Constitution & Election Rules
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AKPCTA
Constitution and Election rules
The All Kerala Private College Teachers’ Association
Memorandum of Association
( Constitution )
1. Name
The name of the Association shall be “The All Kerala Private College Teachers’ Association” hereinafter referred to as ‘AKPCTA’
2. Office
The Central Office of the AKPCTA shall be at Thiruvananthapuram, the capital of the state of Kerala.
3. Jurisdiction
The jurisdiction of the AKPCTA shall extend to all Private colleges with in the state of Kerala.
4 Aims and objects
(a) To promote a corporate feeling and the sprit of co-operation among its members;
(b) To further the cause of higher education;
(c) To help create and organize public opinion on questions of higher education;
(d) To encourage and organize the study of educational problems with special reference to teaching at the university level;
(e) To establish and maintain among its members the right standard of profession conduct and work;
(f) To secure to private college teachers fair and equitable conditions of service and better social and economic status;
(g) To secure to private college teachers adequate representation in the legislative, executive and advisory bodies of the state, the authorities of the universities in the state and institutions affiliated to or subordinate to such universities; and
(h) To develop and promote feelings of fraternity among the college teachers in particular and the teachers and employees of all categories in general.
5. Ways and Means
With a view to achieving the above AIMS and OBJECTS the AKPCTA may :-
1. federate or associate itself or co-operate with other organizations and institutions with similar or allied aims and objects in India and abroad;
2. publish pamphlets, periodicals, bulletins, books and monographs;
3. organize seminars, symposia and undertake other academic activities;
4. purchase, hire, take on lease or otherwise acquire all kinds of property, movable ands immovable, which may be deemed necessary for achieving the aims and objects and sell, mortgage or pledge as security or otherwise dispose of any such property;
5. take loans or otherwise borrow money on such securities as may be decided upon from time to time by the State Council of the AKPCTA;
6. deposit in banks or invest in securities such funds of the AKPCTA as are not immediately required;
7. organize co-operative mutual benefit schemes;
8. take all possible legitimate steps or measures for the attainment of the aims and objects; and
9. do all such other lawful things as are incidental or conductive to the attainment of the aims and objects.
6. Membership
Any person who is employed as a teacher in a private college within the state of Kerala shall be eligible to become the member of AKPCTA.
7. Official Flag
The official flag of AKPCTA shall be white in colour with red border and the letters AKPCTA inscribed in it in red colour in the middle, its length being in the ratio 3:2.
8. Seal
The AKPCTA shall be a body corporate having perpetuity and common seal, which shall be round in shape. It shall be nder the safe custody of the General Secretary of the AKPCTA.
ARTICLES OF ASSOCITION
( Rules )
1. Definitions
(a) ‘The AKPCTA’ means the All Kerala Private College Teachers’ Association.
(b) Except where it is repugnant to the context, ‘member’ means a person enrolled in the AKPCTA as per Rule 2 below.
(c) ‘Private College’ and ‘Teacher’ shall have the same meaning as in the Kerala University Act, 1974 or as in the Calicut University Act, 1975 or as in the Mahatma Gandhi University Act 1985 or as in the Kannur University Act 1996 as the case may be.
(d) ‘State Council’, ‘State Committee’, ‘State Working Committee’, ‘Academic Council’, ‘District Council’, ‘District Committee’, ‘Branch’, ‘President’, ‘Vice-Presidents’, ‘General Secretary’, ‘Secretaries’, ‘Treasurer’, ‘District President’, ‘District vice President’, ‘District Secretary’, ‘District Joint Secretary’ and ‘District Treasurer’ shall mean State Council, State Committee, State Working Committee, Academic Council, District Council, District Committee, Branch, President, Vice presidents, General Secretary, Secretaries, Treasurer, District President, District Vice-President, District Secretary, District Joint Secretary and District Treasurer respectively of AKPCTA, constituted/elected/nominated/appointed in accordance with these rules.
