STATUTE No. 23
ELECTION OF REGISTERED GRADUATES TO THE COURT
(Refer explanation (iv) (c) under section 20(1))

  1.     This statute may be called the Election of Registered Graduates to the court.

Definition
  2.     In this statute-
     (1)     "Continuing candidates" means the candidates not elected or not excluded from the poll at any given time,
     (2)     "Count" means and includes-
             (a) all operations of first preferences counting, or
             (b) transfer of surplus of an elected candidate, or
             (c) transfer of the total values of votes of an excluded candidate,
     (3)     "First preference" means the figure I set opposite the names of a candidate. "Second Preference" means the
                figure II set opposite the name of a candidate; "Third Preference" means the figure III set opposite the name
               of a candidate and so on.
      (4)     "Unexhausted papers" means voting paper on which a further preference is recorded for a continuing candidate,
      (5)     "Exhausted papers" means a voting paper on which no further preference is recorded for a continuing candidate,
               provided that a paper shall also be deemed to be exhausted whenever-
                   (a) the names of two or more candidates, whether continuing or not are marked with the same figure and are
                         next in order of  preference, or
                   (b) the name of the candidate next in order of preference whether continuing or not is marked by a figure not
                        following consecutively after some other figure on the voting paper or by two or more figures.
       (6)    "Original votes" in regard to any candidate means the votes derived from voting papers on which a first preference
                is recorded for such candidate,
       (7)     "Transferred votes in" regard to any candidate means votes the value or part of the value of which is credited to
                  such candidate and which are derived from voting papers on which a second or subsequent preference is recorded
                  for such candidate.
      (8)     "Surplus" means the number by which the value of the votes of any candidate, original and transferred exceeds
                 the quota.
        (9)      "Registrar" of the University also means the Returning officer for the election and the presiding officer for the
                   poll.  
       (10)      "Attesting officer" means any of the following persons, not being a candidate for the election, viz.:
                 (i) A statutory officer of the University.
                 (ii) A principal of a college.
                 (iii) A Professor or College Professor or Reader or Assistant Professor in any teaching department of college.
                 (iv) A Magistrate.
                 (v) A Gazetted officer of state of Madhya Pradesh or the Central Government.
                 (vi) A member of Madhya Pradesh Vidhan Sabha or the Parliament.
        (11)     "Sealed" means sealed with sealing wax.

  Manner of Election
  3.     The election of representatives on the court by the registered graduates of the University from amongst themselves
           under item (xix) of sub-section (1) of section 20 of the Adhiniyam shall be in accordance with the system of
          proportional representation by means of single transferable vote.

  Elections
  4.     (a) Every person who is a registered or re-registered graduate at least ninety days prior to the date of election fixed
               by a notice issued under paragraph 5 shall be qualified to stand as a candidate for and vote at the election of
               representatives of registered graduates on the court under item (xix) of sub-section (1) of section 20 of the
               Adhiniyam.
        (b) No salaried employee of any University or any college within the state shall be eligible for the election as laid
             down in the explanation to sub-section (1) of section 20 of the Adhiniyan.

  Nominations and fixing of programmes
  5.     Whenever it is necessary to hold election of representatives of registered graduates on the court the Registrar shall by
           notice published by affixing a copy thereof on the office Notice Board of the University and in such newspapers, as
           the Kulpati may direct-
             (i)  declare the last date for registration, re-registration as Registered Graduate which would entitle a person to
                  stand as a candidate for and vote at the election such last date being ninety days prior to the date of election.
             (ii) call upon the Registered Graduates who are registered or registered on or before the last day fixed in (i) above
                  to elect members to the court specifying the number of members to be elected.
             (iii) fix the last date of receipt of nominations, such last date being the forty-fifth date after the date of publication of
                  the notice.
             (iv) fix the date and time for scrutiny of nominations which shall be the fifth day after the last date for receipt of
                   nominations.
             (v) fix the last date and time for the withdrawal of candidature which shall be tenth day after the date for the scrutiny
                  of nomination.
             (vi) fix the place date and hours for poll for voters.
             (vii) Deleted by Coordination on 1.7.87.
             (viii) Deleted by Coordination on 1.7.87.
             (ix) fix the place, date and hour for counting the ballot papers which shall not be later than two days after the date
                  of   poll.     

