MSPC Rules 1969 - Chapter II

ELECTION PART I - REPRESENTATIVES OF REGISTERED PHARMACISTS

4. Preparation of electoral rolls -

  1. For the purpose of election under clause (a) of section 19, the Registrar shall prepare the electoral roll of registered pharmacists from the register of registered pharmacists. The electoral roll shall include the names and residential addresses of all registered pharmacists on such date prior to the date of election as may be fixed by the Council for each election.
     

  2. The electoral roll shall be kept open for inspection in the office of the Council at least thirty days before the last date fixed for receipt of nomination papers under rule 6. The Registrar shall at the same time issue a notice in the official Gazette and in four newspapers in Form I, calling upon the registered pharmacist to send their objections or suggestions, if any, with regard to the entries in the electoral roll before a date specified in the notice, which will not be earlier than fifteen days of the publication of the notice. All objections received before the date specified in the notice shall be considered by the Registrar and corrections made, if necessary in the electoral roll.
     

  3. Any registered pharmacist aggrieved by the decision of the Registrar may within five days from the date of receipt of the order, prefer an appeal to the State Government.
     

  4. Copies of the electoral roll shall be made available for sale at a price to be fixed by the President.
     

  5. Returning Officer - The Registrar or person authorized by State Government shall be the Returning Officer.
     

  6. Fixation of stages of election -
    (1) The Returning Officer shall fix the date, hour and place for the following stages of the election, namely: -

    (a) receipt of nomination papers;
    (b) scrutiny of nomination papers;
    (c) receipt of voting papers; and
    (d) Counting of votes.

    (2) The date of the receipt of nomination papers shall be not less than forty days before the date fixed for the receipt of voting papers. The date fixed for scrutiny of nomination papers shall be not less than thirty-five days before the date fixed for receipt of voting papers.
     

  7. Notice of election - At least thirty days before the date fixed for the receipt of nomination papers, the Returning Officer shall publish in the Official Gazette and in at least four newspapers selected by him, a notice in Form 2 notifying the dates fixed under rule 6 and calling upon the electors to elect new members and to send nominations for the purposes.
     

  8. Nomination of candidates -

    (1) Every registered pharmacist whose name appears in the electoral roll prepared under rule 4 (hereinafter referred to as the elector in this part) shall be qualified for election under this part.

    (2) Candidates qualified for election shall be proposed and seconded by pharmacists qualified as electors.

    (3) The nomination papers shall be in Form 3 and the forms shall be supplied by the Registrar to every candidate on his requisition.

    (4) Every nomination paper duly completed and signed by the proposer and seconder and subscribed by the candidate himself as assenting to the nomination shall be sent by post or otherwise, so as to reach the Returning Officer on or before the date and the time appointed under rule 6 for receipt of nomination paper. Nomination papers received after the time so fixed shall be rejected. The Returning Officer shall immediately on receipt of a nomination paper record thereon the date and the time of its receipt by him.
     

  9. Scrutiny of nomination papers - On the data appointed for scrutiny of nomination papers, the candidates and one proposer and seconder of each candidate may, attend at the appointed time and place, and the Returning Officer shall give them all reasonable facilities to examine the nomination papers which have been delivered within the time fixed for their receipt under rule 6.
     

  10. Disposal of objections : Rejection of nomination -

    (1) The Returning Officer shall examine the nomination papers and shall decide all objections and that, either on such objection or on his own motion, after such summary enquiry, if any, as he thinks necessary, refuse any nomination for any of the following reasons, namely :-

    (a) that the candidate or his proposer or his seconder is not an elector,
    (b) that there has been any failure to comply with the provisions of the Act or the rules made thereunder;
    (c) that the signature of the candidate or his proposer or his seconder is not genuine or has been obtained by fraud.

    (2) Where an elector has subscribed as proposer or seconder a larger number of nomination papers than there are vacancies to be filled, only such of the papers so subscribed as have been first received, upto the number of vacancies to be filled shall be deemed to be valid; and the rest shall be deemed to be invalid and rejected.
     

  11. Completion of scrutiny -

    (1) The Returning Officer shall endorse on each nomination paper his decision whether the nomination paper has been accepted or rejected; and in case the nomination paper has been rejected the reasons therefor.

    (2) The scrutiny shall be completed on the day appointed in this behalf and no adjournment of proceeding shall be allowed.
      

  12. Withdrawal of candidate - Any candidate may withdraw his candidature within three days of completion of scrutiny of nominations by notice in writing signed by him and delivered to the Returning Officer.
     

  13. List of valid nominations - On completion of the scrutiny of nominations and after the expiry of the period within which a candidate may withdraw his candidature under rule 12, the Returning Officer shall forthwith under his signature publish on the notice board at the office of the Council a list of valid nominations.
     

  14. Procedure at uncontested elections - After the publication of the list of valid nominations if the number of validly nominated candidate does not exceed the number of vacancies to be filled in, the Returning Officer shall forthwith declare such candidates to be duly elected to fill such vacancies, and report the names of such candidates to the State Government.
     

  15. Contested election -

    (1) When there are more candidates than there are vacancies, the voting shall be by postal ballot.

    (2) The Returning Officer shall forthwith publish the names and addresses of the contesting candidates in the official Gazette and on the notice board at the office of the Council.
     

  16. Printing of voting papers - The Returning Officer shall arrange for the printing of papers in Form 4 with the names of the contesting candidates entered therein in alphabetical order according to the Devanagri script.

  17. Dispatch of voting papers to electors -

    (1) Twenty-one days before the date fixed for the receipt of voting papers under rule 6, the Returning Officer shall send to every elector by post under certificate of posting -

    (a) one voting paper in Form 4 signed by him;
    (b) a smaller blank cover with the words "Voting Paper'' printed thereon; and
    (c) a larger cover addressed to himself in Form 5.

    (2) The Returning Officer shall make a mark in one copy of the electoral roll against the name of every elector to whom a voting paper and covers have been sent. The marked copy of the electoral roll and the counterfoils of the voting papers sent shall be sealed in a packet immediately after the date fixed for receipt of voting papers under rule 6.

  18. Issue of duplicate voting paper - If any elector has not received his voting paper and covers or has inadvertently spoilt the papers or lost them, he may send to the Returning Officer at least seven days before the date fixed for receipt of voting papers under rule 6 a declaration to that effect signed by himself and the spoilt papers, if any, and require the Returning Officer to send him duplicate papers in place of those not received, spoilt or lost. When duplicate papers are issued, a record thereof shall be kept by the Returning Officer and a mark "Duplicate" made on the larger cover and on the voting paper issued. The Returning Officer shall cancel any spoilt papers received back from the elector.

  19. Delivery of voting paper to elector in person - Any elector whose voting paper is returned undelivered may apply to the Returning Officer in person for such voting paper before the date fixed for receipt of voting papers under rule 6 and take delivery of the voting paper after satisfying the Returning Officer of his identity and on giving a receipt.

  20. Recording of votes by electors -

    (1) On receipt of the voting paper, an elector shall record his votes by putting crosses in column 3 of the voting paper against the names of candidates to whom he wishes to give his votes. The elector shall have as many votes as there are vacancies and can give only one vote to each candidate. The elector shall not reveal his identity on the voting paper by putting his signature or by any other means.
    (2) After recording his vote, the elector shall put the voting paper in the smaller cover, close it and put it in the larger cover. The elector shall then close the larger cover and write his full name and sign at the places marked on the larger cover. The larger cover shall be sent by post or otherwise, so as to reach the Returning Officer on or before the date and the hour appointed under rule 6 for receipt of voting papers.
    (3) Any elector, who is under any disability which incapacitates him from recording his vote in the above manner, may take the assistance of a Gazetted Officer or a Magistrate in recording his votes. Such Officer shall, in such case, record on the back of the larger cover a certificate in the following manner, namely:-

    "I ……………………………………………………………………………… hereby certify
    (Name of the Officer)

    that …………………………………………...being incapable
    (Name of the Elector)

    of recording his votes due to ………………requested
    (Cause of incapacity)
    me to record his votes and I have recorded his votes according to his desire and in his presence."


