9A. Constitution of Market Committee other than the one constituted for the first time.

(1) For the purpose of conducting election for re-constitution of a market Committee there shall be an Election Authority consisting of the following, namely-
(i) the Deputy Commissioner of the District in whose jurisdiction the major portion of a notified market area is situated as Chairman;
(ii) the District Level Head of Cooperation Department within whose jurisdiction the major portion of the notified market area is situated-as Member;
(iii) the District Agricultural Officer within whose jurisdiction the major portion of the notified market area is situated-as Member-Secretary.
(2) The Election Authority shall have all the powers for preparing supervising and conducting the election to the Market Committees. The power of over all superintendence is also vested with the Election Authority.
(3) The Assam State Agricultural Marketing Board shall issue notification constituting the Election Authority for the purpose of election of a particular Market Committee and shall publish the same in 2 (two) vernacular news papers circulated in that area. The notification constituting the Election Authority shall be issued by the Chief Executive Officer of the Board within 3 (three) months before the date of expiry of the tenure of a Market Committee reckoning the date on which the first meeting of the outgoing Committee was held.
(4) Within 15 (fifteen) days from the date of publication of the notification constituting the Election Authority, the Election Authority shall form the constituencies as follows and publish the same in 2 (two) vernacular news papers circulated in the area-
(i) For the purpose of electing 7 (seven) Agriculturists under Section 8(1)(i) of the Act, 7 number of Agriculturist constituencies, dividing the entire notified market area into seven portions equally, so far as practicable, shall be constituted. Each of the constituencies shall single member constituency for electing representatives of Agriculturists;
(ii) For the purpose of electing 3 (three) Traders under Section 8(1)(n) of the Act, 3 number of Traders' constituencies, dividing the entire notified market area into three portions equally, so far as practicable, shall be constituted. Each of the constituencies shall be a single member constituency for electing representatives of Traders;
(iii) For the purpose of electing a member (or 2 members, if the provisions contained in Section 8(l)(vii) of the Act are to be invoked in case of necessity) from amongst the members of Managing Committee or Boards of Directors of Cooperative Marketing Societies under Section 8(1)(m) of the Act, there shall be one constituency (or 2 constituencies, dividing the entire notified market area equally into 2 parts as far as practicable in case of necessity as narrated above. If so required, each of the constituencies shall be a single member constituency) for the entire notified market area for electing one representative from amongst them. The Chief Executive Officer of the Board shall inform the Election Authority within 7 (seven) days from the date of its constitution whether there is any necessity for forming 2 (two) numbers of constituencies under this clause. If no such information is received from the Chief Executive Officer of the Board within 7 (seven) days from the date of constitution of the Election Authority, it shall be presumed by the Election Authority that there is no such necessity. The Chief Executive Officer of the Board before informing the Election Authority must obtain prior information m this respect before hand from the Managing Director of the State Ware-housing Corporation;
(iv) For the purpose of electing a member of the Concerned Municipal Board or Town Committee or Gaon Panchayat within whose jurisdiction the principal market yard is situated from amongst its members under Section 8(1)(vi) of the Act, the concerned Municipal Board of Town Committee or Gaon Panchayat, as the case may be, shall form one constituency for electing one representative from amongst such members.
(5) The Election Authority will deploy the necessary staff at their disposal for this purpose.
(6) Any communication with the Election Authority shall be made at the official address of the Member-secretary. Any communication on behalf of the Election Authority shall be made by the Member-Secretary.
(7) After formation of constituencies and on its publication, the Election Authority shall undertake the task of preparation of constituency-wise voters' lists under four categories in the following manner-
(i) For 7 numbers of Agriculturists' constituencies, 7 numbers of separate voters' list constituency-wise shall be prepared. Each of the list will contain the names of members of the concerned Gaon Panchayats falling within the constituency as formed and published;
(ii) For 3 numbers of Traders' constituencies, 3 numbers of separate voters' lists shall be prepared separately for each constituency as formed and published. Each of the list shall contain the names of traders holding valid licence of the concerned Market Committee for whose election the list has been taken up for preparation. The trader should be in possession of a valid licence, the validity of which should not have expired already on any date before the election of the Market Committee to make him eligible to be a voter in a traders' constituency. Such a list of traders shall be submitted by the Secretary of the Concerned Market Committee with full address of each (so that the list can be divided constituency-wise by the Election Authority) to the Election Authority under his signature on being requested by the Election Authority for submission of the same within a specified period;
(iii) For the purpose of election one member from amongst the member of the Managing Committee or Board of Directors of the Co-operative Marketing Societies three shall be one voter list consisting of the names of all members of such managing committee or Board of Directors of all the Co-operative Marketing Societies in existence in the notified market area and in case of formation of 2 numbers of constituencies for electing such members from amongst them, the voters' list containing the names of members of such Managing Committee or Board of Directors of the Co-operative Marketing Societies shall be prepared constituency-wise separate from each other. The list of the members of the Managing Committee or the Board of Directors of all the Co-operative Marketing Societies in existence in the notified Market Area shall be submitted by the concerned official of the Co-operation Department under his signature to the Election Authority on being requested for submission of the same within a specified period;
(iv) For the purpose of electing a member of the concerned Municipal Board or Town Committee or Gaon Panchayat within whose jurisdiction the principal market yard is situated from amongst them, the voter list for this constituency shall consist of the names of all members of the concerned Municipal Board or Town Committee or Gaon Panchayat as the case may be.
