorized by him in this behalf, prepare such provisional list of voters and the expenditure incurred therefor shall be recovered from the committee responsible therefore, as arrears of land revenue.
    5. In the event of the District Co-operative Election Officer or Taluka or Ward Cooperative Election Officer taking action under the last preceding sub-rule, he shall also cause copies of the provisional list of voters to be displayed on his notice board and on the notice board of the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer and of the society within 10 days from the date of receipt of such list from the society for inviting claims and objections from the members of the society :
      Provided that, such list may be published on the official website of SCEA and the Co-operation Department.
  1. Particulars to be included in the provisional list of voters for the societies having society or society and individuals as members. -
    1. The provisional list of voters in case of individual Active members shall contain the surname, name, father's or husband's name, age, gender (in alphabetical order) if any, with address recorded in the register of members in Form 'E-3' of every person entitled to be registered as voter with such other particulars as may be necessary to identify him.
    2. Where a society or firm is the member of Society, the District Co-operative Election Officer or the Taluka or Ward Co-operative Election Officer shall publish a date for calling the name of representative, one hundred and fifty days prior to the date of expiry of term of office of the Committee. and such society shall send the name of representative duly authorized to vote at the election on behalf of the society or firm, so as to reach it to the office of the District Cooperative Election Officer or Taluka or Ward Co-operative Election Officer at least one hundred and twenty days prior to the date of expiry of term of office of the Committee. The representative authorized by the member society shall be an active member of the member society.
    3. While communicating the name of the representative to the society the affiliated society shall enclose a copy of the resolution of the annual general body meeting of the society or its committee as provided under its by-laws, where the representative is so authorized. The society shall include in the list of voters the names of all such representatives as have been communicated to it before the date fixed for publication of the provisional list of voters by the District Cooperative Election officer or Taluka or Ward Co-operative Election Officer. In addition to the names of representatives, the list shall contain the name of the affiliated societies, their registration numbers and addresses with names of the constituency, if any, to which they belong.
    4. A society which has communicated the name of its representative shall, by like resolution, be permitted to change the name of its representative only in case of death of the representative or where there is newly elected committee of the member society not later than five days before the last date for making nominations.
  1. Claims and objections to the provisional list of voters and the final list of voters for the societies having society or societies and individuals as members. -
    1. When any provisional list of voters is published for inviting claims and objections, any omission or error in respect of name or address or other particulars in the list may be brought to the notice of the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer in writing by any member of the society concerned who is a voter or any representative authorized to vote on behalf of such society during office hours within ten days from the date of publication of the provisional list of voters.
    2. Any member of the society concerned making a claim or raising objection shall do so by a separate petition, which shall be presented to the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer during office hours, before the last date published for inviting claims and objections. Such claims or objections shall be preferred in writing and state the grounds on which the claim is based or the objection is raised, as the case may be.
    3. The District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer shall, after making such enquiries as deemed necessary in this regard, consider each claim or objection, and give his decision thereon in writing to the persons concerned within ten days from the last date prescribed for receiving the claims and objections and final voters list should be published within the period of fifteen days from the last date prescribed for receiving the claims and objections. The list as finalized by the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer after deciding all claims and objection shall be final list of voters.
    4. The copies of the final list of voters shall be displayed on the notice board of the District Co-operative Election Officer and also on the notice board of the society at least ten days before the declaration of the election programme and in no case later than fifteen days from the finalization of claims and objections .The District Co-operative Election Officer may also cause it to be published on the official website of the SCEA, if any.
    5. If any change in the final voters list in accordance with sub-rule (4) of rule 10 is required, the District Co-operative Election Officer or the person authorized by him, after making such inquiry as he deems fit, make necessary changes in the final voter list.

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