MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES, NASHIK

DIRECTION NO. 02/2002 :    PROCEDURE OF CONDUCT OF   ELECTIONS TO VARIOUS AUTHORITIES/BODIES OF THE UNIVERSITY.

 

WHEREAS Maharashtra University of Health Sciences Act 1998 ( Maharashtra Act No. X of 1999) has come into force with effect from 3rd June,1998.

 
AND

WHEREAS the University has to hold elections for different authorities / bodies of the University under Sections 23, 26, 28, 32 and 36 of the Act.

 
AND

            WHEREAS conduct of elections is a subject matter of statutes under Section 44 of the Act.

AND

            WHEREAS there are no statutes regarding conduct of elections to Authorities/Bodies of the University in existence

 

AND

WHEREAS necessary statutes are yet to be made ;

 

            Now, therefore, I, Dr. D. G. Dongaonkar, Vice-Chancellor of the University, in exercise of powers conferred upon me under sub Section (8) of Section 16 of the Act, hereby issue the following direction: -

 

1.                        This direction shall be called "Procedure of conduct of elections to various  Authorities/Bodies of the University"

 

2.            This direction shall come in to force with effect from the date of its issuance.

 

3.            The elections to Authorities/Bodies of the University shall be conducted in the manner prescribed in this Direction;

 

3.1    All the elections to the authorities / bodies of the University shall be held in accordance with the provisions of Section 44 of the Act.

 

3.2    Election notifications shall be published in the newspapers. The details of election procedure and electoral rolls etc. will be made available on the University website www.muhsnashik.com. Copies of electoral rolls and Election Direction shall be made available in the University office on  payment prescribed from time to time.

 

3.3    Elections to the authorities and bodies of the University under Sections 23(2) (o), (p),  28(2) (f) and 36(2) (b) of the Act shall be held by ballot at polling centers as fixed and notified by the Registrar after approval of the Vice-Chancellor from time to time.

 

3.4    Elections of the Deans of Faculties under Section 17(2), election of three student's representatives under Section 23 (2) (t), elections of three members of BOS to the respective Faculties under Section 32(5) (c) of the Act and elections of the Chairperson of Boards of Studies under Section 36(4)  of the Act shall be held during the meetings of the said authorities of the University.

 

3.5    The Dean of the Faculty to be elected by the Faculty shall be an approved teacher of the University with not less than ten years teaching experience.

4.0          Election of three members from the Academic Council to the Management Council under Section 26 (1) (viii) of the Act shall be held at the meeting of the Academic Council in accordance with the procedure laid down in this Direction.

 

4.1      For the purpose of the election to the Management Council from Academic Council under Section 26 (1) (viii), the Academic Council shall elect one member from each of the three groups of faculties, in the order given below, to the Management Council.

Group I

 

i)                 Faculty of Medicine

Group II

 

i)                 Faculty of Ayurved and Unani

ii)              Faculty of Allied Health Sciences.

 

Group III

 

i)                 Faculty of Homoeopathy.

ii)                Faculty of Dentistry.

 

A new faculty if any, started in the future shall be added in group I. For every term of the Management Council for a period of five years, three faculties from the three groups shall be represented at a time in the order given above. A faculty, which has already been represented on the Management Council once, shall not be represented again under this Direction unless the remaining faculties have had their turn.

 

5.           Representation of twelve principals of the affiliated Colleges by rotation being two each representing the Mumbai, Pune, Aurangabad, Nagpur, Amravati and Nashik Revenue Divisions of the State, on senate as per Section 23 (2) (n) of the Act ;

 

5.1   For representation of twelve Principals of affiliated colleges by rotation as per the provisions made in Section 23 (2) (n) to the Senate from the six Revenue Divisions, the colleges in respective Regions shall be arranged in terms of their date of establishment, irrespective of the faculty, thus forming six groups as shown in Appendix 'A'. For every term of the Senate, for a period of five years, the first two colleges from each group shall be represented at a time in the order given in the Appendix. A college which has been already represented on the Senate once, shall not be represented again under the Direction unless the remaining colleges have had their turns.

