Election Guidelines

Responsibility for Election of a New Committee

The primary responsibility to initiate elections of a new Committee in accordance with the provisions of the Punjab Cooperative Societies Act, 1961 and the rules made thereunder, lies with the Committee of a Cooperative Society. Section 26 (C) provides that each Committee shall 90 days before the expiry of its term, make arrangement for the constitution of a new Committee.

In case the Committee of a Cooperative Society fails to initiate the process of elections, it is incumbent upon the Registrar to make such arrangements as may be necessary, to hold elections in accordance with the provisions of the Act and the rules made thereunder, after making necessary arrangements for management of day to day affairs of the Society through an administrator as per provisions of section 26(1-D).

Term of an Elected Committee

The term of office of an elected Committee of a Cooperative Society is five years from the date of its election and not from the date it assumes office.

Appointment of Election Manager

The Registrar should appoint any person as an Election Manager for the purposes of election to the Managing Committee of a Cooperative Society. In case no such appointment is made, Chief Executive Officer of the Cooperative Society would act as the Election Manager.

Formation of Zones

4.0 It is the responsibility of the Committee of a Cooperative Society, except in case of Primary Cooperative Societies, election for which are held in a special meeting, to divide its area of operation into zones for the purpose of elections of the members of the Committee. The Committee should propose such zones as it considers appropriate, to the Registrar for his approval. It should keep in view following parameters for formation of zones:

The Chief Executive Officer of the Cooperative Society should submit a list of proposed zones to the Registrar at least 60 days before the expiry of the tenure of the Committee. In case the Committee of a Cooperative Society has not initiated the process of election and an Administrator has been appointed by the Registrar, it should be incumbent upon the Administrator to submit such a proposal as early as possible but not beyond 60 days from the date he is appointed as such. In the event, an Administrator is unable to finalise the list of zones within 60 days, he should clarify reasons for not doing so in writing to the Registrar.

On receipt of the list of zones, the Registrar or any other officer authorised by him should invite objections by giving a notice of 15 clear days with reference to formation of zones of the Cooperative Society specifying therein:

The notice inviting objections to formation of zones should be exhibited at the registered office of the Cooperative Society and at some conspicuous places in the area of operation of the Cooperative Society. This would be in addition to any other mode of notice, which may be specified in the bye-laws or in the resolution of the Committee or may be specified by the Registrar by a general or special order.

The Registrar should after providing an opportunity of hearing to all those who submit objections decide, finalise and approve the zones with or without modifications. He should pass a speaking order in this behalf.

The zones so approved by the Registrar should remain valid for the purpose of elections to the Committee of a Cooperative Society for at least ten years from the date of formation except in cases where addition or deletion, if any, in the opinion of the Registrar is necessary because of registration of new societies, liquidation of existing societies, enrolment of new members and deletion of existing members.

The zones approved by the Registrar should be final and no appeal under section 68 of the Punjab Cooperative Societies Act, 1961 lies against such an order of the Registrar. Any dispute with regard to formation of zones can possibly be raised by a share holder or a member of the Society only through a reference of election dispute under section 55/56 of the Act, ibid and the rules made thereunder.

Preparation of Zone-wise List of Voters

The Election Manager of a Cooperative Society should within seven days of the receipt of the list of approved zones from the Registrar, prepare zone-wise list of voters and exhibit the same at the registered office of the Society. Such a list should be exhibited for at least seven days after notifying the Election Program.

In case a member is not entitled to vote merely because he is a defaulter, his name should also be exhibited in the list clearly marking him as such. Such a member should be eligible to vote if he clears his defaults and produces a ‘Clearance Certificate’ from the concerned Cooperative Society on or before the close of withdrawal of nominations.

Preparation and Finalisation of Election Programme

The Election Manager of a Cooperative Society should within seven days from the date of issuing final zone-wise list of voters, draw a detail election programme providing for the date, time and place for:

The election programme so drawn should be submitted to the Registrar for his approval.

On receipt of detail election programme, the Registrar should convey his approval within seven days unless he has reasons to withhold his consent and in such a situation, he should pass a speaking order in writing.

No election programme approved by the Registrar should be altered, modified or deferred except in circumstances as follows:

Provided that the Returning Officer or the Assistant Returning Officer should within 24 hours submit a detail report to the Registrar regarding alteration, modification or postponement of elections giving reasons thereof, in writing.

Appointment of a Returning Officer and an Assistant Returning Officer

The Registrar should appoint an officer of the Department of Cooperation as a Returning Officer for elections to the Managing Committee of a Cooperative Society. He should also appoint an Assistant Returning Officer to assist the Returning Officer and if a situation so warrants, to act as Returning Officer to ensure smooth and fair conduct of elections. The Assistant Returning Officer would act under the control and superintendence of the Returning Officer and would have all powers of a Returning Officer, if required to function as such.