2. Enrolment
Any person who, being a teacher in a private college in Kerala State, intends to become a member of AKPCTA shall forward to the Treasurer along with the prescribed enrolment fee and annual subscription, an application, in the prescribed form, duly filled in with a copy each to the concerned District Secretary and the General Secretary.
Provided that a teacher of a college where there is already a Branch of the AKPCTA, shall forward his application through the Secretary of the Branch and he shall forward the application with his remarks, if any.
The State Committee may reject any such application without assigning any reason.
3. Enrolment Fee
The enrolment fee shall be Rs. 5/- which shall be paid at the time of enrolment.
4. Annual Subscription
The annual subscription shall be Rs. 100/- provided that a member may at any time compound for all future annual subscriptions by paying a ‘ Life Membership Subscription ’ of ten times that of the annual subscription.
5. Membership
(a) Any member who fails to pay the membership subscription for a year before the last day of August of the official year shall have his name removed from the rolls of the AKPCTA.
Provided that the State Working Committee shall have the right to extend the last date for the payment of membership subscription for a year.
Explanations
Provided that a member shall also pay the contribution to the ‘Branch Fund’ as decided by the General body meeting of the Branch. Provided also that the District Councilors, outgoing office-bearers and the office bearers of the AKPCTA shall pay the membership subscription within the time limit stipulated in the first para of the rule.
(b) Any member may, with the approval of the State Committee, continue to be a member after retirement from service as a teacher on super annuation.
(c) The President shall have the right to suspend any member who acts contrary to the objects or interests or decisions or directives of the AKPCTA after giving him a reasonable opportunity being heard, subject to ratification by the State Working Committee at its meeting held immediately after such suspension.
(d) The President shall have the right to suspend any Branch of the AKPCTA. Which acts contrary to the objects or interests or decisions or directives of the AKPCTA and shall appoint an Ad-hoc Committee to facilitate the functioning of the Branch, after giving the Branch a reasonable opportunity of being heard subject to ratification by the State Working Committee at its meeting held immediately after the suspension.
(e) The State Working Committee, at the request of a Branch, and /or on the recommendation of the general Secretary may take disciplinary action including debarring from contesting election to any office of the AKPCTA- District or state or a specified period and expulsion against any member who acts contrary to the objects or interest or decisions or directives of the AKPCTA after giving him a reasonable opportunity of being heard. The request of the Branch shall be in the form of a motion carried at the meeting of the Branch.
Any member against whom disciplinary action has been taken by the State Working Committee shall have the right to appeal to the state Committee, the decision of which there on shall be final.
(f) The State Working Committee, on receiving a report from the District Secretary concerned and/or the General Secretary, if satisfied that the Branch Committee of a Branch is subverting the decisions and/or directives of the State Council/State Committee, the District Council/Committee may, after giving the Branch Committee an opportunity of being heard dismiss the Branch Committee and shall nominate an Ad-hoc Committee consisting of a Branch President and a Branch Secretary for a period exceeding one year at a time to carry on the administration of the Branch.
Provided that a new Branch Committee shall be constituted in the Branch before the expiry of the period.
Provided further that the Branch Secretary so nominated shall have all the rights and privileges of an elected Branch Secretary and shall be a member of the concerned District/Council and the State Committee/Council.
Any member of the Branch aggrieved by the decision of the State Working Committee may, within fifteen days of the decision, appeal to the State Committee and the decision of the State Committee thereon shall be final.
(g) A member notwithstanding any order of his employer effecting suspension/
removal/dismissal from service or termination of probation/service, is entitled to membership in the Branch which enrolled him or any other Branch till such date as is decided by the State Working Committee.
Provided that subject to his convenience any Branch will be free to own his membership.
6. Official Year
The official year of the AKPCTA shall be from 1 st of April to the 31 st of the succeeding March.
Provided that the statement of accounts and annual report shall be prepared as on the last day of February of every official year.
7. Funds
(a) The funds of AKPCTA shall consist of enrolment fee membership subscription, life membership subscription endowment and such other money as may be raised from time to time by the AKPCTA.
