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Constitution Anjuman-e-Haideri (Regd.) Delhi
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24. Dissolution.

(a) The Anjuman not less than four-fifths of the members of Anjuman may submit a written and signed requisition to the Managing Committee for calling an extra ordinary General body Meeting to consider the Proposal of dissolution, and upon such requisition the Managing Committee shall call the extra ordinary General body Meeting on giving one months notice of the proposition of dissolution and of the date and place of meeting to every member of the Anjuman, and the Anjuman shall stand dissolved if four fifths or more of the members of the Anjuman shall have agreed to such dissolution by their votes delivered in person or by proxy; or


(b) The Managing Committee may submit the Proposition of dissolution to the members of the Anjuman  in a written or printed report and may convene an extraordinary general body meeting for the consideration thereof by giving one month notices of the date and place of meeting and of the proposition of dissolution to every members of the Anjuman, and the


Anjuman shall stand dissolved if four-fifths or more of the members of the Anjuman shall have agreed to such dissolution by their votes delivered in person or by proxy.

25 Adjustment of Affairs after dissolution.

(a)Upon dissolution of the Anjuman the Managing Committee shall take all necessary steps for the disposal and settlement of the property claims and liabilities of the Anjuman.


(b) If there shall remain after the satisfaction of all the duties and liabilities of the Anjuman any property whatsoever, the same shall not be paid to or distributed among, the members of the Anjuman or any of them but shall be given the same either to a society to be determined by the votes of four-fifth of the members present personally or by proxy.


(c) Within fourteen days of the annual meeting as laid down in rule 6 a list shall be filed with the Registrar joint stock Companies of the names and address and occupation of the Managing Committee.

26.Any member of the Anjuman who shall steal, purlion or embezzle any money or other property, or willfully and maliciously destroy or injure any property of the Anjuman or shall force any deed, bond, security for money, receipt, or other instrument, whereby funds of the Anjuman may be exposed to loss, shall be subject to the same prosecution, and punishment as any person not a member of the Anjuman would be in respect of the like offence.


27 Whenever it shall appear to the Managing Committee of the Anjuman that it is advisable to alter, or extend such purpose to or for other purposes within the meaning of societies Registration Act XXI of 1860 or to amalgam the Anjuman either wholly or partially with any other Anjuman, the Committee may submit the propositions to the members of the Anjuman in a written or a printed report and may convene a special meeting for the consideration after giving a notice of ten days.


But no such proposition shall be into effect unless such report shall have been delivered or sent by post to every members of the Anjuman ten days previous to the said special meeting nor unless such position shall have been agreed to by the votes of three fifth of the members delivered in person or by proxy and conferred by the votes of the three fifths of the members present at a second special meeting convened by the managing Committee at an interval of one month after the former meeting.

 

Passed in General Body Meeting

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE - I

BYE-LAWS/ELECTION MANUAL FOR CONDUCTING ELECTIONS TO THE MANAGING COMMITTEE OF ANJUMAN-E-HAIDERI

CHAPTER-1 : THE ELECTORATE

1.1 Subject to the eligibility criterion as mentioned in the Memorandum of Association and Rules and Regulations of the Society, all persons enrolled as members in accordance with the constitution of the Society, but were not disqualified/suspended under any other provisions, shall constitute the electorate.

1.2 For every election, all eligible voters shall be allowed to exercise their franchise only if they possess any of the photo I-Cards to establish his/her identity as mentioned in the electoral rolls :

a) Ration Card

b) Driving Licence

c) Passport

d) Any other photo identity card issued by employer/organization/ company

e) Photo identity card issued by club or residents welfare society or any organisation in which he/she is member

f) Freedom fighters’ photo I-card

g) CGHS photo I-Card for Govt. Employees

h) Voter identity card issued by the Government/Election Commission

i) PAN card issued by I.T. Department

j) Post office/bank pass book with photograph

k) Any other genuine proof of the identity of the voter to be accepted by the members of the election commission

l) Notarised photo affixed affidavit of the member

Note : Cheating by impersonation is criminal offence punishable upto 3 years imprisonment under section 419 IPC.

