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By Maharashtra Bureau

PREPARATION OF ELECTORAL ROLL

6. 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 enrollment and who is an active member shall be included in the provisional list as laid down in Section of 27 of the Act. (3) 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 two years stated in section 27(3-A)of the Act is to be counted from the date of enrollment 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 been held before the expiry of the term of the committee due to unforseen conditions or any other reason, 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 section 73 (1A) (a) shall comprise of all the members as on the date of the registration.

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 by the committee of the society to the District Cooperative Election Officer or Taluka or Ward Cooperative Election Officer, 120 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 Cooperative Election Officer or Taluka or Ward Cooperative Election Officer within 10 days from its receipt shall call for 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 Cooperative Election Officer or Taluka or Ward Cooperative Election Officer on or before the due date, the District Cooperative Election Officer or Taluka concerned Cooperative Election Officer shall himself or through any persons authorized by him in this behalf, prepare such provisional list of voters and the expenditure incurred therefor shall be recovered from the committee or other persons responsible therefore, as arrears of land revenue.

(5) In the event of the District Cooperative 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 notice board 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 official website of SCEA and Co-operation department.
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7. 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 name, father’s or husband’s name, surname (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.

8. Claims and objections to the provisional list of voters and the final list of voters for co-operative societies having 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 concerned District Cooperative Election officer or Taluka or Ward Cooperative Election Officer in writing by any member of the society who is a voter during office hours within 10 days from the date of publication of the provisional list of voters.

(2) Every claim or objection 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 Cooperative Election Officer or Taluka or Ward Cooperative Election Officer shall, 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 10 days from the last date prescribed for receiving the claims and objections. Thereafter final voters list should be published within the period of 15 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 Cooperative Election Officer and also on the notice board of the society at least 10 days before the declaration of the election programme and in no case later than 15 days from the finalization of claims and objections. The District Cooperative Election Officer may also cause it to be published on the official website of the SCEA, if any.

9. 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 2 years as members from the date of their, enrollment and in case of society being a active member who has completed minimum 3 years from the date of enrollment 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 of Maharashtra Cooperative Societies Act 1960. 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 stated in section 27(3)of the Act is to be counted from the date of enrollment 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 been held before the expiry of the term of the committee due to unforseen conditions or any other reason, 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 section 73 (1A) (a) shall comprise of all the members as on the date of the registration :

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.

(2) Four copies of the authenticated provisional lists of voters shall be delivered by the committee of the society to the District Cooperative Election Officer or Taluka or Ward Co-operative Election Officer, 120 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 Cooperative Election Officer or Taluka or Ward Co-operative Election Officer shall, within 10 days from its receipt, call for inviting claims and objections from the members of the society.

(3) 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 Cooperative Election Officer or Taluka or Ward Co-operative Election Officer shall himself or through any persons 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.

(4) 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 official website of SCEA and Co-operation department.

10. 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 name, father’s or husband’s name, surname, age, gender 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, 150 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 Co-operative Election Officer or Taluka or Ward Co-operative Election Officer at least 120 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 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 by the District Co-operative 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 delegate 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.

11. 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 10 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) 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 15 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.