Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Homoeopathy Central Council (Election) Rules, 1975 CONTENTS 1. Short Title 2. Definitions 3. Persons Entitled To Vote 4. Posting Of Copies Of State Register Of Homoeopathy 5. Returning Officer To Hold The Elections 6. Questions Relating To Right To Persons To Stand For Or To Vote At Election 7. Fixation Of Dates Of Various Stages Of Election 8. Nomination F Candidates 9. Nomination Paper 10. Rejection Of Nomination Paper 11. Scrutiny Of Nomination Papers 12. Withdrawal Of Candidature 13. Poll 14. Return Of Voting Papers 15. Endorsement By Returning Officer 1 6 . Presence Of Candidates At The Time Of Opening Of Outer Envelope 17. Rejection Of Voting Papers 18. Scrutiny & Counting Of Votes 19. Declaration Of Result 20. Sealing And Custody Of Election Papers 21. Result Of Election 22. Representatives Of Universities 23. Election By Faculty Or Department 2 4 . Intimation Of Name Of Elected Persons To The Central Government Homoeopathy Central Council (Election) Rules, 1975 G.S.R. 611 - In exercise of the powers conferred by sub-section (1) of section 4 and sub- section (1) of section 32 of the Homoeopathy Central Council Act 1973 (59 of 1973), the Central Government hereby makes the following rules namely :- 1. Short Title :- (1) These rules may be called the Homoeopathy Central Council (Election) Rules, 1975. (2) They shall come into force on the date of their publication in the official Gazette. 2. Definitions :- In these rules, unless the context otherwise requires (a) "Act" means the Homoeopathy central Council Act, 1973 (59 of 1973); (b) "Form" means a form annexed to these rules; (c) "President" means the President of the Central Council of Homoeopathy; (d) "Returning Officer" means any officer appointed as such by the Central Government for the purposes of these rules; (e) "Section" means a section of the Act. ELECTIONS TO THE CENTRAL COUNCIL UNDER CLAUSE (a) OF SUB- SECTION (1) OF SECTION 3 3. Persons Entitled To Vote :- All persons whose names are enrolled on a State Register of Homoeopathy, shall be entitled to vote at the election of members under clause (a) of sub-section (1) of section 3. 4. Posting Of Copies Of State Register Of Homoeopathy :- (1) Copies of the State Register of Homoeopathy shall be 2 posted at the office of the Returning Officer and of the Board of the Sate concerned. (2) The register shall be brought up-to-date before posting and for this purpose, the Returning Officer shall give one month"s notice to the Registrar (by whatever name called) of the Board concerned, who maintains the register in the State. 5. Returning Officer To Hold The Elections :- The Returning Officer shall call upon persons enrolled on the State Register of Homoeopathy to elect such number of members, as is determined by the Central Government under clause (a) of sub- section (1) of section 3. 6. Questions Relating To Right To Persons To Stand For Or To Vote At Election :- If any question arises as to whether a person is or is not entitled to vote in the election or to stand for the election, the question shall be referred to the Returning Officer who shall decide the same. 7. Fixation Of Dates Of Various Stages Of Election :- The Returning Officer shall appoint and shall notify in the official Gazetted and in such other manner as he thinks fit, the date, time and place for - (a) the receipt of the nomination papers and their scrutiny; (b) the dispatch of voting papers to the electors; (c) the poll; and (d) the scrutiny and counting of votes. 8. Nomination F Candidates :- Any person qualified to stand for the election under section 5 may be nominated as a candidate for election and such nomination shall be made by means of a nomination paper in Form I which shall be supplied by the Returning Officer to any elector who may apply for the same. 9. Nomination Paper :- (1) Each nomination paper shall be subscribed by two electors as proposer and seconder and shall contain a declaration signed by the persons proposed signifying his consent to stand for the election. (1A) No elector shall subscribe, whether as proposer or as seconder, more than one nomination paper at the same election and, if he does, his signature shall be inoperative on any paper other than the one first delivered. (1B) Nothing in this rule shall prevent any candidate from being nominated by more than one nomination paper for the same election; Provided that not more than four nomination paper shall be presented by or on behalf of any candidate or accepted by the Returning Officer, (2) On receipt of each nomination paper, the returning Officer shall forthwith endorse thereupon the date and hour of receipt. 10. Rejection Of Nomination Paper :- A nomination paper which is not received before the date and time appointed in that behalf shall be rejected. 