Election Notice

In addition to any other mode, which may be prescribed as per bye-laws of a Cooperative Society or specified by the Registrar through a general or a special order, the Election Manager of a Cooperative Society should exhibit election notice indicating the election programme for the zones constituted at least 15 days before the date of election at the registered office of the Cooperative Society and its branch office, if any, and some other conspicuous places in the area of operation of the Society. In case of apex and Central Cooperative Societies, notice should also be published in at least one each Punjabi and English newspapers, having circulation in the area of operation of the Cooperative Society.

Filing of Nomination Papers

Any person who is a voter may file his nomination paper in Form I as a candidate for elections from the zone in which he is listed as a voter, provided that such a person should be President of a Primary Agriculture Cooperative Society or a member duly authorised by the Cooperative Society as per its bye-laws, in case he files nomination papers on behalf of that Cooperative Society. The nomination of each candidate should be made on a separate nomination paper. It should be submitted to the Returning Officer or the Assistant Returning Officer by the candidate himself. The nomination should be proposed by a voter belonging to the zone from which a candidate is seeking election.

The nominated candidate if contesting as individual should declare on oath that:

Similar declaration should be made on behalf of a Cooperative Society by the person authorised by that Cooperative Society to participate in election. Specimen of Declaration on Oath is attached as annex-I.

Register of Nominations

The Returning Officer or Assistant Returning Officer should maintain or cause to be maintained a register in Form II, in which each nomination paper should be entered. He should also issue an acknowledgement (pertorated receipt) of having received the nomination paper to the candidate or his proposer.

Scrutiny of Nomination Papers

The Returning Officer/Assistant Returning Officer should scrutinise nomination papers at the place, date and time, specified in this behalf in the election programme. He should hear objections, if any, presented or raised during the course of scrutiny in regard to eligibility of any candidate and dispose of these objections after such enquiries, as he may deem necessary. The decision of rejecting or accepting the nomination papers and brief statement of reasons therefor, should be recorded on the nomination papers itself.

No nomination papers should be rejected merely on the basis of clerical errors or conjectures. Since rejection of nomination papers of an eligible candidate implies denial of a basic right to contest, rejection of nomination papers should be carefully considered. The Returning Officer/Assistant Returning Officer should ensure that the person raising objections on nomination papers of a candidate is a candidate or proposer of a candidate of the concerned zone.

Nomination papers of a candidate should be rejected if he is disqualified to become a member of the Managing Committee of a Cooperative Society. A person is disqualified to be a member of the Managing Committee of a Cooperative Society, if:

In case a person is representing a Cooperative Society, disqualification of that Society should be seen while rejecting the nomination papers.

In case an objection is raised that the candidate is a defaulter, the Returning Officer/Assistant Returning Officer should insist for certificate of Default/No Default from the Society of which the contesting candidate is alleged to be a defaulter. Such a certificate should be produced on or before the close of withdrawal of nominations.

In case a candidate is allegedly disqualified to contest or become a member of the Managing Committee of a Society, he may be allowed time to disprove his disqualification, if he so desires, by the Returning Officer/Assistant Returning Officer. However, such a time should be not beyond the time to close the withdrawal of nomination papers. The Returning Officer/Assistant Returning Officer should pass a speaking order in this regard, before the close of withdrawal of nominations.

The Returning Officer should after scrutiny of nomination papers, prepare and announce a list of validly nominated candidates and the same should be exhibited at the registered office of the Cooperative Society or the place where nomination papers were filed and at some conspicuous places in the area of operation of the Cooperative Society as may be directed by the Registrar through a general or special order.

List of Validly Nominated Candidates

Immediately after scrutiny of nominations, the Returning Officer/Assistant Returning Officer should draw a list of validly nominated candidates in Form III and display the same at the registered office of the Cooperative Society or the place where nomination papers were filed and some other conspicuous places as may be directed by the Registrar through a general or special order.

Withdrawal of Nomination Papers

Any candidate may withdraw his nomination by a notice in writing, which should be subscribed and submitted by him personally to the Returning Officer/Assistant Returning Officer by the date, time and place as specified in the election programme. The Returning Officer/Assistant Returning Officer should carefully consider the withdrawal papers of a candidate and verify that the withdrawal notice is duly authenticated by him. No candidate should be allowed to cancel his withdrawal once he has submitted the notice of withdrawal and the same has been duly accepted by the Returning Officer/Assistant Returning Officer.

Election of Unopposed Candidates

The Returning Officer / Assistant Returning Officer should, after preparing the list of validly nominated candidates, declare the candidate elected, if there is no contest about his election and communicate the same to the Presiding Officer, if appointed, the Election Manager of the society and the Registrar. The result of unopposed election should be displayed at the registered office of the Cooperative Society or the place where nominations were filed and at some other conspicuous places as may be directed by the Registrar through a general or special order.