(b) The funds of the AKPCTA shall be deposited in the name of AKPCTA in a scheduled bank nominated by the State Working Committee and the bank accounts shall be operated jointly by President and Treasurer.
(c) The President, the General Secretary and the Treasurer may each keep an imprest of Rs. 1000/- the Vice President and the Secretaries may each keep Rs. 500/- and the District President, District Secretaries and District Treasurer may each keep an imprest of Rs. 300/-
(d) All payments shall be made on proper vouchers and with in budget allotments.
(e) The State Working Committees may allot to a District Council an amount not exceeding 25 % of the annual membership subscription collected from that district and shall regulate from time to time the expenditure of the District Council.
(f) The funds of the AKPCTA shall be used solely for the promotion of its aims and objects and no portion thereof shall be diverted or distributed in the form of profits, dividend or bonus.
(g) The enrolment fee and life membership subscription collected from the members shall be capitalized.
8. Budget and Accounts
(a) the Annual Budget of the AKPCTA shall be prepared by the State Working Committee. It shall be presented first before the State Committee and then the State Council and passed finally by the latter.
(b) The Accounts of the AKPCTA shall be maintained by the Treasurer.
9. Annual Report and Audited Annual Statement of Accounts
(a) Annual Report:- The Annual Report of the working/activities of the AKPCTA shall be prepared by the State Working Committee and placed before the State Committee and State Council.
(b) Audited Annual Statement of Accounts:- It shall be the duty of the State Working Committee to place before the State Committee and the State council every year, at their Annual meetings, audited statement of accounts for a period of twelve months ending on the last day of February of the official year on:-
(i) Income and Expenditure
(ii) Receipt and Payments and
(iii) Assets and Liabilities
They shall be passed finally by the State Council
10. Inspection
Any member shall on giving 21 days notice to the General Secretary /Treasurer have the right to inspect the books and account of AKPCTA.
11. Branches
(a) A Branch of the AKPCTA shall be constituted in every college with in the state of Kerala where there are five or more members.
(b) The administration of the Branch shall be vested in a Branch Committee consisting of a Branch President, Branch Vice- President, Branch Secretary, Branch Joint Secretary, Branch Treasurer and the delegates to the District Council elected by the Branch from among its members as per su rule (v) of Rule 13A.
The Branch committee may raise by way of subscriptions or donations, such funds as may be necessary for the working of the Branch.
(c) The Branch Secretary shall forward to the District Secretary of the concerned District Council and the general Secretary of the AKPCTA quarterly reports of the activities of the Branch and a consolidated report and audited statement of accounts once passed at the annual Branch Conference for each official year by the first week of February of each official year.
(d) It shall be the duty of the Branch Committee to carry out the decisions and directives of the various organizational and administrative agencies of the AKPCTA with a view to promoting the aim and objects of the AKPCTA.
12. Organisation and Administration
The following shall be the organizational and administrative agencies of the AKPCTA.
(a) The District Council
(b) The District Committee
(c) The State Council
(d) The State Committee
(e) The State Working Committee
(f) The Academic Council
and such other agencies as may be created by the State Council.
13 A. District Council
There shall be a District Council for each revenue district in the state provided that the revenue district of (a) Kasargode and Kannur and (b) Kottayam and Idukki shall have only combined District Councils.
Each District Council shall consist of the following :
(i) The District President for the year
(ii) The Out-going District President and District Secretary
(iii) The out-going State office bearers of the AKPCTA from the colleges in the District
(iv) Elected representatives of the AKPCTA in the Academic Council and Senate of the Four Universities form the colleges in the District.
(v) The delegates from the Branch situated with in the territorial jurisdiction of the revenue district ( districts in the case of the combined District Council) elected by the members of the Branches from among themselves on the basis of the principle, viz. “one delegate for every 10 members or major part thereof ”, provided that every Branch shall have one delegate on the District Council. Also provided that the Branch Secretary shall be a member of the District Council.
Provided further that as far as possible atleast 20 % of the delegates elected shall be women.