                                                                                                                       

6.      Representation of six professors elected from amongst themselves, being one each from the Mumbai, Pune, Aurangabad, Nagpur, Amravati and Nashik Revenue Divisions of the State as per Section 23 (2) (o) of the Act;

 

6.1        For the purpose of representation of the Professors on the Senate, the Registrar shall prepare and publish a Revenue Division wise electoral roll of the Professors working in affiliated, conducted and autonomous colleges. While preparing the electoral roll of the Professors the names of only such Professors shall be included in the electoral roll who are Professors as defined under section 2(35) of the Act on the date of preparation of the electoral roll .

 

6.2        Objections, if any, in regard to the published electoral roll of the Professors shall be brought to the notice of the Registrar within seven clear days from the date of its publication.

 

6.3        Any person aggrieved by the decision of the Registrar or of an officer/s authorized  by the Registrar for the said purpose, may appeal to the Vice-Chancellor against said decision. The said appeal shall be filed within three clear days to the Vice- Chancellor. The decision of the Vice- Chancellor on the said appeal shall be final.

 

6.4        After the approval of the Vice-Chancellor, the Registrar shall publish the final electoral roll of the Professors and make it available on the University website www.muhsnashik.com.

 

6.5        A copy of the electoral roll shall be made available to all concerned, in the office of the Registrar during office hours and can be purchased from the University on payment prescribed from time to time. A copy of the electoral roll can also be downloaded from the University website www.muhsnashik.com.

6.6        The election shall be held by ballot at polling centers fixed by the Registrar.

 

6.7        The professor representing each of the Revenue Divisions shall be elected by the professors (included in the electoral roll) in that particular Region.

 

7.      Representation of five teachers other than professors by election from amongst themselves to the Senate as per Section 23 (2) (p) of the Act;

 

7.1        For the purpose of representation of the teachers other than professors on the Senate, the Registrar shall prepare and publish a faculty wise electoral roll of the teachers other than professors working in affiliated, conducted and autonomous colleges. While preparing the electoral roll of the teachers the names of only such teachers shall be included in the electoral roll who are teachers as defined in Section 2 (35) of the Act other than professors.

 

7.2        Objections, if any, in regard to the published electoral roll of the teachers other than professors shall be brought to the notice of the Registrar within seven clear days from the date of its publication.

 

7.3           Any person aggrieved by the decision of the Registrar or of an officer/s authorized by the Registrar for the said purpose, may appeal to the Vice-Chancellor against said decision.  The said appeal shall be filed within three clear days to the Vice-Chancellor. The decision of the Vice-Chancellor on the said appeal shall be final.

 

7.4        After the approval of the Vice-Chancellor, the Registrar shall publish the final electoral roll of such teachers on the University website www.muhsnashik.com.

 

7.5        A copy of the electoral roll shall be made available to all concerned, in the office of the Registrar during office hours and can be purchased from the University on payment prescribed from time to time. A copy of the electoral roll can also be downloaded from the University website www.muhsnashik.com.

7.6        The election shall be held by ballot at polling centers fixed by the Registrar. One teacher each representing the faculties of i) Medicine ii) Dentistry iii) Ayurved & Unani iv) Homoeopathy & v) Allied Health Sciences shall be elected by the teachers of that particular Faculty all over the State (included in the electoral roll).

 

8.      Representation of three students' representatives elected from the Colleges of Health Sciences in the State as per Section 23 (2) (t) of the Act ;

8.1    For the purpose of representation of the students representatives on the Senate, the Registrar shall prepare and publish an electoral roll of the students' representatives as contemplated in the Direction No. 23 of 2001 of the University and shall display it on University website www.muhsnashik.com.

 

8.2        The Registrar shall hold the meeting of the student representatives from all the affiliated, conducted and autonomous colleges and recognised institutions in second week of September every year for the purpose of electing three students' representatives to the Senate from amongst themselves. As an exception for this year the election meeting, to elect three representatives will be held before the end of April/ May 2002.

 

8.3        The Registrar shall invite the nominations from the eligible students' representatives, 21 clear days before the date of meeting.

 

8.4        In the notice of election, the Registrar shall mention day and date of scrutiny of nominations, publication of list of valid nomination, day and date of withdrawal of nomination and date of poll and declaration of results.

 

8.5        The election of these representatives to the Senate shall be as per the provision made in Section 44  of the Act and the procedure laid down in this Direction.