11. Scrutiny Of Nomination Papers :- (1) On the date and at the time appointed by the returning officer for the scrutiny of the nomination papers, the candidates and the proposer and the seconder of each candidate may attend the office of the Returning Officer, who shall allow them to examine the nomination papers of all the candidates which have been received by him as aforesaid. (2) The Returning Officer shall examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary enquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds:- (a) that on the date appointed for the scrutiny of nominations the candidates does not possess a recognized medical qualification for standing election as such a candidate; (b) that he is not enrolled on the State Register of Homoeopathy and does not reside in the State from which he stands for election; (c) -omitted - (d) that the nomination paper is not received by the returning Office before the appointed time and date; (e) that the signature of the candidate or the proposer or the seonder on the nomination paper is not genuine; and (f) that the proposer or the seconder is not entitled to vote at such an election; and (g) that the signature of the proposer or the seconder is in violation to the provisions of the sub-rule (1A) of rule 9. 12. Withdrawal Of Candidature :- (1)Any candidate may withdraw his candidature within seven days after the scrutiny of nomination papers by notice in writing signed by him and delivered to the Returning Officer. (2) A candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal. (3) The Returning Officer, shall, on receiving a notice of withdrawal and on being satisfied as to the genuineness of the notice of withdrawal under sub-rule (1), cause the notice to be affixed in some conspicuous place in his office. 13. Poll :- (1) Where the number of candidates duly nominated is equal to or less than the number of members to be elected from the State concerned, the returning Officer shall forthwith declare such candidates to be duly elected. (2) Where the number of such candidates is less than the number of members to be so elected the Returning Officer shall commence fresh proceedings for the election of the remaining members to be elected under clause (a) of sub-section (1) of section 3. (3) Where the number of such candidates exceeds the number of members to be elected from the State concerned, the Returning Officer shall publish their names and addresses in the official Gazette and shall further cause their names to be entered in the voting papers in Form II. (4) If a poll is found necessary, the Returning Officer shall, thirty days before the date appointed therefor, send by (registered)* post t o each elector a letter of intimation in Form IV together with a numbered declaration paper in Form III, a voting paper in alphabetical order and bearing the Returning Officer"s initial or facsimile signature, a voting paper cover addressed to him (the Returning Officer) and an outer envelope also addressed to him. Provided that the voting paper and other connected papers may also be sent to any elector on his applying to the Returning Officer f o r the same before the date appointed for the poll, if the Returning Officer is satisfied that the papers have not been sent to him. (5) An elector who has not received the voting and other connected papers sent to him by post or who has lost them or in whose case the papers before their return to the Returning Officer have been inadvertently spoilt, may transmit a declaration to that effect signed by himself, and request the Returning Officer not later than seven days before the date appointed for the poll to send him fresh papers and if the papers have been6 spoilt, the spoilt papers shall be returned to the Returning Officer who shall cancel them on receipt. (6) In every case in which fresh papers are issued, a mark shall be placed against the number relating to the elector"s name in a copy of the State Register of Homoeopathy to denote that fresh papers have been issued. (7) Each elector shall have as many votes as there are members to be elected from that State, but shall give only one vote to any one candidate. (8) No election shall be invalid by reason of the non-receipt by an elector of his voting paper. 14. Return Of Voting Papers :- Every elector desirous of recording his vote shall, after filling up the declaration paper and the voting paper according to the directions given in the letter of intimation, enclose the voting paper in the voting paper cover, stick up the cover, enclose the cover and the declaration paper in the outer cover addressed to the Returning Officer and send the outer cover by post at the elector"s own cost to the Retuning Officer so as to reach him not later than 5.00 P.M. on the date fixed for the poll and all envelopes received after that day and hour shall b rejected. 