CHAPTER-2 : ELECTION COMMISSION, THEIR DUTIES AND OBLIGATIONS

2.1     There shall be an Election Commission which shall be the patrons appointed by the general body provided that none of the members of the Election Commission take part on-going elections. The Election Commission shall if they deem necessary, appoint other necessary polling officers, staff and security personnel for the purpose of conducting elections.

2.2     Soon after receipt of the notification of the elections from General Secretary of the association notifying the elections and request for conducting the elections, the members of the Election Commission shall consent and confirm such request in writing to the General Secretary, in any event not later than three days after receipt of the intimation. The members of the Election Commission shall not resign till the conclusion of elections and notification of the results.

2.3     This Election Commission shall supervise and control to ensure proper and fair conduct of all elections for the Managing Committee of the society.

2.4     The Election Commission shall be deemed to have commenced functioning from the day the election notification as annexed in Form-II is published in any one of the local newspapers and an Urdu Newspaper.

2.5     The Election Commission shall continue to hold office till elections to the managing committee are held and the results of such elections are declared.

2.6     The Election Commission shall give its decision on any dispute or complaint as and when the same is referred to it in writing by any contesting candidate or his authorised agent and such decision of this committee shall be final and binding on all the parties.

2.7     The members of the Election Commission shall be available at the venue of polling at all times till the results of elections are declared and communicated to the General Secretary.

2.8     Notwithstanding anything contained in by-law 2.6 above, the Election Commission has powers to intervene suo-motto only in such matters of dispute where no provision is made in these bye-laws or the provision so provided seems to be ambiguous.

2.9     At least three days prior to the date of polling, the Election Commission may hold a joint meeting with all the polling officers, polling staff and other along with contesting candidates or their authorised agents for final briefing on all aspects of elections.

CHAPTER-3 : VENUE & COST OF ELECTIONS

3.1     Elections for all the posts of managing committee of the society shall be held in accordance with these bye-laws.

3.2     Elections shall be held only on a suitable Sunday or Holiday as may be decided by the managing committee of the society.

3.3     The venue for these elections shall be at the registered office of the society.

3.4     As per the requirements of conducting the elections, the Election Commission shall make all arrangements, provide all amenities at the costs and expenses of the society in accordance with these bye-laws.

CHAPTER-4 : PREPARATION FOR ELECTIONS BY ELECTION COMMISSION MANAGING COMMITTEE

4.1     Pre-election notice in Form-1 annexed to these bye-laws has to be published at least in any one of the local newspapers and an Urdu newspaper.

4.2     The General Secretary shall prepare and sign the voters lists after obtaining the members registers and application forms of the members, ensuring that the membership subscriptions of the admitted members are deposited before the expiry of the cut-off date fixed and notified in the pre-election notice.

4.3     The General Secretary on the advice of Election Commission shall make other arrangements for tents, provide ballot boxes, seals for ballot boxes, locks for ballot boxes, public announcement system, lighting arrangements, stationary, furniture, printed counting forms and the names of the contestants, required material for sealing of ballot boxes along with a seal of the Society, Rubber stamps with signatures of Election Commission and polling officer(s) if required. Any other requirement or demand from the Election Commission should be conveyed to the General Secretary at least 10 days in advance of the day of polling.

4.4     The Election Commission shall prepare and make available all the required placards for display at the polling venue in consultation with the General Secretary of society. Copies of these election rules should be made available to all the members of the Election Commission. Any member of the society can also obtain a copy of these bylaws on payment of the prescribed price.

4.5     The Election Commission may appoint one polling officer or the General Secretary if he is not contesting, for the purpose of receiving, scrutinizing and approving the nominations that may be filed by any candidate for any post.

CHAPTER-5 : DUTIES AND OBLIGATIONS OF ELECTION COMMISSION

5.1     The Election Commission has the power and authority to appoint other necessary polling staff or replace if necessary the appointed staff.