9.      Representation of five Principals by election on Academic Council as per Section 28(2) (f) of the Act;

 

9.1    For the purpose of election of five principals of the affiliated, conducted and autonomous colleges, on the Academic Council, the Registrar shall prepare and publish a faculty wise electoral roll of the Principals of all colleges in the state. While preparing the electoral roll of the Principals, the names of only such Principals shall be included in the electoral roll who are Principals/Deans on the date of preparation of electoral roll and who are covered under the definition of Principals/Deans under Section 2 (26) of the Act.

 

9.2    Objections, if any, in regard  to the published electoral roll shall be brought to the notice of the Registrar within seven clear days from the date of its publication.

 

9.3    Any person aggrieved by the decision of the Registrar or of an officer/s authorized  by the Registrar for the said purpose may appeal to the Vice-Chancellor for the said purpose. The said appeal shall be filed within three clear days to the Vice-Chancellor. The decision of the Vice-Chancellor on the said appeal shall be final.

 

9.4         After the approval of the Vice-Chancellor, the Registrar shall prepare the final electoral roll of the Principals/Deans and publish it on the University website www.muhsnashik.com.

 

9.5         A copy of the electoral roll shall be made available in the office of the Registrar during office hours and also on University website www.muhsnashik.com. A copy can be purchased from the University on payment prescribed from time to time.

 

9.6         The election shall be held by ballot at polling centers fixed by the Registrar.

 

9.7         The election shall be faculty wise.

10.    Representation of Six Heads of Departments in colleges by election on Boards of studies as per Section 36 (2) (b) of the Act;

 

10.1    For purposes of election of six Heads of Departments in colleges to the Boards of Studies, the Registrar shall prepare and publish an electoral roll of eligible Heads of Departments to vote in the said election and shall display it on University website www.muhsnashik.com.

 

10.2    Objections, if any, in regard to the published electoral roll shall be brought to the notice of the Registrar within seven clear days from the date of its publication by the University.

 

10.3    Any  person  aggrieved by  the  decision of the Registrar  or an officer/s authorized by the Registrar for the said purpose may appeal to the Vice-Chancellor within three clear days. The decision of the Vice-Chancellor on the said appeal shall be final.

 

10.4    After the approval of the Vice-Chancellor, the Registrar shall prepare the final Board of Studies-wise electoral roll of the Heads of the Departments in colleges  and display it on the University website www.muhsnashik.com.

 

10.5    A copy of the electoral roll shall be made available in the office of the Registrar during office hours and also on the website www.muhsnashik.com. A copy can be purchased from the University on payment prescribed from time to time.

 

10.6    The election shall be held by ballot at Polling Centers fixed by the Registrar in accordance with the procedure laid down in this Direction.

 

10.7    It shall be lawful for the Registrar or any Officer/s authorized to delete the name of a teacher from the electoral roll prepared thereof, if he/she is satisfied that such teacher has been designated as a Head of the Department in violation of the provision of the Direction.  In such an event, Registrar shall include, with the approval of the Vice- Chancellor the name of a teacher in the electoral roll in view of the provision in the Direction.

 

11. Election of Chairperson of the Board of Studies as per Section 36(4) of the Act;

 

The Chairperson of the Board of Studies as per Section 36(4) of the Act shall be elected by the members of the Board from amongst themselves at a meeting. Until the Chairperson is elected, a person nominated by the Vice-Chancellor from amongst the members of the Board, shall preside over the meeting for the purpose of conducting the election. The term of office of the Chairperson shall be co-terminus with those of the elected members.

 

12.  Ballot form

A ballot form (paper or electronic) shall be in the following format:

 

MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES, NASHIK

 

Ballot Form

Election to

 

Name of Candidates

Order of Preference

 

 

 

 

13   Each elector shall have single preferential transferable vote.

 

14   An elector in recording his vote,

i)       must place on his ballot the figure 1 opposite the name of the candidate for whom he/she has first preference in the column of order of preference.

 

ii)      may in addition indicate the order of his choice or preferences for as many other candidates as he wishes by placing against their respective names the figures 2, 3, 4, and so on, in consecutive numerical order.

 

15.    Ballot form is invalid if :

i)                    first preference vote is not recorded in favor of any candidate.

OR

ii)                   first preference vote is recorded in favour of more than one candidate.

