II-2 Ex. (304)

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2018

[Price: Rs. 1.60 Paise.

No. 304]

CHENNAI, MONDAY, AUGUST 27, 2018

Aavani 11, Vilambi, Thiruvalluvar Aandu-2049

Part II—Section 2

Notiﬁ cations or Orders of interest to a Section of the public

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

[1]

CO-OPERATION, FOOD AND CONSUMER PROTECTION DEPARTMENT

APPOINTMENTS AS FOUR COMMITTEES, CHAIRED BY RETIRED HIGHCOURT JUDGES TO DECIDE

PETITIONS OF OBJECTIONS / OR PETITIONS OF THE COMPLAINTS ON CO-OPERATIVE ELECTIONS.

[G.O. (D). No. 158, Co-operation, Food and Consumer Protection (CJ-1), 27th August 2018,

ÝõE 11, M÷‹H, F¼õœÀõ˜ Ý‡´-2049.]

No. II(2)/CFCP/763(d)/2018.

In pursuance of the orders dated 03-08-2018 of the Hon’ble High Court of Madras in W.P. (MD) No.7620 of 2018 and

Batch of cases the Governor of Tamil Nadu hereby appoints Four Committees, Chaired by Retired High Court Judges, to

decide petitions of objections/ or petitions of the complaints on Co-operative Elections ﬁ led till 03-08-2018 as follows:-

Chairperson

Zone

Head

quarters

Districts

comprising of

Members of the Committee

nominated

District Collector

Additional/Joint

Registrars

(1)

(2)

(3)

(4)

(5)

(6)

Thiru Justice S. Rajeswaran, (Retd.)

West

Coimbatore

Coimbatore,

Nilgris, Erode,

Tiruppur, Salem,

Namakkal, Karur

and Dindigul

1. Coimbatore

Joint Registrar,

Coimbatore

Joint Registrar,

Tiruppur

2. Tiruppur

Thiru Justice K.Venkataraman,

(Retd.)

North

Chennai

Chennai, Tiruvallur,

Vellore,

Krishnagiri,

Dharmapuri,

Villupuram,

Tiruvannamalai

and Kanchipuram

1. Chennai

Additional

Registrar

Chennai

2.Thiruvallur

Joint Registrar,

Thiruvallur

}

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Chairperson

Zone

Head

quarters

Districts

comprising of

Members of the Committee

nominated

District Collector

Additional/Joint

Registrars

(1)

(2)

(3)

(4)

(5)

(6)

Thiru Justice R.S. Ramanathan,

(Retd.)

South

Madurai

Madurai, Tirunelveli,

Kanyakumari,

Thoothukudi,

Ramanathapuram

Virudhunagar,

Sivagangai and

Theni

1. Madurai

Joint Registrar,

Madurai

2. Virudhunagar

Joint Registrar,

Virudhunagar

Thiru Justice G. Rajasuriya, (Retd.)

East

Central

Tiruchirappalli

Tiruchirappalli,

Cuddalore,

Perambalur,

Ariyalur,

Tanjavure,

Pudukottai,

Tiruvarur and

Nagapatinam

1.Tiruchirappalli

Joint Registrar,

Tiruchirappalli

2. Ariyalur

Joint Registrar,

Ariyalur

2. The Terms of reference of the Committees shall be as follows:-

(i) The Committees shall decide objections and / or complaints of wrongful inclusions or omissions in the voters’ lists,

wrongful acceptance, non-acceptance or rejection of nomination papers, wrongful acceptance or rejection of ballot papers

and other disputes with regard to the elections. When deciding disputes with regard to speciﬁ c co-operative societies, the

Chairperson shall co-opt the Joint Registrar of Co-operative Societies and the Collector of the District in which the co-operative

society is located, unless they are already members of the Committee.

(ii) The Committees will look into the complaints of wrongful inclusions and omissions in the voter’s list, if such

disputes have been raised prior to the holding of elections, but not decided and / or wrongfully decided by the Election Ofﬁ cer

concerned. Finding of wrongful omission from or inclusion in the voters’ list if not material will not affect the election. For

example, if one candidate has been excluded, but successful candidates have won with margin exceeding one, the election

will not be affected.

(iii) Only objections and / or complaints with regard to voters’ lists and nominations already made by approaching the Court or

alternatively by approaching the Election Commission and / or Registrar and / or any other appropriate authority shall be entertained

and no new complaints and / or objectors who never raised any objection till the date of the judgment shall be entertained by

the Committees. The Committees shall check if the nomination papers comply with the requisites of Rule 52 of the Tamil Nadu

Co-operative Societies Rules, 1988 and the Circular No. Na.Ka. 321/2018/Co.EI.1, dated 19-07-2018 of the Election Commission.