13 B. District Committee
Each District Committee shall consist of :
(i) The District President for the year
(ii) The District Vice President, the District Secretary,the District Joint Secretary and the District Treasurer
(iii) Not more than three members elected by the District Council at its Annual Conference of which at least one shall be a woman as far as possible and
(iv) The members of the State Committee and State Working Committee for the year from the colleges situated within the territorial jurisdiction of the District Council
13 C. Powers and Duties
(i) The District Committee shall be the standing committee of the District Council and shall be responsible for carrying out the decisions of the State Council, State Committee and District Council. The District Council shall have the power to raise funds from the branches within the territorial jurisdiction of the concerned District Council if the funds made available to the District Council as per rule 7(e) is not sufficient. It shall also be competent to raise funds from the teachers of the concerned district for specific purposes with the prior concurrence of the State Working Committee.
(ii) The District Committee shall forward to the General Secretary quarterly reports relating to the activities of the District Council and shall present the annual report and audited accounts at the annual meeting of the District Council for its consideration and acceptance.
(iii) The annual report and accounts passed at the annual meeting of the District Council shall be forwarded to the General Secretary and Treasurer of the AKPCTA and the said accounts shall be appended to the annual accounts of the AKPCTA presented to the state council at the state conference.
14 The State Council
(a) The State Council for each year shall consist of the following
(i) The President of the year, and
(ii) all the elected delegates to the twelve district council as provided sub Rule (v) of Rule 13A, the office bearers of the AKPCTA, the District President and the District Secretaries during the immediately preceding year and elected representatives of the AKPCTA in the senate and Academic Council of the four affiliating Universities
(b) The State Council shall meet atleast once in six months. Meetings of the State Council may also be held whenever the State Committee deemed it necessary
(c) 15 days notice shall be given for a meeting of the State Council
(d) the quorum for a meeting of the State Council shall be one third of the number of its members or 50, whichever is less
(e) On a requisition to convene a meeting from not less than one third of the number of its members, stating the purpose for which the meeting is to be convened, the General Secretary shall convene a meeting of the State Council within 30 days of the receipt of such requisition and in default thereof the requisitionists may themselves convene a meeting.
(f) The State Council shall be the statutory general body of the AKPCTA competent to take final decisions on all matters relating to the normal business of the AKPCTA
(g) The State Council shall :
(i) elect the office bearers of the AKPCTA
(ii) consider and approve the annual report and audited statement of accounts, and
(iii) pass the budget
15 State Committee
(a) The state committee for each year shall consist of the following ,namely
(i) The president, two Vice-Presidents, the General Secretary, four Secretaries and the treasurer for the year.
(ii) The President and the General Secretary of the immediately preceding year
(iii) The members of the State Working Committee (other than those referred to in item (i) above for the year)
(iv) The elected/nominated representatives of the AKPCTA in the syndicates of the four affiliating Universities
(v) The District Presidents for the year
(vi) Seventeen members ( atleast one each from the area of each District Council ) elected by the members of the State council from among themselves subject to the condition that there shall not be more than five members each from the area of Kerala, Mahatma Gandhi and Calicut universities and two members from the area of Kannur University.
Provided that as far as possible not less than five members so elected shall be women.
(b) There shall be atleast four meetings of the State Committee every year and meetings of the State Committee may be held when ever the State committee deems it necessary.
(c) Seven days’ notice shall ordinarily be given for a meeting of the State committee provided that if the State committee deems it necessary, an urgent meeting of the State committee may be convened at a shorter notice.
(d) The quorum for the meeting of the State committee shall be one third of the total number of the members or twenty which ever is less.
(e) The General Secretary shall convene a meeting of the State committee when a requisition to do so is made jointly by not less than one-half of the members specifying the purpose of the meeting.
(f) The State committee shall be the governing body of the AKPCTA in which the executive authority of the AKPCTA is vested.
(g) The State committee shall :-
(1) Convene the Annual Conference of the AKPCTA at such time and place as may be decided upon by it.
(2) Consider the Budget to be passed by the State Council.
(3) Consider the Annual Report and Audited Statements of Accounts.
(4) Supervise and control the work of the various office-bearers.
(5) Decide on the question of admission of new members to the AKPCTA
(6) Hear and decide on all appeals lodged by members against whom disciplinary action has been taken by State Working Committee or any other appeal lodged as per rules.
(h) It shall be competent for the State committee to frame subsidiary rules consistent with the constitution and rules.
16. The State Working Committee
(a) The State Working Committee shall consist of
(1) The State Office bearers of AKPCTA,
(2) The Secretaries of all District Councils for the year
(3)
(a) Not more than three persons nominated by the State Working Committee for the year
(b) The State Working Committee shall meet often as it is convened by the General Secretary in consultation with the President.
(c) Seven days’ notice shall ordinarily be given for the meeting of the State Working Committee, provided that if the President deems it necessary, an urgent meeting of the State Working Committee may be convened.
(d) The quorum of a meeting of the State Working Committee shall be nine.
(e) The State Working Committee shall function as the Standing Committee of the State Committee and shall have such powers and duties as may delegated to it from time to time by the State Committee.
(f) The General Secretary may seek the decision of the State Working Committee on any matter which calls for speedy disposal by circulation of papers, provided that if a difference of opinion arises in the course of such circulation, the matter shall not be decided there at but shall be placed before the next meeting.
16 A Academic Council
i) The Academic Council of the AKPCTA shall consist of :-
(a) One of the Vice-Presidents of the AKPCTA of the year, nominated by the Working Committee will be the Chairman of the Academic Council.
(b) All elected/ Ex-officio representatives of the AKPCTA in the Academic Councils of Kerala, Mahatma Gandhi, Calicut and Kannur Universities.
(c) All elected/ nominated members of the Boards of Studies of the four affiliating universities representing the Association.
(d) All the elected / nominated representatives of the AKPCTA on the Faculties of the four mentioned universities.
(ii) The Academic Council shall meet atleast once in six months.
(iii) Ordinarily seven days’ notice shall be given for a meeting of the Academic Council provided that if the Academic Committee deems it necessary an urgent meeting of the Academic Council may be convened at a shorter notice.
16 B Academic Committee
(a) The Academic Committee of the AKPCTA shall consist of :
(i) The Chairman of the Academic Council of the year
(ii) Eight members to be nominated by the State Working Committee. The convener of the Academic Committee shall be nominated from among these members by the State Working Committee
(iii) The President, the General Secretary and the treasurer of the Association will be ex-officio members.
(b) The convener of the Academic Committee shall be the Convener of the Academic Council and it shall be his duty to convene the meetings of the Academic Committee and Academic Council
(c) The Academic Council and the Academic Committee shall be the principal academic bodies of the Association and shall advice the State Committee on all academic matters.
17. Annual Conference
(a) The Annual Conference of the AKPCTA shall consist of:-
The Branch Conference, District Conference and State Conference to be held on the date to be specified by the State Working Committee
(b) All the members of District Council and the State Council shall be delegates to the District Conference and State Conference respectively. The Branches if they so decide may send as many members they desire to attend the District/State Conference as Observers.
(c) The Annual Conference may formulate guidelines for the working of the AKPCTA and may serve generally as a forum for the consideration of and discussion on educational problems.
18 The District Office – Bearers and the Office Bearers of the AKPCTA
(a)
(i) The office bearers of the District Council shall be:-
The District President, the District Vice President, the District Secretary, the District Joint Secretary and the District Treasurer.
(ii) The District office bearers shall be elected by the District Council for the year from among its members at the Annual District Conference.
(b)
(i) The Office Bearers of the AKPCTA shall be:-
The President, two Vice Presidents, the General Secretary, four Secretaries and the Treasurer.
(ii) The office bearers of the AKPCTA shall be elected by the State Council for the year from among its members as provided in Rule 27.