N.B.:-     (a) The last date under (i) shall ordinary be a working day.
                (b) If the day to be fixed under any of the clauses above except (i) is a holiday the immediately succeeding day
                     which is not a holiday shall be fixed for the purpose.

  Availability of Nomination Forms
  6.  Nomination form in Form A appended to this statute may be obtained from the University office during the office hours
      on any working day after the issue of notice under paragraph 5.

  Filing of Nomination Forms.
  7.  On or before the date appointed under clause (iii) of paragraph 5, such candidate shall-
         (i) either in person or by his proposer or seconder, between offices hours, deliver in a sealed cover marked "Nomination
             paper" to the Registrar or his nominee, a nomination paper completed in Form A appended hereto and signed by the
            candidate and by two electors as proposer and seconder; and duly attested, or
        (ii) send by registered post in a sealed cover marked "Nomination paper" to the Registrar or his nominee a nomination
            paper completed in Form A appended hereto and signed by the candidate and by two electors as proposer and
             seconder; and duly attested.

8.   Each candidate shall be nominated by separate nomination paper and not more than one nomination paper shall be
    delivered or sent in one cover.

9. On receipt of nomination paper the Registrar or his nominee receiving the same shall enter on the time and date of receipt 
    of the paper and shall initial the entry Nomination papers not received during office hours on or before the date fixed          
    under clause (iii) of paragraph 5 shall be treated as rejected.

  Scrutiny of Nomination Papers
10. On the date and time fixed for scrutiny of nominations under clause (iv) of paragraph 5 the candidates, their proposers or
      seconders but no other person may attend at such time in the office of the Registrar as the Registrar may have fixed and
      the Registrar shall give them all reasonable facilities for examining the nomination paper of all candidate which have been
      received by him within the time and in the manner laid down in paragraph 7.

  Rejection of Nomination paper
11. (1) The Registrar shall then examine the nomination paper and shall decide all objections, which may be made to any
            nomination, and may either on such objections, or on his own motion after such summary enquiry if any, as he thinks
           necessary, reject any nomination on any of the following grounds:
               (a) that the candidate is not qualified or is disqualified for being chosen to fill the seat under any of the provisions of
                    the Adhiniyam and the Statutes made thereunder.
               (b) that there has been a failure to comply with any of the provisions of paragraphs 7 and 8.
               (c) that the signature of the candidate or proposer or seconder on the nomination paper is not genuine.
               (d) that the cover containing the nomination paper is not sealed.
       (2) Nothing contained in sub-clause (b) or (c) of clause (1) shall be deemed to authorise the rejection of the nomination
            of any candidate on the ground of irregularity in respect of a nomination paper, if the candidate has been
           duly nominated by means of another nomination paper in respect of which no irregularity has been committed.
       (3) The Registrar shall endorse on each nomination paper his decision accepting or rejecting the same and, if the
             nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection. The decision
             of  the Registrar shall be final.

  List of Validly Nominated Candidates
(4)     Immediately after all the nomination papers have been scrutinised and the decision of accepting or rejecting the same
          have been recorded, the Registrar shall prepare a list of validly nominated candidates, that is to say. Candidates whose
          nominations have been found valid and affix it on his office notice board. This list shall contain the names in alphabetical
         order and the addresses of contesting candidates as given in the nomination papers.

  Withdrawal of Candidature
12.    (1)      Any candidate may withdraw his candidature by a notice in writing duly signed by him and delivered to the
                   Registrar or his nominee either by such candidate in person or his proposer or seconder, during office hours on
                  or before the date fixed for withdrawal under clause (v) of paragraph 5.
          (2)     No person who has given a notice of withdrawal of his candidature under clause (1) above, shall be allowed to
                   cancel the notice. The Registrar shall on receiving notice of withdrawal under clause (1), as soon as may be                      thereafter, cause a notice of the withdrawal to be affixed on his office notice board.

  List of Contesting Candidates
13. (1)     Immediately after the expiry of the period within which candidatures may be withdrawn under clause (v) of
               paragraph 5, the Registrar shall prepare and affix on his office Notice Board a list of contesting candidates who
               are included in the list of validly nominated candidates and who have not withdrawn their candidature within the
               said period.