15. Endorsement By Returning Officer :- On receipt of the envelopes containing the declaration paper and the closed cover containing the voting paper, the Returning Officer shall endorse on the outer envelope the date and hour of receipt. 16. Presence Of Candidates At The Time Of Opening Of Outer Envelope :- (1) The Returning Officer shall open the outer envelope immediately after 5.00 P.M. on the date fixed for the poll at the place to which the envelopes are addressed to him. (2) Any candidate may be present in person or may send a7 representative duly authorized by him in writing to attend at the time the outer envelopes are opened. 17. Rejection Of Voting Papers :- (1) A voting paper cover shall be rejected by the Returning Officer, if :- (a) the outer envelope contains no declaration paper outside the voting paper cover; or (b) the declaration paper is not the one sent by the Returning Officer to the voter; or (c) the declaration paper is not signed by the elector; or (d) the voting paper is placed outside the voting paper cover; or (e) more than one declaration paper or voting paper cover have been enclosed in one and the same outer envelope; or (f) the Sate Registration number is not given by the elector in the declaration paper. (2) In each case of rejection the word "Rejected" shall be endorsed on the voting paper cover and also on the declaration paper, if any. (3) After satisfying himself that the electors have fixed their signature to the declaration papers, the Returning Officer shall keep all the declaration papers in safe custody, pending disposal, under rule 20. 18. Scrutiny & Counting Of Votes :- (1) The Returning Officer shall attend, for the purpose of scrutiny and counting of the votes on the date and time and lace appointed by him in this behalf. Provided the date so appointed shall not be later than three days from the date fixed for the poll. (2) All the voting paper covers, other than those rejected.8 Under rule 17 shall be opened and the voting papers taken out and mixed together and voting paper shall then be scrutinized and the valid votes counted. (3) A voting paper shall be invalid if :- (a) it does not bear the Returning Officer"s initials or facsimile signature; or (b) the voter signs his name or writes any word or makes any mark on it, by which it becomes recognizable as his voting paper; or (c) no vote is recorded thereon; or (d) the number of votes recorded thereon exceeds the number of seats to be filled; or (e) there is uncertainty of the vote exercised. (4) Any candidate may be present in person or may send a representative duly authorized by him in writing to watch the process of counting. (5) The Returning Officer shall show the voting papers, if requested to do so, to the candidate or their authorized representatives at the time of scrutiny and counting of votes. (6) If any objection is made to any voting paper on the ground that it does not comply with the specified requirements or to any rejection by the Returning Officer of a voting paper, it shall be decided at once by the Returning Officer. (7) The Returning Officer shall nominate such number of scrutineers as he thinks fit who shall be Gazetted Officers of the Government. 19. Declaration Of Result :- (1) When the counting of the votes has been completed, the Returning Officer shall draw up a list of candidates in the order of highest votes polled by each candidate9 and shall declare candidates successful in that order according to the number of seats to be filled up and shall forthwith inform the successful candidates by post in such other manner as he thinks fit, of being elected to the Central council. (2) If, after the counting of votes is completed, an equality of votes i s found to exist in between any candidates, and the addition of one vote will entitle any of these candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot and proceed as if the candidate on whim the lot falls had received as additional vote. 20. Sealing And Custody Of Election Papers :- Upon the completion of the counting and after the result has been declared by him, the Returning Officer shall seal up the voting papers and all other documents relating to the election and shall retain the same for a period of six months and he shall not destroy or cause to be destroyed the records even after six months without the previous concurrence of the Central government. 