Elections

(1) (i) Representatives of Medical Colleges/Institutions: (a) The Registrar shall, by notice in writing inform the Registrar of every medical college/institution established by law in the Uttaranchal 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; and likewise, inform the Registrar of every casual vacancy within thirty days of its occurrence: and shall call upon the Head of Institute/Principal to hold the election before the date specified in the notice. The notice shall be sent by registered post. (b) The name of the person elected shall, as soon as possible but not later than seven days after the date of declaration of the result of the election, be communicated by the Registrar of such Medical College/Institution to the Government. (2) Representatives of Registered Medical Practitioner and Preparation of Electoral Rolls: (i) The Registrar shall prepare the electoral roll of the registered medical practitioners from the register of medical practitioners. The electoral roll shall include the names of all practitioners on such date prior to the date of notice published under (iii) below, as may be fixed by the Council for each election. (ii) 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 5(4). (iii) The registrar shall, at the same time issue a notice in the Official Gazette and in at least two prominent newspapers in Form 9 calling upon the registered practitioners 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 this 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. (iv) Any practitioner aggrieved by the decision of the Registrar may, within five days from the date of receipt of the order, prefer an appeal to the President of Uttaranchal Medical Council. (3) Returning Officer: The Registrar shall normally be the Returning Officer. (4) Fixation of stages of election: (a) The Returning officer shall fix the date, hour and place for the following stages of election, namely: (i) receipt of nomination papers (ii) scrutiny of nomination papers (iii) withdrawal of nomination papers (iv) receipt of ballot papers; and (v) counting of votes (b) The date of the receipt of nomination papers shall not be less than forty days before the date fixed for the receipt of ballot papers. The date fixed for scrutiny of nomination papers shall be not less than thirty-five days before the date fixed for receipt of ballot papers. The date fixed for withdrawal of candidature shall be not later than three days after the completion of scrutiny of nomination papers or if that day is a public holiday, the next succeeding day, which is not a public holiday. (5) 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 two newspapers selected by him a notice in Form 10 notifying the dates fixed under rule 5(4) and calling upon the electors to elect new members and send nominations for the purpose. (6) Nomination of Candidates: a. Every registered practitioner whose name appears in the electoral roll prepared under rule 5(2)(a)-(hereinafter referred to as 'the elector' in this Part), shall be qualified for election under this part. b. Candidates qualified for election shall be proposed and seconded by practitioners qualified as electors. c. The nomination papers shall be in Form 11 and the Forms shall be supplied by the Registrar to every candidate on his requisition, either in person or through a representative. d. Every nomination paper duly completed and signed by the proposer and the seconder and subscribed by the candidate himself as consenting to the nomination shall be sent by post or otherwise so as to reach the Returning Officer on or before the date and time appointed under rule 5(4) for receipt of nomination papers. 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. (7) Scrutiny of Nominations: On the date and the time appointed for scrutiny of nomination papers, the candidates and one proposer and seconder of each candidate may attend the proceedings 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 limit fixed for their receipt thereof under rule 5(4). (8) The Returning Officer shall examine the nomination papers and shall decide all objections which may be made before him to any nomination and may, either on such objection or on his own motion, after such summary enquiry, if any, as he may deem to be necessary, reject 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 there-under relating to elections to the council; (c) that the signature of the candidate or his proposer or his seconder is not genuine or has been obtained by fraud, coercion or under influence. (d) that the candidate is disqualified or is not qualified under the Act or these rules for election. (9) Completion of Scrutiny: (a) The scrutiny shall be completed on the day appointed in this behalf and no adjournment of scrutiny shall be allowed. (b) The Returning Officer shall, on the same day, endorse on each nomination paper, his decision as to whether the nomination paper has been accepted or rejected and in case the nomination paper is rejected, shall record the reasons for such rejection. (10) Withdrawal of Candidature: Any candidate may withdraw his candidature within three days of completion of scrutiny of nomination papers by a notice in writing signed by him and delivered by post or hand to the Returning Officer. (11) List of Contesting Candidates: On completion of the scrutiny of the nominations and after the expiry of the period within which a candidate may withdraw his candidature under rule 5(10), the Returning Officer shall forthwith under his signature publish on the notice board at the office of the Council a list of contesting candidates. (12) Procedure of Uncontested Elections: After the publication of list of contesting candidates, if the number of contesting candidates 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 without any votes being taken and report the names of such candidates to the Government. (13) Contested Election: (a) When there are more contesting candidates than the existing vacancies, voting shall be by means of postal ballot, or by personal voting within stipulated time and date. (b) The Returning Officer shall forthwith seek publication of the names and addresses of the contesting candidates in the Official Gazette and the same shall be displayed on the notice board in the office of the