      (2)     The said list shall contain the names in alphabetical order and the addresses of the contesting candidates as given
               in the nomination papers.

14. (1)     If the number of contesting candidates is equal to the number of seats to be filled. The Registrar shall forthwith
               declare all such candidates to be duly elected to fill those seats.
     (2)     If the number of contesting candidates is less than number of seats to be filled, the Registrar shall forthwith declare
              all such candidates to be elected. The remaining seats shall remain unfilled till the next constitution of the court.
    (3)     If the number of contesting candidates is more than the number of seats to be filled, voting shall take place in the
             manner hereinafter provided.

   Mention of names of candidates on ballot paper
15.     The names of candidates shall be printed on the ballot paper in the same order as in the list of validly nominated
          candidates affixed on the University office notice board under paragraph 13.

VOTING

   Method of casting vote
16.     (a)     All voters shall record their votes in person by poll to be taken as hereinafter prescribed.
          (b)     Deleted by Coordination committee on 1.7.87.

   Voting by Post
17. Deleted by coordination committee on 1.7.87.
18. Deleted by coordination committee on 1.7.87.
19. Deleted by coordination committee on 1.7.87.
20. Deleted by coordination committee on 1.7.87.
21. Deleted by coordination committee on 1.7.87.

THE POLL

   Returning Officer
22.     The Registrar shall be the returning officer for the election and Presiding officer for the poll. The Kulpati shall fix the             
          hours during which the poll will be taken and the hours so fixed shall be published in the notice to be issued under  
          paragraph 5. Display of list of Contesting Candidates
23.    Out-side the polling station there shall be displayed on the notice board a copy of the list of the contesting candidates
         prepared under paragraph 13.
24.     Every ballot box shall be of such design as may be approved by the Kulpati.
25.     At the polling station there shall be set up one or more voting compartments in which electors can record their votes
          screened from observation.
26.     At the polling station a sufficient number of ballot boxes, copies of the electoral roll and ballot papers will be provided.
          Regulating the entry of electors at the polling station
27.     The presiding officer shall regulate the number of electors to be admitted at any one time inside the polling station and
          shall exclude there from all persons other than the polling officers. Candidates and their election agents (one polling
         agent of each candidate). Appointment of Polling Agent
28.     The appointment of a Polling Agent shall be made in Form E and shall be made over to the polling Agent for producing
          at the polling station or the place fixed for the poll. 
29.     (1)     Immediately before the commencement of the poll the Presiding officer shall demonstrate to the polling agents and
                   other persons present that the ballot box is empty, and
          (2)     The ballot box shall then be closed, sealed, and secured and placed in full view of the presiding officer and the
                    polling agents, the ballot box will however, he sealed in such a manner that the slit for the insertion of the ballot
                    paper therein remains open.

Identification of Electors.
30.     (1)     The presiding officer may employ at the polling station such persons as he thinks fit to help in the identification of                      the electors or to assist him otherwise in taking the poll.
           (2)      As each elector enters the polling station, the presiding officer or the polling officer authorised by him in this
                     behalf, shall check the elector's name and other particulars with the relevant entry in the electoral roll, registration
                      number and the name of the elector.
            (3)     In deciding the right of a person to obtain a ballot paper the presiding officer or the polling officer as the case
                      may be, shall overlook merely clerical or printing errors in any entry in the electoral and if he is satisfied that such
                      person is identical with the elector to whom such entry relates.
            (4)     "Each Registered Graduates shall be issued an identity card by the Registrar on payment of appropriate fee to be
                      determined by the Executive Council from time to time. This card will have affixed on it the photograph of the
                      Registered Graduate, duly attested by the Registrar.

   Issue of Ballot paper to electors at the place of poll
31.     At the time of issuing a ballot paper to an elector at the place of poll the polling officer shall obtain the signature of the
          elector on the counterfoil of the Ballot paper. The ballot paper to be used at the poll shall be of a different colour than             one used for postal ballot.

   Voting Procedure at the place of poll
32.     The elector on receiving the ballot paper shall forthwith-
            (a) proceed to the voting compartment.
            (b) there make the marks on the ballot paper as provided in Ballot Paper and fold the ballot paper so as to conceal his
                  vote.
            (c) insert the folded ballot paper into the ballot box and quit the polling station.