In particular, the Committee shall look into the following aspects:

(a) If the nomination of a candidate for the election is in Form No.18, and proposed and seconded by two other

members whose names are included in the voters list, and is signed by the candidate, the proposer and the seconder.

(b) If the nomination paper has to be rejected on the ground that it is not signed by the candidate for election, or

it is not signed by two other members whose names are included in the voters’ list, one as the proposer and the other as

the seconder for the nomination. Of course, where there is only one member in the voters list, the nomination need not be

seconded, and where excluding the candidate there are no members in the voters’ list, the nomination need not be either

proposed or seconded.

to the board of such central or apex society to ﬁ ll up the seats reserved for Scheduled Castes and Scheduled Tribes or for

women, a person whose name is not included in the voters’ list, shall also be eligible for being nominated as a candidate.

(d) If the seat is reserved for Scheduled Castes and Scheduled Tribes, whether the candidate seeking election to

such reserved seat had furnished a declaration in the nomination form made by him specifying the caste or tribe to which

he belongs and the area in relation to which that caste or tribe is notiﬁ ed as a Scheduled Caste or Scheduled Tribe of the

State.

(e) Whether there is any contravention of the rule that the candidate may be nominated by more than one nomination

paper, but not exceeding four nomination papers.

(f) Any candidate contesting as a candidate in an election to a single member constituency has signed any

nomination papers as a proposer or seconder.

}

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(g) The Committee may examine if the nomination papers was ﬁ led in time or out of time.

(iv) Objections with regard to voters’ lists may only be raised by an aggrieved voter, whose name has been excluded,

or by a contestant. Similarly, objections with regard to acceptance, non acceptance, withdrawal or rejection of nomination

papers may only be raised by aggrieved contestants, who have ﬁ led and / or intended to ﬁ le nomination papers.

(v) The Committees will go into the complaints of wrongful acceptance, non-acceptance or rejection of nomination papers

only in cases where such complaints have already been made either before the Court or before the Election Commission

or any other authority. The Committees will look into whether nomination papers were ﬁ led within the date stipulated in the

election notiﬁ cation, whether the nominations forms were duly signed by the candidate and by the proposer and the seconder

and whether the nomination form was complete in all respects. The Committees shall verify the nominations having regard

to the requisites of Rule 52 of the Rules read with Circular No.Na.Ka.321/2018/Co.EI.1, dated 19-07-2018 of the Election

Commission. Nomination papers are not to be rejected for frivolous reasons such as discrepancies in signature, if the signatures

are identiﬁ able, afﬁ xing of signature at the wrong place, etc.

(vi) In disputes with regard to polling, counting of votes, etc., the Committees will look into the ballot papers to see if

the votes have validly been cast. However, in the event resolution of the dispute requires detailed evidence, the Committee

shall remit the complainants / objectors to their alternative remedy under Section 90 of the Tamil Nadu Co-operative Societies

Act, 1983 and refer the disputes to the Registrar of the Co-operative Societies, who shall appoint a panel of three Arbitrators

to adjudicate the dispute.

(vii) The Committees will not intervene in those cases where candidates have been elected and / or nominated by

consensus, as no other candidate offered himself / herself for contest and / or withdrew his / her candidature. However, where

nominations are alleged to have been wrongfully rejected or not accepted, it may be necessary to scrutinize the reason.

(viii) Objections / Complaints may be ﬁ led before the Committee within seven days from the date of its constitution,

at the address notiﬁ ed by publication in one vernacular daily having circulation in the District.

(ix) The Committees shall within two weeks from the date of receipt of a certiﬁ ed copy of this order, publish a notice in

a vernacular newspaper having circulation in the concerned zone notifying its constitution and inviting petitions of objection/

complaint within the date and at the address speciﬁ ed in the notice.

(x) Only petitions of objections / complaints in respect of voters’ list and nominations will be entertained, which have

earlier been ﬁ led before the authorities and / or before the High Court by initiation of writ proceedings and / or any other

proceedings”.

(xi) Disputes with regard to the conduct of elections, that is, polling, counting etc., may be raised within ﬁ fteen days

from the date of publication of notice.

GIRIJA VAIDYANATHAN,

Chief Secretary.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU