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.
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-
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
II set opposite the name of a candidate; "Third Preference" means the figure III
set opposite the name
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
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
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
(6) "Original votes" in
regard to any candidate means the votes derived from voting papers on which a first
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
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
"Registrar" of the University also means the Returning officer for the election
and the presiding officer for the
officer" means any of the following persons, not being a candidate for the election,
(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.
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.
4. (a) Every person who is a registered or
re-registered graduate at least ninety days prior to the date of election fixed
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
(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-
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
(iv) fix the date
and time for scrutiny of nominations which shall be the fifth day after the last date for
(v) fix the last
date and time for the withdrawal of candidature which shall be tenth day after the date
for the scrutiny
(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
N.B.:- (a) The last date under (i) shall
ordinary be a working day.
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
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
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
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
necessary, reject any
nomination on any of the following grounds:
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.
that there has been a failure to comply with any of the provisions of paragraphs 7 and 8.
the signature of the candidate or proposer or seconder on the nomination paper is not
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
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
or before the date fixed for withdrawal under clause (v) of paragraph 5.
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
included in the list of validly nominated candidates and who have not withdrawn their
candidature within the
(2) The said list shall contain the
names in alphabetical order and the addresses of the contesting candidates as given
14. (1) If the number of contesting candidates is equal to the
number of seats to be filled. The Registrar shall forthwith
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
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
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.
Method of casting vote
16. (a) All voters shall record
their votes in person by poll to be taken as hereinafter prescribed.
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.
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
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
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
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
present that the ballot box is empty, and
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.
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.
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.
"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
(a) proceed to the
(b) there make the
marks on the ballot paper as provided in Ballot Paper and fold the ballot paper so as to
(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
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,
(e) if it is signed by the elector.
39. Deleted by coordination committee on 1.7.87.
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
41. In carrying out the provision of paragraphs hereinafter
appearing the returning officer shall-
(a) disregard all
(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
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
(3) If the value of
the papers in any such parcel is greater than the quota, the surplus shall be transferred
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
provided that every surplus arising on the first count of votes be dealt with before those
arising on the
second count, and so on.
two or more surpluses are equal, the Registrar shall decide, as hereinafter provided in
which shall be dealt with first.
(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
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
(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.
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
The papers transferred to each candidate shall be added in the
form of the sub-parcel to the papers already
belonging to such candidate
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
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
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.
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
total value of all the votes of the other continuing candidates, together with any surplus
not transferred, that
candidate shall be declared elected.
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.
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.
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.
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
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.
to the court of
. 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
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
I second the above proposal.
Name of the seconder in full
Registration No. of the seconder
Signature of Seconder
Consent of the candidate
I hereby give my consent to the above nomination and agree to stand for the election
mentioned by the
I affirm that as laid down in the explanation to sub-section (1) of section 20. I am not
of any University or any college within the state.
Signature of the candidate
Name in Block letters
Certified that the proposer, seconder and the candidate have
signed in my presence.
of the attesting officer
of attesting officer
Name in block letters
Note: 1. Each candidate shall be nominated by a separate
Not more than one nomination paper shall be sent in one cover.
Nomination paper should be delivered in a sealed cover to the Registrar or his nominee
personally or by registered
Every elector is entitled to nominate as many candidates as there are vacancies.
||Registration No. of the Candidate in the Register of
||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
(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
Appointment of polling agent
Election of Representatives of registered graduates of the court under item (xix) of
section 20 (1) of the Adhiniyam.
.. (here state the name of the candidate and registration
number), who is a candidate at the
above election do hereby appoint-
.. as a polling agent to attend the
polling station/ the
fixed for the poll of the above election.
Signature of the candidate
I agree to act as such polling agent.
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
election of Registered Graduates to the court, which I have read-
Signature of the polling agent
Signature before me
Name in block letters
Signature of the presiding officer