council. (14) Printing of Ballot papers: The Returning Officer shall arrange for the printing of ballot papers in Form 12 with the names of the contesting candidates entered in alphabetical order. (15) Dispatch of Ballot papers to Electors: (a) Twenty one days before the date fixed for the receipt of ballot paper under rule 5(4), the Returning officer shall dispatch to every elector by post under certificate of posting: - One ballot paper in Form 12 duly signed by him; - A smaller blank cover with the words "Ballot Paper" printed thereon; and - a large cover addressed to himself in Form 13. (b) The Returning Officer shall make a mark in one copy of the electoral roll against the name of every elector to whom a ballot paper and covers have been dispatched. The marked copy of the electoral roll and the counterfoils of the ballot papers sent shall be sealed in a packet immediately after the date fixed for receipt of ballot papers under rule 5(4). (16) Issue of Duplicate Ballot paper: If any elector has not received his ballot paper and covers or has inadvertently spoilt the ballot paper or lost it, then he may send to the Returning officer at least seven days before the date fixed for receipt of ballot papers under rule 5(4), a declaration to that effect signed by himself and accompanied by spoilt papers, if any, and requesting 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 ballot paper issued. The original ballot issued will be cancelled and will not be taken for counting even on receipt. (17) Delivery of Ballot paper to Elector in person: Any elector whose ballot paper is returned undelivered may apply to the Returning officer in person for such ballot paper before the date fixed for receipt of ballot papers under Rule 5(4) and take delivery of the ballot paper after satisfying the Returning Officer of his identity and giving a receipt. (18) (a) On receipt of the ballot paper, an elector shall record his votes by putting mark (X) in column (3) of the ballot paper against the names of the candidates to whom he wishes to give his votes. The elector shall have as many votes as there are vacancies. At an ordinary or extraordinary meeting, no business or proposition other than the specified in the agenda shall be taken up- provided that the president on his discretion may permit any business or proposition to be discussed which is of an urgent nature and which could not for reasonable grounds be entered in the notice in an ordinary meeting but no such permission shall be granted in case of any extraordinary meeting. (2) Notice for Calling a Meeting: (a) All members of the Council shall be given thirty clear days notice of an ordinary meeting and ten clear days notice of an extraordinary meeting. Every notice shall also be pasted at the Office of the Council. Such notice shall specify the date, time and place of the meeting and state whether the meeting is for general business or for any special business. If the meeting is for special business, the nature of such business shall also be specified in the notice. (b) The Registrar shall send to all members a copy of the agenda and explanatory notes thereon ten clear days before the date fixed for an ordinary meeting. (3) Any member may send a motion to be included in the agenda for an ordinary meeting so as to reach the Registrar twenty clear days before the day fixed for the meeting. The Registrar shall take the orders of the President for inclusion of such motion in the agenda and where any motion is disallowed, the reasons for doing so shall also be communicated along with the agenda to the member who sent the motion, provided that the President may, for reasons to be recorded in writing, accept any motion received after the expiry of the aforesaid period. (4) Attendance of the Meeting: At each meeting an attendance register shall be placed in the meeting room and every member present shall sign against his name in the register. (5) Business to be Transacted at Meetings: At an ordinary or extraordinary meeting, no business or proposition other than those specified in the agenda shall be taken up: provided that the president on his discretion may permit any business or proposition to be discussed which is of urgent nature and which could not for reasonable grounds be entered in the notice in an ordinary meeting but no such permission shall be granted in case of any extraordinary meeting. (6) Adjournment of Meeting: (a) Subject to the provisions of the Act, the presiding authority may, at any time for reasons to be recorded in writing, adjourn the meeting to any future day or to any hour of the same day. (b) Usually a meeting which is adjourned for want of quorum of ten members including the President, shall be re-assembled after half an hour of the same day. (c) When a meeting has been adjourned to a future day, the president may change such day to any other day and the Registrar shall send a written notice of the change to each member of the Council. The Registrar shall, if possible, send a notice of the adjourned meeting if the meeting has been adjourned for some other day due to some unforeseen circumstances, which shall be recorded. (7) Minutes of the Meeting: Minutes of the proceedings of each meeting of the Council shall be kept in a book to be provided for the purpose and shall include the names of the members present and if any member present at the meeting so desires, the names of the members voting respectively for or against any motion shall be included as such in the minutes. This book shall be signed by the President at the next meeting after the minutes are confirmed and shall at all reasonable times, be open for inspection by any member of the Council. Copies of the minutes shall be supplied to every member of the Council within thirty days from the date of the meeting. (8) Circulation of Written Proposition: Whenever it appears necessary to the president to convene a meeting, he may, instead of convening a meeting, circulate a written proposition with the reasons for such proposition for the observation and votes of the members of the Council. (9) Honorarium for Attendance at Meetings: Every member of the Council shall be paid an honorarium of Rs. 500 only for attending a meeting of the Council. This shall be inclusive of any traveling, daily allowance.