19. The President
(a) The President shall have the general control of the administration of the AKPCTA.
(b) The President shall be the officer to sue and to be sued on behalf of the AKPCTA.
(c) All bonds and documents in favor of the AKPCTA shall be in the name of the President and all bonds and documents by the AKPCTA shall be executed by him.
(d) If at any time the President of the year unable to discharge his duties by reason of absence from State or illness or any other cause, one of the Vice Presidents nominated by the Working Committee shall act as the President.
20. Two Vice Presidents
The Vice Presidents in addition to the duties specified in 16 A (i) (a) 19 (d) and 24 (i) shall have such other duties and functions as may assigned to them from time to time by the President and/or any of the agencies mentioned in Rules 14, 15 and 16.
21. The General Secretary
The General Secretary shall:-
(a) Conduct all correspondence on behalf of the AKPCTA
(b) Convene meetings in consultation with the President
(c) Maintain books and registers other than account books
(d) Pass bills for payment
(e) Do in consultation with the President and subject to the directions and control of the State Committee, such other things as may be necessary for the proper administration of the AKPCTA.
22. Four Secretaries
The Secretaries shall assist the general Secretary in the discharge of his duties and shall have such other duties and functions as may be assigned to them from time to time by the President and/or any of the agencies mentioned in Rules 14, 15 and 16.
Whenever the General Secretary reports that he is unable to discharge his duties owing to illness or some other cause, the State Working Committee shall nominate any one of the Secretaries as Acting General Secretary.
The Secretary from the concerned area of Kerala, Calicut, Mahatma Gandhi and Kannur Universities shall convene the joint meeting of all the District Councils or District Committee in the area if and when the State Working Committee authorizes him to do so.
23. The Treasurer
(a) The Treasurer shall collect enrolment fees, membership subscriptions and donations and such other money as are due to the AKPCTA, issue receipts, make payments and maintain accounts of the AKPCTA.
(b) The Treasurer shall be the custodian of the funds of the AKPCTA.
24. Filling up of the vacancies of the Office Bearers of the AKPCTA and District office Bearers
(i)If at any time the post of the President falls vacant owing to resignation of the incumbent or any other cause, one of the Vice Presidents, nominated by the Working Committee shall hold the office of the President till the date, his predecessor would have continued in the office.
(ii)If any time the post of the General Secretary falls vacant owing to resignation of the incumbent or any other cause, one of the Secretaries, nominated by the Working Committee shall hold the office of the President till the date, his predecessor would have continued in the office.
(iii)If at any time any post of the office bearers of the AKPCTA other than the President and the General Secretary falls vacant owing to the resignation of the office bearer concerned or any other cause, the President shall nominate a member of the State Committee to hold the office such office bearer till the date his predecessor would have continued in office, provided that the nomination shall be placed for ratification before the meeting of the State Working Committee held immediately after such nomination.
(iv)If at any time any post of the District office bearers falls vacant owing to the resignation of the incumbent or any other cause the State Working Committee shall nominate a member of the District Council/District Councils to hold the office of such office bearer till the date his predecessor would have continued in Office.
25 Amendments
(b) The constitution and rules of AKPCTA may be amended by a resolution passed by a two-thirds majority of the members present and voting at a meeting of the State Council, provided notice of such a resolution has been given along with the notice of the meeting.
(c) The State Council shall have the right to suspend any provision of the constitution and rules of the AKPCTA by a resolution passed by a two-thirds majority of the members present and voting at a meeting of the State Council.
26 General
(a) The State Council, The State Committee and the State Working Committee shall have the power to frame their own rules of procedure.
(b) The President shall be the Chairman of the Annual Conference and of all the meeting of the State Council, the State Committee and the State Working Committee. If he is not present, one of the Vice Presidents nominated by the State Working Committee shall be the Chairman, and if the President and the Vice President are absent, the members present shall elect the Chairman from among themselves.
(c) Except where otherwise provided, all questions, coming up before the meeting of the State Council, State Committee or the State Working Committee shall be decided by simple majority of the members present and voting. In case of a tie, the Chairman shall have a casting vote.