5.2     The Election Commission may fix the wages of the staff for the day of polling and also ensure supply of tea, food and water for polling and security staff deployed at the polling venue at the cost of society.

5.3     All such staff appointed in any capacity for conducting elections shall be provided with relevant and updated voters’ lists of society free of cost from the office of society before the date of filing of nominations.

5.4     The polling officer if appointed by the Election Commission or the Election Commission itself shall ensure that the nominations filed before him are in the prescribed Form-III annexed to these bylaws.

5.5     He shall further ensure that the contesting candidates, proposers and seconders as mentioned in the nomination forms are physically present before him and further ensure that the names of the above three persons are reflected in the list of voters to confirm that they are eligible members of society. In case it is found that any one of them is not a member of the society, or not physically present before him at the time of filing nomination, or is disqualified as a member, such nomination shall be rejected. Only the nominations filed within the prescribed date and time shall be received and acknowledge, duly signed by the polling officer/ Election Commission and entered in the register kept for this purpose and the contesting candidates shall sign in the said register. A separate page of the register shall be allocated for recording the nominations for each category of post. The colums in the register shall be as in Form-IV to these bylaws.

5.6     The polling officer or the Election Commission itself shall scrutinize all nominations acknowledged in the following manner :-

a)       One eligible member/voter can nominate and another can second all candidates for all the posts to be filled through election. For example one voter can propose another can second the nomination papers of one presidential candidate. However, if the same person proposes/seconds the second presidential candidate all such nominations proposed/seconded by such member/voter shall be declared invalid.

b)       The list of rejected nominations shall be prepared and put on the notice board by the Election Commission of society at the end of scrutiny.

c)       Only after completion of scrutiny, the names of approved and eligible contestants shall be notified/announced by the Election Commission and ballot numbers shall be allotted to the eligible candidates.

5.7     The Polling Officer, if appointed or the Election Commission shall have power and liberty to use his discretion to reject any nomination if the same is found not in accordance with these bye-laws and the reasons for rejection shall be recorded. The aggrieved contestant whose nomination has been rejected should obtain back such nomination from the Election Commission/polling officer along with latter’s remarks by the last day of scrutiny and may appeal against such rejection to the Election Commission. Depending upon the decision of the Election Commission, which should be given by the time prescribed for withdrawal of nominations, the polling officer/Election Commission may accept or reject the nomination accordingly.

5.8     The Election Commission shall ensure availability of correct and proper number of printed ballot papers at the polling venue. The number of ballot papers shall not exceed the number of total voters as per the voters list.

5.9     For society elections the ballot numbers allotted in accordance with bye-law 5.6 (c) for all the contestants shall be in seriatim. The colour and contents of the ballot papers for the categorised posts and other details shall be as under :-

a)       In all ballot papers the names of the contesting candidates for all the posts, shall appear in the first column. In the next column the ballot numbers which are allotted as per bye-law 5.6 (c) shall appear and the last column shall be a rectangular empty block for affixing the voting stamp reflecting ‘tick’ mark. All the numbers should be Arabic/Urdu numerals. The name of the post shall be on the top of the names of the contesting candidates for the said post. All the names and other instructions for educating the voters shall be in English or Urdu.

b)       One ballot paper in Green colour shall be used for all the contesting candidates for the posts of the managing committee of society starting from the President to the Internal Auditor in descending order.

c)       One ballot paper in Yellow colour shall be used for all the contesting candidates for the twelve posts of executive members of the managing committee of Society.

5.10   There shall be atleast two ballot boxes externally covered with the relevant colour of the ballot to be inserted, as explained in bye-law 5.9 at each polling booth.

5.11   The time schedule prescribed for filing and approval of nominations shall be scrupulously observed by the Election Commission. If no withdrawals are made prior to the prescribed time and the date, the nominations of the contesting candidates which are approved after scrutiny shall be treated as correct and valid. All such candidates whose nominations are accepted to be valid for each post shall be approved and signed by the members of the Election Commission and only then, be notified by affixing the list of eligible candidates/contestants on the notice board of the society. All such notified candidates shall be deemed to be the contestants in the elections and their names shall appear in the printed ballot papers, notwithstanding that any candidate(s) is/are not interested to be in the election fray by the time of elections.

5.12   The Election Commission and one polling officer, if any, shall obtain their respective signature stamps from General Secretary and also submit the list of all necessary tools and stationery for conducting the elections well in advance and General Secretary shall make all such requirements available to them.

5.13   The Polling Staff/Election Commission shall receive only as many ballot papers as there are voters of Society as per the approved list of voters and ensure that the ballot papers are correct in all respects three days before the date of polling, in any event by the time of joint meeting of Election Commission is held.

5.14   The Election Commission shall ensure that all ballot papers are affixed with his signature stamp without which the ballot paper shall not be issued to any voter as the same is deemed to be invalid and even if issued and polled by mistake, it shall not be counted.

5.15   The required stationery, public announcement system and other arrangements for conducting the poll as well as for counting the votes or any other material shall be requisitioned by the Election Commission and obtained from society.

5.16   The deployment of polling and security staff shall be done by Election Commission.

5.17   Adequate security staff as well as police assistance if required shall be made available at the venue of elections.

5.18   Arrangements for drinking water and temporary toilets separately for men and women may be provided within the venue.

CHAPTER-6 : CONDUCT OF ELECTIONS & POLLING PROCEDURE

6.1     The venue for the hold elections for managing committee shall be at the registered office of the Society.

6.2     The Election Commission may set up appropriate procedures to verify voters’ identity before they cast their vote.

6.3     At least 30 minutes before start of polling the representatives or agents or the contesting candidates, shall be shown all the empty ballot boxes of each polling booth and the empty boxes shall be sealed by the Election Commission in their presence before the commencement of polling. In case the authorised representatives/ agents or the contesting candidates do not appear before the Election Commission for this purpose 30 minutes prior to commencement of polling, the Election Commission shall be at liberty to seal the empty ballot boxes and commence polling.

6.4     Similar procedure as per bye-law above shall be followed for unsealing of the ballot boxes thirty minutes after the close of polling, for counting of polled votes.

6.5     The recognized agents shall only be allowed inside the polling venue for the purpose of witnessing the sealing and un-sealing of the ballot boxes. The same persons shall also be available for witnessing counting of votes, but shall not interfere in the work of polling staff.

6.6     Only the polling staff are allowed to count the votes in the presence of the agents or representatives and their final count shall be taken as official count and so accepted by the Election Commission. The Election Commission may countermand the election or order a re-poll under exceptional circumstances. The process of re-poll shall be according to the election manual.

6.7     On conclusion of the counting of the votes for every post the Election Commission shall record the votes polled to each contestant, which shall be official and final count and the same shall be signed by all the contesting candidates or their agents, as the case may be, against their names in the minutes to be prepared by the Election Commission. The counted ballot papers shall be kept back into the same ballot box from which they were taken out for counting and the ballot boxes shall be sealed once again.

6.8     All the records, registers, polling materials, left out stationery, sealed ballot boxes containing the polled votes, the lists of voters or any other documents used or unused or partially used during the process of election and shall be preserved by the Election Commission and returned to the office of the Society against receipt after the notification of the results.

6.9     The unused ballot papers shall be duly accounted for and returned to the office of the Society against receipt.

6.10   Apart from these duties and obligations, the members of the Election Commission are expected to familiarise themselves with the election bye-laws and comply with these bye-laws in all respects.

6.11   All complaints from any party or voter or the contestants shall be lodged within duplicate and in writing and signed by the persons complaining with the Election Commission. All such written complaints shall be received and acknowledged by Election Commission.

6.12   Any kind of dispute or difference or complaint from any voter or contesting candidate when lodged in writing, the same shall be referred to the Election Commission for their collective decision, which shall be final and binding on all parties.

6.13   The Election Commission is authorised to evict any person causing annoyance or disturbance to the election process, from the election venue with the assistance of the police and the security staff if necessary.