21. Result Of Election :- The Returning Officer shall intimate the name of the persons so elected to the Central Government who shall take steps to publish the name so the elected persons in the official Gazette. ELECTION TO THE CENTRAL COUNCIL UNDER CLAUSE (b) OF SUB- SECTION (1) OF SECTION 3 22. Representatives Of Universities :- (1) The President shall, not later than ninety days before the date of occurrence of a vacancy by the expiry of the term of office of a member from a University, send intimation thereof to the Central Government, who shall not later than sixty days before the date of occurrence of the vacancy, forward a notice by registered post to the Registrar of the University concerned requesting him to hold an election by a date not later than the date specified in the notice: Provided that for the purpose of the first election under clause (b) of sub-section (1) of section 3, it shall be sufficient if the Central Government forward a notice by registered post to the Registrar of the University concerned requesting him to hold the election by a date not later than the date specified in the notice. (2) In the case of a vacancy occurring otherwise than as mentioned in sub-rule (1), the President shall notify the Central Government as soon as possible the occurrence of the vacancy and the Central Government shall thereupon forward a notice by registered post to the Registrar of the University concerned requesting him to hold the election to fill the vacancy by a date not later than the date specified in the notice. 23. Election By Faculty Or Department :- The members of the Faculty or Department (by whatever name called) of Homoeopathy of the University shall elect one member from amongst themselves as a member of the Central Council in the following manner, namely :- (a) the date, time and place of the election shall be intimated to each of the members by the Registrar of the University at least thirty days before the date of meeting in which the election is proposed to be held; (b) any member present at the meeting shall be entitled to propose a name of any member present, and such proposal shall be required to be seconded by a member other than the proposer or the one whose name is proposed; Provided that one member shall be entitled to propose or second only one name; (c) Any candidate may withdraw his candidature before the actual election; (d) If the name of only one candidate is duly proposed and seconded, the registrar of the University shall forthwith declare such candidate as duly elected; (e) If the number of candidates duly proposed and seconded exceeds one, an election shall be held by secret ballot; (f) Before the commencement of the actual election, the Registrar of the University shall invite the members to inspect the ballot box, in case they may like to do so, and he shall then lock the box; (g) On the date of actual election, the members present in the meeting shall, one by one, sign against their names in the list which contains the names of all the members in alphabetical order and is placed along the side of the ballot box; (h) After a member has signed his name in the said list, he shall be given a ballot paper containing the names of all the candidates and signature of the Register of the University, which he shall drop into the ballot box after affixing thereon a cross (X) mark against the name of the candidate of his choice; (i) as soon as all the member present and wishing to exercise the12 right to vote have done so, the Registrar of the University, shall, in the presence of the candidates who may present in person, open the ballot box and take out from it all the ballot papers, examine them and reject as invalid any ballot paper; (A) if it does not bear the signature of the Registrar of the University; or (B) if the member signs his name or writes any word or makes any mark on it by which it becomes recognizable as his ballot paper; or (C) If no vote is recorded thereon; or (D) If there is uncertainty of the vote exercised; or (E) If the vote has been given in favour of more than one candidates; (j) The Registrar of the University shall then proceed to arrange the valid vote according to the candidates in whose favour they have been cast and count them separately for each candidates; (k) After the counting is over, the Registrar of the University shall make an announcement in the meeting about the votes secured by each of the candidates and he shall also declare the candidate securing the largest number of valid votes as duly elected to be member of the Central Council; (l) In the event of two or more candidates securing the same number of votes and that number being more than the number of votes secured by any candidate other than the two or more 13 securing number of votes, the determination as between such candidates shall by draw of lots and the candidate on whom the lot falls, shall be declared elected. 24. Intimation Of Name Of Elected Persons To The Central Government :- The name of the person elected shall be intimated by the Registrar of the University to the Central Government, who shall take steps to publish the name of the elected person in the official Gazette.