The Madhya Pradesh Krishak Sangathan (Nirvachan) Niyam, 1999

(1) The short title of these rules is the Madhya Pradesh Krishak Sangathan Nirvachan Niyam, 1999. (2) These shall come into force from the date of their publication in the "Madhya Pradesh Rajpatra".

In these rules, unless the context otherwise requires- (a) "Act" means the Madhya Pradesh Sinchai Prabandhan Mein Krishakon Ki Bhagidari Adhiniyam, 1999 (No. 23 of 1999); (b) "Competent Authority" means the Competent Authority appointed under Section 21 of the Act; (c) "Candidate" means any person contesting the election; (d) "District Election Officer" means the Collector of the District for the purpose of conducting elections under these rules; (e) "Form" means the forms appended to these rules; (f) "Returning Officer" means any officer appointed by the District Election Officer to conduct the election; (g) "Voter list" means the list prepared under sub-rule (1) of Rule 4 of the Madhya Pradesh Krishak Sangathan Nirvachan Niyam, 1999.

(1) The Commissioner of the Revenue Division appointed under Section 33 of the Act shall be the Divisional Election Authority for the purpose of conducting elections within his jurisdiction. (2) The election of members and President/Chairperson of the Management Committee of the Krishak Sangathan shall be conducted under the supervision, direction, and control of the Divisional Election Authority. (3) The District Collector shall be the District Election Authority. The duties of the Divisional Election Authority under these rules may also be performed by the District Election Authority within his jurisdiction, as authorized by the Divisional Election Authority. (4) The Additional Collector of the district shall be the Additional District Election Authority. In the district, the Tehsildar or Sub-Divisional Officer (Revenue), as the case may be, shall be the Deputy District Election Authority. (5) The Additional District Election Authority and the Deputy District Election Authority shall perform such duties as assigned to them by the District Election Authority. The District Election Authority may, in writing, authorize the District Election Officer or the Deputy District Election Authority to exercise any of the powers vested in him under these rules in any local area of the district regarding the Water Users Association, Distributary Committee, or Project Committee of that area.

Subject to the general superintendence, direction, and control of the Divisional Election Authority, the District Election Authority shall be responsible for the conduct, coordination, and supervision of all tasks related to the conduct of elections for members of the Management Committee, President of the Water Users Association and Distributary Committee, and the Chairperson and members of the Management Committee of the Project Committee.

For filling the places of members of the Management Committee and President of the Water Users Association and Distributary Committee, and for each election to the post of Chairperson and member of the Management Committee of the Project Committee, the District Election Authority shall, by order, designate or nominate an officer as the Returning Officer, who shall, as far as possible, be a gazetted officer of the State Government or an officer of any local authority who is not of a rank lower than that of a Tehsildar.

The District Election Authority may appoint one or more persons as Assistant Returning Officer to assist any Returning Officer: Provided that every such person shall be an officer of the State Government or any local authority.

Subject to the control of the Returning Officer, every Assistant Returning Officer shall be competent to perform all or any of the duties of the Returning Officer.

In any election, it shall be the general duty of the Returning Officer to do all such acts and things as may be necessary for the conduct of the election in the manner provided under the Act and the rules made or orders issued thereunder.

Subject to such directions as may be issued by the Divisional Election Authority, the District Election Authority shall make available as many polling stations as are necessary for the conduct of elections and shall publish a list in such manner as the Election Officer may direct, indicating the polling stations and the areas or groups of voters for which they have been respectively made available.

(1) The District Election Authority or any other officer authorized by him shall appoint a Presiding Officer for each polling station and such other polling officers as he deems necessary, but he shall not appoint any person who has been appointed by or on behalf of a candidate in relation to the election or who is otherwise working for the candidate: Provided that if any polling officer remains absent, the Presiding Officer may appoint any person present at the polling station, other than a person employed by or on behalf of the candidate or working otherwise in relation to the election, as a polling officer and shall inform the Returning Officer accordingly. Provided further that any polling personnel appointed to conduct polling for members and President of the Management Committee of the Water Users Association or any other officer duly authorized by him under this rule can also conduct polling for any other election post which is to be conducted simultaneously. (2) Every polling officer shall, if so directed by the Presiding Officer, perform all or any of the duties of the Presiding Officer under these rules. (3) If any Presiding Officer is absent from the polling station due to illness or unavoidable reasons, his duties shall be performed by such polling officer as has been authorized by the Returning Officer to perform the duties during such absence. (4) It shall be the general duty of the Presiding Officer to maintain public order at the polling station and ensure that the polling is conducted fairly.

(1) After the commencement of the Act and upon the expiry of the term of the Water Users Association or upon the post falling vacant due to death, resignation, or recall, a general election shall be held for the purpose of constituting the Water Users Association. (2) For the purpose of sub-rule (1), the Divisional Election Authority, subject to such directions as may be issued by the State Government in compliance with and consistent with the provisions of this Act, shall publish a notice in Form 1 for the conduct of the election of members and President of the Management Committee of the Water Users Association, in accordance with the provisions of the Act and the rules made thereunder and orders issued. (3) The list of defaulters shall be displayed 15 days in advance of the date of publication of the notice in Form 1. Explanation: 'Defaulter' means a person who has not paid the dues payable by him under the Madhya Pradesh Irrigation Act, 1931 (No. 3 of 1931) for a period of 3 years or more. (4) Upon the issuance of notice under sub-rule (2), the Returning Officer shall give public notice in Hindi in Form 2 for the election of the Water Users Association, which shall be published in such places and in such manner as the Returning Officer may direct. (5) The dates fixed for various stages of the election shall be subject to the following: (a) The last date for filing nomination papers shall not be earlier than four days and not later than ten days after the publication of the notice specified in sub-rule (2), regardless of whether it is a public holiday or not; (b) The date of scrutiny of nomination papers shall be the day immediately following the last date for filing nomination papers, regardless of whether it is a public holiday or not.