6.14   The part of the ballot paper to be used by the voter shall not contain any such information/code/device which can be used to identify the voter. There shall be complete secrecy in the polling process.

6.15   Validity of the Ballot Paper :-

a)       While counting of the votes the polling staff shall follow the guidelines mentioned hereinafter and shall not declare any ballot paper invalid unless the Election Commission is consulted in case of dispute.

b)       If the ballot paper contains names of more than one contestant in the election fray for a particular post and the tick mark is found affixed against all the candidates contesting for the said post, such ballot paper is invalid for counting for that particular post only. If the voter has exercised his franchise for less number of posts, such ballot paper shall not be made invalid but counted for such posts as the ballot paper is found to be extent valid.

c)       If the tick mark is found affixed between the two rectangular boxes specified for two similar posts, the voting for that particular post shall be declared invalid. Partial affixation of the tick mark in the rectangular spaces shall be examined and decided by the members of the election committee.

d)       If the tick mark is not clear visible or illegible, but the intention of the voter can be gathered from the ballot of the said ballot should not be declared invalid, unless duly considered so by the members of the election committee.

e)       Partial exercise of vote in each ballot paper for any one or more candidates shall be valid to that extent.

6.16   On completion of counting by the polling staff, the Election Commission shall declare and announce the results of the election for all the posts in descending order that the name of the candidate who was polled maximum votes for highest post in order of precedence shall be announced first and so on. In case of equal votes polled to the contestants for any post, a recounting shall be ordered by the Election Commission and if still found equal the winning candidate shall be decided by draw of lots.

6.17   A notification of the results of elections as announced by the Election Commission shall be prepared with record of the votes polled for the contesting candidates for the managing committee of Society as per Form-VI annexed to these bye-laws. This notification duly signed by all the members of the Election Commission is legal and valid and a copy shall be affixed on the notice board of the Society.

CHAPTER-7 : THE VOTERS’ RIGHTS, DUTIES AND OBLIGATIONS

7.1     Every eligible voter has a fundamental right and bounden duty to cast his vote in the interest of and for the benefit of the society. He should carry his identity card or any document as mentioned in bye-law 1.2 along with him and show the same for entry into the polling venue and polling booth and also ensure that he receives the valid and correct ballot paper and sign in the register kept for this purpose acknowledging the receipt of the ballot paper.

7.2     The voter is expected to know the procedure and the provisions contained in this election manual, as his ignorance cannot be considered as an excuse to consider any contravention of the procedures or mistakes committed by him or to validate his invalid vote already cast by him.

7.3     The voter has moral obligation to cast his vote according to his conscience and not be influenced by partisan overtones and fanaticism but always remember that the Society is secular organisation.

7.4     The voter should be ethically bound not to utilise the transport that may be provided by the contesting candidates to come to the polling venue from home and back or accept any reward or gratification from any one, thereby incurring an obligation upon himself.

7.5     The voter is expected to maintain decorum and behave as a civilized citizen and around polling venues and not create any nuisance or annoyance to the neighbours or fellow voters on the spur of temptations.

7.6     The voters and contesting candidates or his supporters should repose full faith in the polling staff and the Election Commission and magnanimously accept the defeat. Similarly the successful candidate or his supporters are expected not to cross the limits of jubilation in success.

7.7     The voter should always work for and cast his vote with one goal in his mind ‘TO UPHOLD THE DIGNITY AND HONOUR OF THE DARGHA AND THE COMMUNITY’.

CHAPTER-8 : OATH

8.1     At the outset of their term the new Managing Committee is expected to take a public oath of loyalty inside the Dargha.

 



 

Featured Views

Alphonse de Lamartine on Prophet Muhammad

(1790-1869) French poet and statesman.

q       "Philosopher, orator, apostle, legislator, warrior, conqueror of ideas, restorer of rational dogmas, of a cult without images; the founder of twenty terrestrial empires and of one spiritual empire, that is Muhammad. As regards all standards by which human greatness may be measured, we may well ask, is there any man greater than he?"

[Translated from Histoire De La Turquie, Paris, 1854, vol. II, pp. 276-277]