Death of a Candidate before Poll

If a candidate dies after the last date of filing of nomination papers and before the commencement of poll and a report to that effect is received by the Returning Officer / Assistant Returning Officer, he should countermand the election in respect of the zone, for which the deceased was a candidate. The Returning Officer/Assistant Returning Officer should after passing the order to countermand the elections, send the same to the Registrar and the Election Manager of the Cooperative Society. Election for such a zone should be held denovo in keeping with the rules and procedures.

Allotment of Election Symbol

Display of list of Contesting Candidates

The Returning Officer and / or Assistant Returning Officer should display the list of contesting candidates in Form III-A at a conspicuous place in his office. He should also send two copies of the list to the Election Manager of the Cooperative Society for displaying the same at the registered office of the Cooperative Society and the place where election for the respective zone is to take place.

Appointment of Presiding Officer/Alternative Presiding Officer

The Returning Officer/Assistant Returning Officer should appoint a Presiding Officer and an Alternative Presiding Officer for a polling station where polling is to be held. The Returning Officer/Assistant Returning Officer should also appoint an adequate number of Polling Officials to assist the Presiding Officer/Alternative Presiding Officer. The Presiding Officer/Alternative Presiding Officer may, if an emergent situation so warrants, himself appoint Polling Officials at the time of poll for its smooth conduct. The Alternative Presiding Officer would function under the control and superintendence of the Presiding Officer and if a situation so warrants act, as a Presiding Officer.

The Returning Officer/Assistant Returning Officer should ensure that no employee of a Cooperative Society, for which the election is being held or the employees of the Department directly incharge of that Society, are appointed as Presiding Officer, Alternative Presiding Officer or Polling officials to conduct the poll. The Presiding Officer/Alternative Presiding Officer should be incharge of all arrangements and materials at the polling station and may issue such directions/orders, as may be necessary, at the time of poll, for its smooth conduct.

Establishment of Polling Booths, Provision of Ballot Boxes and Printing of Ballot Papers

The Returning Officer or an Alternative Returning Officer should establish as many polling booths as he may consider necessary, provided that number of voters at a booth should not exceed 750.

For establishment of polling booths, provision of ballot boxes and printing of ballot papers, if required, necessary arrangements should be made by the Election Manager of the Cooperative Society. The Election Manager may seek such assistance, as may be necessary, from the employees of the Cooperation Department. The ballot papers should be printed or got printed by the Returning Officer/Assistant Returning Officer.

Election material to be Supplied for a Polling Station

The Election Manager should provide at each polling stations:-

Appointment of Polling Agents

Each candidate should be allowed to appoint one Polling Agent for each polling station.

Procedure before commencement of poll

Before the commencement of the poll, the Presiding Officer /Alternative Presiding Officer should show the un-used ballot box to each of the candidates or their polling agents, as may be present at the polling station, so that they may ascertain that the ballot box is empty. He should, thereafter, lock it up and fix his seal as well as the seals of the candidates or their agents, if they so desire, upon the box in such a manner as to prevent it from being opened without breaking, such seals. This procedure should be repeated for each box to be used subsequently; and

The ballot box should be so kept in front of the Presiding Officer/Alternative Presiding Officer that it is visible to the candidates or their polling agents.

Conduct of Polling

The election should be held by a secret ballot and a voter should exercise his vote in person at a specified place in the zone in which he/she has been enlisted as a voter; and

The poll should commence and close at the time fixed in the election programme. All the voters present at the polling station before the closing time should be entitled to record their votes even after the closing time provided that they are issued a token recognizing their presence by the Presiding Officer/Assistant Presiding Officer before the closing time.

Procedure for Voting

Before a ballot paper is delivered/issued to a voter by the polling official, the voter should speak out his name, to the polling official, who should compare his/her details with those in the list of voters. In case the voter is representing a Cooperative Society, he should produce a resolution of the Cooperative Society, authorising him to do so. Such a resolution should have been passed by the Society after notification of election; should be attested by the Chief Executive Officer of the Cooperative Societies except in case of Primary Cooperative Societies where it should be attested by the Inspector Incharge of the Society; and should have been received by the Election Manager four days prior to the date of filing nominations.

Authentication of ballot papers

The Presiding Officer/Alternative Presiding Officer should sign ballot papers on the back before these are issued to voters at a polling station.