(d) The office bearers and all the agencies specified in Rule 12 shall continue to function until there successors are elected or constituted.
(e) No proceeding of the State Council, the State Committee, the State Working Committee, the District Councils and District Committees shall become invalid while a reason of vacancies remaining unfilled .
27. Elections
(a) The State Working Committees shall fix the schedule for all elections
from Branch level to State level and appoint a State Returning Officer to
conduct all the elections of the AKPCTA.
(b)The result of the election of the District office-bearers and the office-bearers of the AKPCTA shall be decided on the basis of the principle of simple majority.
28. Dissolutions
The AKPCTA may be dissolved by a resolution passed by a three-fourths majority of the members present and voting at a conference specially convened for the purpose.
TRANSITORY PROVISIONS
Notwithstanding anything contained in these rules, the State Council, the State Committee, State Working Committee, the District Council and the District Committees of the AKPCTA for the year 1997-98 shall function respectively as the State Council, the State Committee, State Working Committee, the District Council and the District Committees of the AKPCTA until the agencies of the composition provided for in these rules are duly constituted-
AKPCTA ELECTION RULES
1. Returning Officers
(a) There shall be a State Returning Officer appointed by the State Working Committee of the AKPCTA from among the members of the AKPCTA.
(b) There shall be a District Returning Officer for each District Council appointed by the respective District Committee.
(c) There shall be a Returning Officer for each Branch appointed by the Branch.
2. Election Procedure – Election Notification
The State Working Committee shall fix the time schedule for all elections from Branch level to the State level as provided in Rule 27 and shall notify the same atleast 15 days before the commencement of the Branch Elections. The notification shall contain:-
(a) The offices to be filled by the election,
(b) (i) The date of polling in the Branches
(ii) The date of publication of preliminary list of voters on the 12 District Councils and the State Council,
(iii) The last date and time for filing objections or corrections, if any, on the preliminary list of voters,
(iv) The date of publication of final list of voters,
(v) The last date and time for filing nominations to the various offices notified,
(vi) The place, date and time of scrutiny of nominations and the publication of list of valid nominations.
(vii) The last date and time for withdrawal of nominations.
(viii) The date and time of publication of final list of candidates.
(ix) The place, date and time of polling and counting
Explanation: The publication of preliminary list of voters means the circulation of the list among the Branches.
Explanation: The preliminary list of voters means the list of members in the Branches.
The last date and time for filing of nominations shall be four hours prior to the time fixed for polling. The scrutiny of the nomination and publication of the list of valid nominations shall be completed three hours before the time fixed for polling. The withdrawal of candidature in writing by the candidates shall be done atleast two hours before the time fixed for polling.
3. filing and Scrutiny of Nomination
(a) A candidate shall submit his/her nomination in the prescribed form to the Returning Officer concerned.
(b) The candidate or an agent authorized by him can be present at the the time of the scrutiny of nominations.
(c) If at the time of scrutiny, any nomination is rejected as invalid, the Returning officer shall record his reasons for invalidation in the nomination paper itself.
(d) Immediately after the scrutiny a list of valid nominations shall be published.
(e) A candidate may withdraw his/her nomination by writing to the Returning Officer within the stipulate period.
4. Where the number of valid nomination to any office does not exceed the number of posts to be filled in that office, the Returning Officer shall declare such candidates elected.
5. Where the number of valid nominations exceeds the number of offices to be filled, elections shall be held according to the following rules.
The voters shall write the names of candidates of their choice on the ballot paper issued by the Returning officer. The ballot paper, serially numbered and initialed by the Returning officer, shall bear the seal of AKPCTA also. They shall write as many names of the candidates of their choice seeking election to the particular office, as there are vacancies to be filled.
6. Counting and Decleration of Results
(a) After the expiry of the time stipulated for polling, the Returning Officer concerned shall count and record the votes secured by each candidate. The candidate or an agent authorized by him can be present at the time of counting:
(b) The candidate or candidates who secure the largest number of valid votes
shall be declared elected.