OR

iii)                 the figure 1 standing alone, indicating a first preference, and some other figures are placed opposite the name of the same candidate;

OR

iv)                 if it can not be determined for which candidate the first preference of the vote is recorded;

OR

v)                  on a ballot form any mark or writing is placed by the voter by which he/she may be identified;

OR

vi)                 there is any erasure or alteration in the figures indicating the voter’s preferences.

 

16.    Power vested in the Registrar.

 

As per the provisions in the Section 18(9) of the Act, the Registrar shall conduct elections as per the programme approved by the Vice-chancellor and carry out the duties connected with the elections such as declaration of the date/s of election, list of valid candidates, fixing dates of inviting nominations and scrutiny etc.

 

17.     Electoral Roll .

 

17.1     The electoral rolls of persons entitled to vote at an election to the Senate or any other authority/body of the University shall be notified, except when otherwise specified, at least twenty one clear days before the date of election.

 

17.2     Printed copies of the electoral rolls shall be delivered on application to concerned person on payment of such fees as may be prescribed by the University from time to time or the same can be downloaded from the University website www.muhsnashik.com.

 

18.     Notice of Election.

 

Notice of election shall be published in two State level newspapers within the jurisdiction of the University and will be communicated to the Principals/Deans of the affiliated, conducted and autonomous colleges and recognized institutions by    E-mail. The details shall be made available on the University website www.muhsnashik.com. The website shall have detailed notice which will include date of election, last date and time for receiving the nominations, date and time of scrutiny of the nominations, publication of list of valid nominations, date of withdrawal of the nominations, date of  Poll and declaration of result.

 

19.    Rules of Nominations

 

19.1  Subject to the provisions made in various Sections of the Act, in all cases where nominations are invited by the Registrar, any two electors i. e. Proposer and Seconder, entitled to vote, may, after the notice of election is issued, nominate as a candidate any person by delivering at the University Office, a nomination paper. The nomination should be in the prescribed form which will be available in the University office or can be downloaded from the University website www.muhsnashik.com along with deposit amount as may be prescribed which shall stand forfeited if the candidate fails to get votes which are at least 1/6 of the quota determined as per the Direction.

 

19.2   The prescribed nomination papers shall be dated and signed by two electors        i. e. Proposer and Seconder, entitled to vote and by the candidate nominated. No person shall be nominated as a candidate for election unless he is a voter and he signifies his consent under his/her signature and date on the nomination paper. No person shall either propose or second his own nomination.

19.3  A nomination paper, which does not comply with all the requirements herein mentioned above, shall stand invalid and will be rejected.

Provided, when the number of members in a body is not more than three, a member offering for election be not required to be proposed or seconded by any other member of that body as referred to in the Direction.

19.4    After the expiry of time limit prescribed for receipt of nominations on the last date thereof, the Registrar or any person/s nominated by the Registrar shall scrutinize nominations at time and place fixed by the Registrar.

 

i)           The candidate or his/her nominee duly authorized by him/her in writing shall be entitled to be present at the time of the scrutiny.

ii)          After the scrutiny is completed the Registrar shall forthwith report the valid nominations to the Vice- Chancellor.

iii)        In the case of dispute or doubt regarding the validity of a nomination paper, the decision of the Vice- Chancellor shall be final.

19.5   It shall be open to a candidate to withdraw from an election provided that the candidate sends to the Registrar an intimation of withdrawal in writing singed by the candidate and duly attested by Principal/Head of the University Department/recognised Institution/Autonomous Institution. In such case twenty percent of the deposit amount shall be deducted and the rest will be refunded.

19.6     If the number of candidate/s nominated does not exceed the number of vacancies to be filled, the candidate/s nominated shall be declared to have been duly elected after the date and time of withdrawal of nomination is over. In such case, the said meeting, which is called only for the purpose of election, shall stand cancelled and the Registrar shall inform members concerned accordingly.

