Worker Participation (State Enterprises) Act, 1977
|
Procedure after nomination. |
12.—(1) If at an election immediately after, | |
(a) in case the returning officer fixes pursuant to section 8 of this Act a period during which nominations will be received, the expiration of the period, or | ||
(b) in case the returning officer so fixes two or more such periods, the expiration of the later or latest, as may be appropriate, of those periods, | ||
the number of candidates standing duly nominated does not exceed the number which as regards the designated body concerned is appropriate, the returning officer shall forthwith declare each of such candidates, or in case there is only one such candidate that candidate, to be elected for appointment under section 15 of this Act by the Minister of State who in relation to such designated body is the appropriate Minister; but if at that time the number of candidates standing so nominated exceeds such appropriate number the returning officer shall adjourn the election for the taking of a poll pursuant to this Act either on a day, being a day which is not earlier than the seventh day after the nomination day and which is in this Act referred to as the “polling day”, fixed by him at the time of the adjournment, or during a period of more than one but not more than five days the first of which is so fixed and is not earlier than the said seventh day, which period is in this Act referred to as the “polling period”. | ||
(2) Where at the time referred to in subsection (1) of this section no candidate stands duly nominated at an election, the returning officer shall not proceed further with the election and he shall, as soon as may be, inform the appropriate Minister in writing that no candidate was duly nominated at the election and that the election is not being proceeded with. | ||
(3) When an election is adjourned for the purpose of taking a poll, the following provisions shall apply, namely: | ||
(a) in case a polling day is fixed pursuant to this section as regards the election, the poll shall be taken on that day and postal voting shall not be used, and | ||
(b) in case a polling period is so fixed, the poll shall be taken during that period but votes, other than postal votes, may only be cast during the period on a particular day appointed for the purposes of this paragraph by the returning officer at the time he fixes the polling period. | ||
(4) If an election is adjourned for the purpose of taking a poll the returning officer shall, as soon as practicable after the adjournment, give, in such manner as he considers appropriate, notice of— | ||
(a) the polling day or the polling period, as may be appropriate, | ||
(b) the place or places at which, the day or days on which and the hours during which votes, other than postal votes, may be cast, | ||
(c) in case a polling period is fixed in relation to the election, the place at which and the period during which and before the expiration of which postal ballot papers are to be received by or on behalf of the returning officer, and | ||
(d) the names and descriptions of the candidates as entered in their nomination forms, and of the proposers, | ||
and it shall be the duty of the returning officer to provide such ballot boxes, ballot papers and other things and appoint such persons and do such other acts and things as may be necessary for effectively taking the poll in accordance with this Act. | ||
(5) The returning officer at an election shall, as soon as may be, inform the appropriate Minister in writing as to whether or not an election has been adjourned for the taking of a poll and, | ||
(a) in case the election is not so adjourned, he shall at the same time so inform the appropriate Minister of the names of any candidates declared pursuant to subsection (1) of this section to have been elected, and | ||
(b) in case the election is so adjourned, he shall, as soon as may be after the taking of the poll, also so inform such Minister of the names of any candidates elected at the election. |