(c) If two or more candidates secure an equal number of votes, the Returning Officer concerned shall cast lots and the candidates whose names are drawn first shall be declared elected.
7. Branch Elections
(a) After the notification of elections and the publication of the time schedule,
Every branch shall appoint a Branch Returning Officer from among the members of the Branch. It shall be the duty of the Branch Secretary to report the appointment of Branch Returning Officer to the state Returning officer, the General Secretary and the Treasurer of the AKPCTA on the next day itself.
(b) The Branch Returning Officer shall conduct the elections to all the offices
notified to be filled by the Branches as per Rules 11 (b) and 13A (V) of
the AKPCTA in accordance with the procedure laid down in Rules 3 to 6,
both inclusive, of these Elections Rules.
(c) (1) Any member of a Branch as per Rules 2,3,4 and 5 of the AKPCTA shall
be eligible to vote and contest as a candidate in the Branch election.
Provided that a member transferred from a Branch shall have his/her membership transferred to the Branch to which the member is transferred
if the transfer is before the publication of the list of voters of the Branch.
Provided further that a member transferred from a Branch to a college where
there is no Branch shall have his/her membership retained in the Branch as
if such a transfer did not take place.
(2) If the transfer is after the publication of the voter’s list of the Branch,
he/she shall continue to be a member of the Branch till the Branch elections
are over and shall have all rights and privileges of a member of the AKPCTA.
(d) It shall be the duty of the treasurer to provide the Branch Returning Officer
with an approved list of the members of the Branch.
(e)The Branch Returning Officer within two days after the Branch elections are
over, shall forward to State Returning Officer and the District Returning
Officer a list of the members elected.
A copy each of the list of members elected shall be forwarded to the General
Secretary and the Treasurer of the AKPCTA and to the District Secretary.
8. District and State Elections
(a) It shall be the duty of the District Secretary to report the appointment of the District Returning Officer to the State Returning Officer, to General Secretary and the Treasurer of AKPCTA and to the branches of the concerned District Council. It shall be the duty of the General Secretary to communicate the appointment of the State Returning Officer to all the branches and District Secretaries .
(b) It shall be the duty of the State Returning Officer to hold elections to all such offices provided in 18 (b) i and 15 (a) vi of the rules and it shall be the duty of the District Returning Officer to hold election to all such offices provided in 18 (a) i of the rules. The District Returning Officer two days of the completion of the district election, report the results of the election to the State Returning Officer, the General Secretary and the Treasurer of the AKPCTA.
(c) Any member of the District Council and the State Council constituted as per rule 13 A and 14 respectively of the rules of the AKPCTA shall be eligible to vote and contest the election respectively to the offices specified in 18 (a) i and 18 (b) i
(d) The Returning Officer shall not contest the election which he conducts. And the members of the election tribunal appointed as per rule 9 below, shall not contest any election of the AKPCTA for the year in queston.
9. Election Tribunal
(a) Before the commencement of the AKPCTA elections for a year the State Working Committee shall appoint an election Tribunal consisting of three members from among the members of the AKPCTA.
(b) The Election Tribunal shall be competent to hear and decide on all complaints regarding the elections.
(c) Any member aggrieved by the award of the election tribunal may appeal to the State Committee with in 15 days of the award and the decision of the State Committee thereon shall be final.
(d) The Election Tribunal shall hear and decide all election petitions with in 15 days of the receipt of the petition and the State Committee shall give its verdict on the appeals, if any, with in 30 days of the receipt of the appeals.
(e) Any member of the AKPCTA who is eligible to vote is entitled to petition to the Election Tribunal or appeal to the State Committee about any of the elections held at the State, District or Branch levels on grounds of noncompliance with the constitution of the AKPCTA or any of the provisions of this election rules
Provided that as such petitions and appeals shall be filed it to the tribunal or to the State Committee as the case may be, with in 10 days after the declaration of the results of the election or 15 days of the award.