   Closing the Poll.
33.     The presiding officer shall close the polling station at the hour fixed in that behalf under paragraph 5 and shall not             
          thereafter admit any elector into the polling station.
34.     As soon as practicable after the closing of the poll the presiding officer shall close the slit of the ballot box, seal it up and            also allow any polling agent present to affix his seal. The ballot box shall thereafter be sealed and secured.

   Counting of votes
35.     The counting of votes will be done by the Returning Officer at the place, date and time fixed under paragraph 5.

   Counting to be conducted in presence of committee
36.    The counting shall be conducted in the presence of a committee of three persons appointed by the Kulpati. However,
         the candidate or his agent will have the right to be present at the time of counting, providing that by their presence, in
         the opinion of the Returning Officer, no disturbance is caused in the counting.
37.     Deleted by coordination committee on 1.7.87.

   Rejection of ballot papers.
38.     The returning officer shall scrutinize the Ballot papers. He shall reject a ballot paper:
        (a) on which figure I is not marked, or
        (b) on which the figure I is set opposite the name of more than one candidate or is so placed as to render it doubtful to
             which candidate the preference is intended to apply, or
        (c) on which figure I and some other figure or figures are set opposite the name of the same candidate, or
        (d) if it is unmarked or void for uncertainty, or
        (e) if it is signed by the elector.
39.     Deleted by coordination committee on 1.7.87.

   Counting procedure
40.     All ballot papers rejected will be kept separately and the remaining ballot papers will be divided into parcels according
         to the first preference recorded for each candidate. The Returning Officer shall then count the number of papers in
          each parcel.
41.     In carrying out the provision of paragraphs hereinafter appearing the returning officer shall-
            (a) disregard all fractions.
            (b) ignore all preferences recorded for candidates already elected or excluded from the poll.
42.     For the purpose of facilitating the processes prescribed by the paragrah hereinafter contained, each valid ballot paper
          shall be deemed to be of the value of one hundred.
43.     The Registrar shall add together the values of the papers in all parcels and divide the total by a number exceeding by              one the number of vacancies to be filled. The result increased by one shall be number sufficient to secure the return of a            candidate, hereinafter called the quota.

   Candidates with quota declared elected
44.     If at time a number of candidates equal to the number of persons to be elected has obtained the quota, such candidates
          shall be treated as elected and no further steps shall be taken.

   Transfer of surplus
45.     (1)  Any candidate the value of whose parcel, on the first preference being counted, is equal to or greater than the quota,
                shall be declared elected.
          (2)   If the value of the papers in any such parcel is equal to the quota the papers shall be set aside as finally dealt
                 with.           
          (3)    If the value of the papers in any such parcel is greater than the quota, the surplus shall be transferred to the
                  continuing candidates indicated on the ballot papers as next in the order of the voter's preference, in the manner
                  with prescribed in the following paragraph.
46.      (1)     If and whenever, as the result of any operation prescribed by this paragraph, a candidate has a surplus, the
                   surplus shall be transferred in accordance with the provision of this paragraph.
           (2)    If more than candidate has a surplus the largest surplus shall be dealt with first and the others in order of
                   magnitude, provided that every surplus arising on the first count of votes be dealt with before those arising on the
                   second count, and so on.
            (3)   Where two or more surpluses are equal, the Registrar shall decide, as hereinafter provided in paragraph 51
                    which shall be dealt with first.
            (4)      (a)     If the surplus of any candidate to be transferred arises from original votes only, the Registrar shall examine
                               all the papers in the parcel belonging to the candidate whose surplus is to be transferred and divide the
                               unexhausted papers into sub-parcels according to the next preferences recorded thereon. He shall also                                 make a separate sub-parcel of the exhausted papers.
                      (b)      He shall ascertain the value of the papers in each sub-parcel and of the unexhausted papers.
                      (c)      If the value of the unexhausted papers equal to or less than the surplus he shall transfer all the unexhausted
                                papers at the value at which they were received by the candidate whose surplus is being transferred.
                      (d)      If the value of the unexhausted papers is greater than the surplus, he shall transfer the sub-parcel of
                                 unexhausted papers and the value at which each paper shall be transferred shall be ascertained by dividing
                                 the surplus by the total number of unexhausted papers.
            (5)      If the surplus of any candidate to be transferred arises from transferred as well as original votes, the Registrar
                      shall re-examine all the papers in the sub-parcel last transferred to the candidate and divide the unexhausted
                      papers into sub-parcels to the next preference recorded thereon. He shall thereupon deal with the sub-parcels
                      in the same manner as is provided in the case of the sub-parcels referred to in clause (4).
             (6)      The papers transferred to each candidate shall be added in the form of the sub-parcel to the papers already
                        belonging to such candidate
              (7)      All papers in the parcel or sub-parcel of an elected candidate not transferred under this paragraph shall be set
                       aside as finally dealt with.       