 

20        Procedure for election at Polling

 

In all cases when an election is to be held wherein votes are to be recorded at polling centers the procedure for recording votes by ballot shall be as under-

20.1 The polling centres shall be fixed by the Registrar and he shall appoint necessary polling officers and the other staff required at the polling centres. Polling Officers shall be empowered to appoint necessary staff drawn from Local Colleges/Institutions;

 

20.2  The voters shall have to come to the polling centre for voting at their own cost;

 

20.3  The hours of the voting at the respective centres of election shall be determined   in advance and stated in the notice of election;

 

20.4 It shall be the responsibility of the Principals/Deans of affiliated/conducted               /autonomous colleges and Heads of the Recognised Institutions to provide all necessary infrastructural facilities including necessary secretarial assistance/ manpower for smooth and timely conduct of the University elections;

 

20.5    The voter shall have to identify himself before the polling officer by producing identity card issued by Principal/PAN card issued by the income tax authorities/identity card issued by the election commission and /or driving licence;

 

20.6  The polling officer shall maintain law & order situation at the polling centres. No person other than a voter shall be allowed to enter the polling centres and polling booths;

 

20.7   No voter shall be allowed to enter the polling booths for casting his vote, before the commencement or after the expiry of the period fixed for the purpose by the Registrar;

 

20.8  Each polling centre shall have such number of booths as the Registrar thinks necessary to enable each voter to exercise his voting right;

 

20.9  Immediately before the polling commences, the polling officers shall show to the candidates or their authorized nominees who would be registered voters present at the Centre that the ballot box (if applicable) is empty and necessary documents will be made in that behalf and then shall be locked and sealed;

 

20.10 Presiding Officer/ Polling Officer shall put his signature at the back of the ballot  paper before it is issued.  The number in the electoral roll of the voter shall be entered on the counterfoil, and the same shall be signed by the voter and a mark shall be placed by the issuing officer in his copy of the electoral roll against the number of the voter to whom the ballot  is issued;

 

20.11 Before the ballot is issued to a voter a mark of indelible ink shall be made on the forefinger of left hand of the voter;

 

20.12 The voter on receiving the ballot shall forthwith proceed to one of the booths where he shall mark and put his ballot into the ballot box (if applicable);

 

20.13 Every voter shall vote without undue delay and shall quit the polling booth and the centre as soon as he  has cast his vote;

 

20.14  If a voter spoils his ballot form inadvertently, he may be given another  and the spoiled ballot and its counterfoil shall be cancelled by the polling officer and shall be sent to the Registrar (if applicable);

 

20.15 Change of polling center to the voter shall not be permitted under any  circumstances;

 

21.    Procedure for election by ballot at a meeting

 

21.1    The duration for voting shall be precisely notified to the voters in the notice of election by the Registrar;

 

21.2    Ballot with the names of persons nominated, printed or recorded thereon, will be furnished at the meeting held for the purpose of the election and the procedure of the election shall not be delayed for want of quorum. All the eligible members present at the meeting shall be entitled to vote in the election. When two or more authorities/bodies are jointly entitled to elect representative and the election takes place at a meeting, a member who is common to two or more authorities/bodies, be entitled to only one vote. The scrutiny of ballot shall be done by Registrar or Finance and Accounts Officer or Controller of Examinations or the person not below the rank of Deputy Registrar nominated by the Registrar and not less than two scrutinizers to be selected by the Chairperson of the meeting from among those present at the meeting;

 

22.          Scrutiny and counting of ballots.

 

22.1    All ballots shall be scrutinized by the Registrar or such other person/s as may be nominated by the Registrar;

 

22.2  The candidate or his nominee who shall be the voter of the particular constituency, duly authorized by him in writing on his behalf shall be entitled to be present at such scrutiny;

 

22.3    After the ballots for an electoral body have been scrutinized and counted, the Registrar or the person/s authorized by the Registrar shall examine the ballots and shall sort them into parcels according to the first preference recorded for each candidate, rejecting invalid ballots;

 

22.4   The Registrar or the person/s authorized by the Registrar shall then count the number of ballots in each parcel and shall credit each candidate with a number of ballots equal to the number of valid ballots on which a first preference has been recorded for such candidate and he shall ascertain the total number of valid ballots and also determine the quota as follows:

                    

                                                      Total  No. of  valid  votes

                      Quota   =    -------------------------------------------------               +  1

                                                      No. of  Candidates to be elected +  1

 

Fraction to be ignored  :  For example if the above quotient is 8.6, then .6 is to be ignored.

 

22.5     If at the end of any count the number of votes credited to a candidate is equal to or greater than the quota the candidate shall thereupon be declared elected.