    Signature ……………………………………

    Designation …………………………………
     

  21. Custody of voting papers - All covers containing voting papers shall on request be kept in a sealed box by the Returning Officer after noting the date and time of receipt on each cover. Any covers received after the date and time fixed for receipt of voting papers under rule 6 shall be kept in a separate packet and shall not be opened.
     

  22. Scrutiny and counting of votes -

    (1) The scrutiny and counting of votes shall be undertaken by the Returning Officer at the time, on the day and at the place appointed under rule 6.

    (2) A Candidate or not more than one representative duly authorized by him may remain present at the time of counting of votes..

    (3) The whole voting paper shall be treated as invalid, -

    (a) if the elector has failed to write his full name and make his signature on the larger cover in which the smaller cover containing the voting paper is kept;

    (b) if the mark "X'' is placed opposite the names of more candidates than the number of seats to be filled or if more votes are given then he is entitled to under sub-rule (1) of rule 20 ; or

    (c) if the elector has put his signature on the voting paper or has made any other mark thereon which may reveal his identity.

    (4) If the Returning Officer receives more than one voting paper from one smaller cover, or more than one smaller cover in any larger cover, all such voting papers shall be treated as invalid.

    (5) If the mark "X" is s placed as to make it doubtful to which candidate the elector has given his vote, the vote shall be deemed to be invalid, and the voting paper treated as invalid.

    (6) If any elector has given more than one vote to any candidate, only one of such votes given shall be taken to be valid, provided that the voting paper is otherwise not invalid.
     

  23. Declaration of Result of Election -

    (1) When the counting of votes is completed, the Returning Officer shall forthwith declare the candidates of whom the largest number of votes has been given to be elected. If there is an equal number of votes in favour of each of two or more candidates for one vacancy, the selection shall be determined by the Returning Officer by drawing lots.

    (2) The Returning Office shall also inform each successful candidate by letter of his having been elected to the Council and report to the State Government the date of declaration of the election, and the result thereof.

    (3) After the result of the election has been declared by him, the Returning Officer shall seal the voting papers and all other documents relating to the election and shall retain the same with himself in safe custody for a period of six months, and thereafter cause them to be destroyed.
     

  24. Filling of casual vacancy - If there is a vacancy of a number elected under clause (a) of section 19, the President shall, take steps to fill it up as soon as possible by election in accordance with the procedure laid down in rule 4 to 23.

    PART II

    REPRESENTATIVE OF MEMBERS OF MAHARASHTRA MEDICAL COUNCIL
  25. (1) The President shall be notice in writing inform the President of the Maharashtra Medical Council constituted under the Maharashtra Medical Council Act, 1965 (Mah. XLVI of 1965), that the term of office of the member is due to expire on the date specified in the notice, such notice being given not later than sixty days before the expiry of such term. The notice shall be sent by registered post.

    (2) The name of the person elected shall within seven days of the date of election, be communicated by the President of the Maharashtra Medical Council to the State Government, and to the President.



    PART III


    ELECTION OF PRESIDENT AND VICE PRESIDENT
  26. As soon as possible after the President or Vice President, as the case may be, ceases to hold office either because of the expiry of the term of office or for any other reason whatsoever, the Council shall proceed to elect his successor.


    PART IV


    RECORD TO BE MAINTAINED BY REGISTRAR
  27. The Registrar shall maintain an upto-date record book, containing the names of the members elected or nominated on the Council the date of election or nomination of each such member, the terms of his office, and the date of death or resignation, if any, of such member.


    PART V


    TIME LIMIT FOR REFERRING ELECTION DISPUTES
  28. The time limit for referring any dispute arising regarding any election of a member or the President or Vice President to the Sate Government shall be thirty days in the case of elected members from the date of declaration of the result of election and in case of the President or Vice President from the date of their Election.