   Exclusion from poll.
47.     (1)  If after all the surpluses have been transferred as hereinbefore directed less than the number of candidates required
                has been elected, the Registrar shall exclude from the poll the candidate lowest on the poll and shall distribute his
                 unexhausted papers among the continuing candidates according to the next preference recorded thereon. Any
                 exhausted papers shall be set aside as finally dealt with.
           (2) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of each
                 paper being one hundred.
           (3) The papers containing transferred votes of an excluded candidate shall then be transferred in the order of the
                 transfer in which and at the value at which he obtained them.
            (4) Each of such transfers shall be deemed to be a separate transfer but not a separate count.
            (5) The process directed by this paragraph shall be repeated on the successive exclusions one after another of the
                 candidate lowest on the poll, until the last vacancy is filled either by the election of a candidate within the quota or as
                 hereinafter provided.
48.     If as the result of transfer of papers under the statute, the value of the votes obtained by a candidate is equal to or            
         greater than the quota, the transfer than proceeding shall be completed but not further papers shall be transferred to him.

   Declaration of Elected candidates.
49.     (1)     If, after the completion of any transfer under this statute, the value of the votes of any candidate be equal to or
                   greater than the quota, he shall be declared elected.
          (2)      If the value of the votes of any such candidate be equal to the quota, the whole of the papers on which votes are
                     recorded shall be set aside as finally dealt with.
           (3)      If the value of votes of any such candidate be greater than the quota, his surplus shall thereupon be distributed in
                      the manner hereinbefore, provided before the exclusion of any other candidate.

50.     (1)     When the number of continuing candidate is reduced to the number of vacancies remaining unfilled, the continuing
                    candidates shall be declared elected.
          (2)      When only one vacancy remains unfilled and the value of the votes of some one continuing candidate exceeds the
                     total value of all the votes of the other continuing candidates, together with any surplus not transferred, that
                    candidate shall be declared elected.
           (3)      When only one vacancy remains unfilled and there are only two continuing candidates, and those two candidates
                      have each the same value of votes and no surplus remains capable of transfer, one candidate shall be declared
                      excluded under the next succeeding paragraph, and the other declared elected.

    Lot to be drawn for exclusion in case.
51.     If when there is more than one surplus to distribute two or more surpluses are equal, or if at any time it becomes    
         necessary to exclude a candidate and two or more candidates have the same value of votes and are lowest on the poll,
          regard shall be had to the original votes of each candidate, and the candidate for whom fewest original votes are recorded
          shall have his surplus first distributed or shall be first excluded, as the case may be. If the values of their original votes are
          equal the Registrar shall decide by lot which candidate shall have his surplus distributed or be excluded.

   Re-Counting
52.     (1)     Any candidate or, in his absence, his polling Agent may at any time during the counting of the votes, either before
                   the commencement or after the completion of any transfer of votes (whether surplus or otherwise) requests the
                   Registrar to re-examine and re-count the papers of all or any candidate (not being papers set aside at any previous                      transfer as finally dealt with) and the Registrar shall forthwith re-examine and re-count the same accordingly.
            (2)     The Registrar in his discretion may recount the votes either once or more than once in any case in which he is not
                     satisfied as to the accuracy of any previous count. Provided that nothing in this sub-para shall make it obligatory
                     on the Registrar to re-count the same votes more than once.