 

22.6     If at the end of any count, the number of votes credited to a candidate is greater than the quota the surplus shall be transferred, as provided in this Direction, to the continuing candidates for whom the next available preferences have been recorded on the ballots in the parcel or sub-parcel last received by the elected candidate;

 

i)              if more than one candidate has surplus, the largest surplus shall be first dealt with.

ii)      if two or more candidates have each an equal surplus, the surplus of the candidate with the greatest number of votes at the first count at which the candidates in questions have an unequal number of votes shall be first dealt with. When the number of votes credited to such candidates are equal at all counts the Registrar or the person/s authorized by him shall determine by lot which surplus he will first deal with.

 

22.7  The Registrar or the person/s authorized by the Registrar shall not transfer a   surplus, when that surplus together with any other surplus not transferred is less than the difference :-

 

i)            between the votes of the candidate lowest on the poll and the votes of the   next highest candidate.

OR

ii)          between the total of the votes of the two or more candidates, lowest on the poll and the votes of the next highest candidate, provided that the exclusion from the poll of the aforesaid two or more candidates lowest on the poll shall not reduce the number of continuing candidates below the number of vacancies remaining to be filled.

 

22.8   If the votes credited to an elected Candidate consist of original votes only, the Registrar or the person/s authorized by the Registrar shall examine all the ballots  contained in the parcel of the elected candidate whose surplus is to be transferred;

 

i)           if the votes credited to an elected candidate consist of original and transferred votes or transferred votes only, the Registrar or the person/s authorized by the Registrar, shall examine the ballot contained in the sub-parcel last received by the elected candidate whose surplus is to be transferred.

 

ii)     in either case, the Registrar or the person/s authorized by the Registrar shall sort the transferable ballots into sub-parcels according to the next available preferences recorded thereon and  shall make a separate sub-parcel of the non-transferable ballots and shall ascertain the number of ballots in each sub-parcel of transferable ballots.

 

22.9    If the total number of ballots in the sub-parcel of transferable ballots is equal to or less than the surplus then Registrar or the person/s authorized by the Registrar shall transfer the whole of each sub-parcel of transferable ballots to the continuing candidates indicated thereon as the elector's next available preference, and shall set aside as a separate parcel of so many of the non transferable ballots as are not required for the quota of the elected candidate. The particular ballots set aside shall be those last filed in the parcel of non-transferable ballots.

22.10 If the total number of transferable ballots is greater than the surplus, the Registrar or the person/s or authorized by the Registrar shall transfer from each sub-parcel of transferable ballots to the continuing candidate indicated thereon as the elector's next available preference the number of ballots which bears the same proportions to the number of ballots in sub-parcels as the surplus bears to the total number of transferable ballots.

 

22.11 The number of ballots to be transferred from each sub-parcel shall be ascertained by multiplying the number of ballots in the sub-parcel by the surplus and dividing the result by the total number of transferable ballots. A note shall be made of the fractional part, if any, of each number so ascertained.

 

22.12      If, owing to the existence of such fractional parts the number of ballots to be transferred is less than the surplus so many of these fractional parts taken in the order of their magnitude, beginning with the largest, as are necessary to make the total number of ballots to be transferred equal to the surplus shall be reckoned as of the value of unity, and remaining fractional parts shall be ignored.

 

22.13  If two or more fractional parts are of equal magnitude, that fractional part shall be deemed to be the largest which arises from the largest sub-parcel, and if the sub-parcels in question are equal in size, the fractional part credited to the candidate with the greatest number of votes at the first count at which the candidates in question have an unequal number of votes shall be deemed to be the largest. When the number of votes credited to such candidates are equal at all counts, the Registrar or the person/s authorized by the Registrar shall determine by lot which fractional part shall be deemed to be the largest.

 

22.14   The particular ballots transferred from each sub-parcel shall be those last filed in the sub-parcel and each ballot so transferred shall be marked in such a manner asked to indicate the count at which the transfer took place.

 

22.15

i)    If, at the end of any count, no candidate has a surplus or if any existing surplus  need not be   and is not, transferred, and one or more vacancies remain to be filled, the Registrar or the person/s authorized by the Registrar shall exclude from the poll the candidate lowest on the poll.

 

ii)                   If the total of the votes of the two or more candidates lowest on the poll, together with any surplus not transferred, is less than the number of votes credited to the next highest candidates the Registrar or the person/s authorized by the Registrar may at the same count exclude the aforesaid two or more candidates lowest on the poll, provided that the exclusion of these candidates shall not reduce the number of continuing candidates, below the number of vacancies remaining to be filled.