Tendered votes

If a person representing himself to be a particular voter named in the list of voters applies for a ballot paper after an other person has voted as such voter, he should, after duly satisfying the Presiding Officer/Alternative Presiding Officer, be entitled to vote. The Presiding Officer/Alternative Presiding Officer should issue a ballot paper to the voter in the reverse order beginning from the last serial number of the ballot papers to be used at the polling station. The voter, after exercising his right of vote should hand over the ballot paper to the Presiding Officer who should keep it in a separate packet super-scribed as "tendered vote". Tendered votes should not to be counted for the results of the elections;

The name of the voter, his serial number in the list of voters and the name of the Polling Station to which the list relates should be entered in a list bearing the heading "Tendered Votes". The persons tendering such ballot paper should sign his name and address thereon or affix his thumb impression against the entry in the list; and

"List of Tendered Votes", should be prepared by the Presiding Officer/Alternative Presiding Officer in Form IV.

Challenged Votes

If any candidate or a Polling agent declares and undertakes to prove that any person applying for a ballot paper has committed the offence of impersonation, the Presiding Officer/Alternative Presiding Officer may require such person to enter in the list of challenged votes, his name and address or if he is unable to write, to affix his thumb impression and may further require such person to produce proof of identification. If the Presiding Officer/Alternative Presiding Officer is satisfied about his identity as a voter, he should be allowed to vote. The Presiding Officer/Alternative Presiding Officer should, in every case whether or not the person challenged is allowed to vote, make a note of the circumstances in the list of challenged votes in Form V.

Re-poll in Case of Destruction of Ballot Boxes or due to Natural Calamity etc.

If in an election, any ballot box is unlawfully taken out of the custody of the Presiding Officer/Alternative Presiding Officer or it is, in any way, tampered with or is accidentally destroyed or lost, the polling of that booth(s) to which the ballot box relates, should be declared void by the Returning Officer and / or Assistant Returning Officer who should report the matter to the Registrar for ordering re-poll provided that such a re-poll is held within 72 hours from the close of the poll.

Counting of Votes and Declaration of Results

The Presiding Officer/Alternative Presiding Officer should immediately after close of the poll and in the presence of the candidates or their polling agents:

Rejection of Ballot Papers

A ballot paper contained in the ballot box should be rejected, if:

Preparation of Returns

After declaration of results, the Presiding Officer/Alternative Presiding Officer should forthwith prepare a statement showing:

He should also issue a copy of Return in Form VI to the elected candidate and forward a copy thereof to the Returning Officer and/Assistant Returning Officer, the Election Manager and the Registrar;

Election Papers to be Forwarded to the Election Manager

The Presiding Officer/Alternative Presiding Officer should submit to the Election Manager against a regular receipt, election papers in separate sealed covers, which should carry the description of their contents as follows:-

the ballot papers counted as valid;

Custody of Election Papers

The Election Manager should retain the sealed packets handed over to him in his custody till the next election.

II FOR ELECTIONS TO THE COMMITTEE OF PRIMARY COOPERATIVE SOCIETIES, IF HELD IN A SPECIAL MEETING

Preparation and Finalisation of Election Programme

The Election Manager of the Cooperative Society should prepare an election programme specifying date, time and place for the following:

Calling of General Meeting

Presiding over the meeting

The meeting should be presided over by the Returning Officer and / or Assistant Returning Officer.

Proposals of candidates for contesting Elections

The names of the candidates should be proposed and seconded by any of the members present in the meeting; and

The Returning Officer and / or Assistant Returning Officer should ask and permit the candidates to withdraw their names immediately after such proposal has been made.

Voting

Counting of Votes

The ballot boxes should be opened immediately after the close of polling in the presence of contesting candidate or their respective authorized agent. Votes polled to each candidate should be counted separately. The candidates found to have secured largest number of votes in order of merit should be declared elected by the Returning Officer and/Assistant Returning Officer. In the event of candidates securing equal number of votes, the matter should be decided by draw of lot. The Returning Officer and / or Assistant Returning Officer should, immediately after the completion of counting, declare the result in the meeting itself. After the declaration of the result, he should communicate the same to the Election Manager and the Registrar; and

The proceedings of the meeting should also be recorded in the minutes book and should be signed by the Returning Officer and / or Assistant Returning Officer.

Save as otherwise provided, the procedure for appointment of election manager, appointment of Returning Officer and Assistant Returning Officer, and disqualifications of candidates should be same as in case of elections to the Managing Committee of other Cooperative Societies, where elections are held by dividing the area of operation into zones.

General

The ‘Registrar’ means the Registrar, Cooperative Societies, Punjab at the appropriate level. It includes as following:

These guidelines/directions are issued in keeping with the provisions of the Punjab Cooperative Societies Act, 1961, Appendix ‘C’ to the Punjab Cooperative Societies Rules 1963 and in exercise of powers vested with the Registrar, Cooperative Societies, Punjab under clause 12 of appendix ‘C’. In case of any conflict between these guidelines/directions and the Act and the Rules made thereunder, the provisions of the Act and the Rules would prevail. If an issue needs to be clarified, the matter should be referred to the Registrar, Cooperative Societies, Punjab.