MISCELLANEOUS

   Election petition
53.     An election petition against any returned candidate may be presented to the Kulpati by any candidate or elector or his
          agent authorised in that behalf within fifteen days from the date of the publication of the result of the election on the           
          Notice Board of the University. The Kulpati's order on the petition shall be final.
54.     Deleted by Coordination committee on 1.7.87.
55.     If any question arises as to the interpretation of this statute it shall be referred to the Kulpati for decision.

 

FORM "A"
NOMINATION PAPER

             (For election to the court of ………….. University …………. as a representative of Registered Graduates under
section 20 (1) (xix) of the Adhiniyam)
Name of the candidate in full. ……………………………
Registration No. of the candidate ……………………………
Address of the candidate ……………………………
____________________________________________________________________________        
      I propose the name of Shri …………………………… Registration No. …………………………… to be a candidate
for election to the court from among the Registered Graduates.
                Name of the proposer in full ……………………………
                Registration No. of the proposer ……………………………
                                                                                                             Signature of Proposer
Date ……………………………                                          Address ……………………………

______________________________________________________________________________

         I second the above proposal.
                 Name of the seconder in full ………………………………………………… Registration No. of the seconder
   …………………………………………………….                              
                                                                                                                           Signature of Seconder
Date ……………………………                                                    Address ……………………………

Consent of the candidate

                                 I hereby give my consent to the above nomination and agree to stand for the election mentioned by the    
   proposer.
                                 I affirm that as laid down in the explanation to sub-section (1) of section 20. I am not salaried employee
  of any University or any college within the state.
  Date ……………………………                                                                     ……………………………
                                                                                                                        Signature of the candidate
                                                                                                                        ……………………………
                                                                                               Name in Block letters ……………………………
                                                                                              Registration No. …………………………….......
                                                                                              Address ……………………………....................

________________________________________________________________________

Certificate

   Certified that the proposer, seconder and the candidate have signed in my presence.
   Date ……………………………
                                                                                                                        Signature of the attesting officer

                                                                                           Address of attesting officer

                                                                                 Name in block letters

                                                               Designation

___________________________________________________________________________

Note:
    1. Each candidate shall be nominated by a separate nomination paper.
               2. Not more than one nomination paper shall be sent in one cover.
               3. Nomination paper should be delivered in a sealed cover to the Registrar or his nominee personally or by registered
                  post.
               4. Every elector is entitled to nominate as many candidates as there are vacancies.

 

Form "B"

Ballot Paper

Serial Number Registration No. of the Candidate in the Register of Registered Graduates Name of Candidate Order of Preference in the Vote
   

 

 

 

 

 

   

(1)      Every elector shall have as many preferences as there are vacancies to be filled.

(2)     An elector in giving his vote -
(a)    shall place on his ballot paper the figure I in the space opposite the name of the candidate whom he chooses to give first           preference; and
(b)    may, in addition, mark as many subsequent preferences as he wishes by placing on his ballot paper the figures II, III, IV,
         and so on in the spaces opposite the names of other candidates in order of preference.

Both Form C and d are the covers meant for Postal Ballots
Deleted

 

Form "E"
Appointment of polling agent

                 Election of Representatives of registered graduates of the court under item (xix) of section 20 (1) of the Adhiniyam.                                  I …………….. (here state the name of the candidate and registration number), who is a candidate at the
                above election do hereby appoint-
               Shri/Smt ……………………….. of ……………………….. as a polling agent to attend the polling station/ the
               place fixed for the poll of the above election.
    Place ……………………….                                                                             . ………………………..                                       
    Date ………………………..                                                                          Signature of the candidate

   I agree to act as such polling agent.
   Place ………………………..                                                                            ………………………..
   Date ………………………..                                                                         Signature of the polling agent
                                                                     Name in block letters …..………………………..

                             Declaration of polling agent to be signed before the presiding officer.

                 I hereby declare that at the above election I will not do anything forbidden by statute No. ………………………..
election of Registered Graduates to the court, which I have read-
  Date ………………………..                                                                                         ……………………………..                                                                                                                                          Signature of the polling agent
  Signature before me                                                                                                        ……………………………..
                                                                                                                                     Name in block letters
  Place ………………………..                                                                                     ……………………………..
                                                                                                                                    Signature of the presiding officer