 

iii)                 If, when a candidate has to be excluded, two or more candidates have each the same number of votes and are lowest on the poll, the candidates with the lowest number or votes at the first count at which the candidates in questions have an unequal number of the votes shall be excluded and when the number of votes credited to these candidates are equal at all counts, the Registrar or the person/s authorized by the Registrar shall determine by lot who shall be excluded.

 

iv)        Upon the exclusion of any candidate, the Registrar or the person/s authorized by him save as hereinafter provided, shall examine all the ballots credited to that candidate; shall sort the transferable ballots into sub-parcels according to the next available  preference recorded thereon for continuing candidates, shall transfer each sub-parcel or whom that preference is recorded and shall set aside as separate sub-parcel of the non-transferable ballots.

22.16

 i)   If, at the end of any count, the number of elected candidates is equal to the number of vacancies to be filled, no further transfer of votes shall be made.

 

ii)   If on the exclusion of a candidate or candidates the number of the then continuing candidates is equal to the number of vacancies unfilled, the continuing candidates shall thereon be elected and no further transfer of votes shall be made.

 

22.17  The order of priority of election of elected members shall be the order in  which they are serially elected. If, at the end of any count two or more candidates are elected, the order of priority shall be according to number of votes credited to such candidates.

 

22.18

i)  Whenever any transfer is made, each sub parcel of ballots transferred shall be placed on the top of the parcel, if any, of ballots of the candidate, to whom the transfer is made and that candidate shall be credited with a number of votes equal to the number of ballots transferred to him.

 

ii)  Non-transferable ballots, except such as in the transfer of a surplus may be required for the quota of the elected candidates, shall be set aside as a separate parcel together with any parcel of non-transferable ballots already set aside.

 

iii) On the transfer of the surplus of an elected candidate, all ballots not transferred to continuing candidates and not set aside as provided in the preceding paragraph, shall be placed together in one parcel as the quota of the elected candidate and the parcel shall be marked with the name of the elected candidate.

 

22.19   After the counting is completed, the Registrar or the person/s authorized by the Registrar shall forthwith report to the Vice-Chancellor the result of the counting.

 

22.20 The results of the counting showing for each candidate the number of first preference votes obtained and the successive additions to or subtractions from the total number till the candidate was excluded or elected shall be declared by the Registrar, and the ballots shall be destroyed immediately after a lapse of 30 days from the date of declaration of the result, or in the event of an appeal being submitted against the result to the Chancellor, under the provisions of Section 89 of the Act, immediately after a lapse of thirty days from the receipt of the final ruling of such appeal.

 

22.21 Those who would get elected, would get refund to the tune of 70% of the total amount paid as security deposit after thirty days from the declaration of the result by writing to the Registrar under his signature.

 

23.      Retention of membership.

 

23.1        If any candidate is elected to the Senate or to another authority or body in more than one constituency, he shall give notice in writing signed by him and deliver to the Registrar of the University within seven days of the declaration of the result of the last of such elections, choose which of these constituencies he shall represent, and such choice shall be conclusive.

 

23.2        Provided that the membership of a particular body for which the candidate desires to retain his representation, does not become null and void, in the sense of Section 40 of the Act.

 

23.3       Provided further that in all these matters, if any dispute arises in this regard, the decision of the Vice-Chancellor shall be final.

 

23.4  If the candidate does not make the choice referred to herein within specified period of time, the Vice-Chancellor shall decide which constituency he will represent and his decision shall be final.

 

 

24.  Meaning of "Clear Days"

 

Whenever the expression "Clear days" appears in the above Direction, for the purpose of counting the days, the first and the last day shall be excluded.

 

 

25.   Programme of Elections to the University Senate as per Section 23(2) (o), (p), (t) and for Elections of Academic Council under Section 28 (2) (f), 36 (2) (b) of the Act;

 

           Whenever it is necessary to hold an election of members to the Senate and Academic Council the Registrar shall issue notice in that behalf and he shall circulate the notice by post or electronic media to all the affiliated/conducted /autonomous colleges and recognized institutions on the following contents:-

 

(i)            Date for preliminary publications of electoral roll.

(ii)          Last date for submitting objections to the preliminary electoral roll.

(iii)         Date of publication of final electoral roll.