(8)(i)(a) The candidate for an Agriculturist constituency should be an agriculturist engaged in farming activities within the market area, for the membership of which he intends to contest. A certificate to that effect shall have to be obtained from the concerned Agricultural Extension Officer which should be countersigned by the Concerned Sub-Divisional Agricultural Officer;
(b) The candidate should be a voter of the concerned Gaon Panchayat where he is engaged in farming activities;
(ii) The candidate for a Traders' constituency should hold the valid licence as such from the concerned Market Committee for the membership of which he intends to contest;
(iii) The candidate for constituency meant for members of Managing Committee or Board of Directors of Co-operative Marketing Societies should himself be a member of such Managing Committee or Board of Directors;
(iv) A candidate for the constituency consisting of the entire area of a Municipal Board or Town Committee or Gaon Panchayat shall be a member of the concerned Municipal Board or the Town Committee or the Gaon Panchayat.
(9) Without prejudice to the preceding sub-rule a candidate for any constituency should also confirm to the following-
(i) He should be an Indian Citizen above the age of 21 (twenty one) years on the day of submitting the application for election;
(ii) He should ordinarily reside within the notified Market Area for whose membership he intends to contest;
(iii) He should not be of unsound mind;
(iv) He has not been declared as insolvent or sentenced by a criminal Court whether within or outside the State of Assam for an offence involving moral turpitude during a period of preceding four years from the last day of submitting the application for election;
(v) Has not been removed earlier under Section 30 of the Act.
(10)(i) A voter for any Agriculturists' constituency shall be a member of any Gaon Panchayat falling within the area of that Agriculturists' constituency;
(ii) The voter of the Traders' Constituency shall possess the same qualification as that of a candidate for the election to the Market Committee from the traders' constituency;
(iii) The voter for a constituency for election from amongst the members of the Managing Committee or the Board of Directors of the Co-operative Marketing Societies shall possesses the same qualification as that of a candidate for election to the Market Committee from that constituency;
(iv) The voter for the election from the constituency meant for election of one member from the concerned Municipal Board or Town Committee or Gaon Panchayat, shall possess the same qualification as that of a candidate for election to the Market Committee for that constituency.
(11) Within 15 (fifteen) days from the date of publication of the formation of constituencies under sub-rule (4) the Chairman of the Election Authority shall issue a notification to be published in 2 numbers of vernacular newspapers circulated in that area inviting applications from the intending candidates for election to the Market Committee, constituency-wise specifying the following-
(i) Date or dates of the proposed election;
(ii) The period within which applications along with documents are to be submitted;
(iii) Place or places where and hours of a day between which the applications are to be submitted;
(iv) Place or places, date or dates with hours between which the applications shall be scrutinized;
(v) Time for withdrawal of applications;
(vi) Format in which the applications are to be submitted and the documents to be enclosed with the application.
(i) The name, age, present and permanent address and fathers name of the candidate for election;
(ii) Category and the constituency shall be clearly expressed;
(iii) In case of an Agriculturist, the description, of land in his occupation and cultivation, the description of Agricultural Produce cultivated by him and all the details like serial No., polling station and the Gaon Panchayat constituency in which his name figures as a voter shall be mentioned. In case of a Trader, the full detail of his licence and the description of Agricultural Produce with trading of which he is associated shall be mentioned. In case of a member of the Managing Committee or Board of Directors of a Co-operative Marketing Society, the full description in brief of the activities of his Society along with detail of registration and address and in case of a member of the Gaon Panchayat, Town Committee or Municipal Board, the name and a brief description regarding the places comprised in his constituency shall be given;
(iv) The copy of document in respect of age for all, the copy of document in respect of voter of a Gaon Panchayat and certificate as an Agriculturist in case of an Agriculturist candidate, the copy of valid licence in case of a Trader candidate, the copy of registration certificate of the concerned Co-operative Marketing Society in case of a member candidate of the Managing Committee or Board of Directors of such society, the copy of certificate relating to membership of a Gaon Panchayat, Town Committee or Municipal Board in case of a member candidate of such body shall invariably be enclosed with the application;
(v) Any other matter which may be decided by the Election Authority or copy(s) of any other document that may be required by the Election Authority.
(12) The time, date(s), place and the official responsible for receiving applications for election to the Market Committee from different categories of candidates constituency-wise shall be worked out and finalised by the Election Authority. However, the last date for receiving application for election shall not exceed 15 (fifteen) days from the date of issuance of the notification under the preceding sub-rule. Provided that the time gap between the first day fixed for receiving the application and the last date fixed for the purpose shall not exceed 10 (ten) days.
(13) The Election Authority shall fix a date for scrutiny of the applications received from the intending candidates for election to the Market Committee and shall scrutinise the applications in conformity with this rule so far as eligibility of a candidate and single membership of a constituency are concerned. The scrutiny shall be done in presence of the candidate only. If the candidate is found to be absent on the day of the scrutiny, his application shall be treated as rejected. The Election Authority will invariably mention the date, time, place of the scrutiny and the requirement of the presence of the candidate himself at the time of the scrutiny, in the notification mentioned in sub-rule 11; Provided that the time-gap between the last day fixed for the purpose of receiving application and the day fixed for the scrutiny of the same shall not exceed 3 (three) days.
(14) After the scrutiny, the Election Authority shall prepare the list of candidates category-wise and constituency-wise. If there is not more than 1 (one) candidate for any constituency, the Election Authority shall declare that candidate as elected against that constituency from the concerned category. If there is more than 1 (one) candidate for any constituency, the Election Authority will fix up a date and time for holding election for the same. The Election may be held category-wise and different dates and time may be fixed for different category-wise and different dates and time may be fixed for different categories but within the for different constituencies.
(15) For the purpose of election, the Election Authority shall fix up the date(s) and time for election category-wise and constituency-wise, finalise the design, size, the detail contents and colour of the Voting Paper to be used category-wise and constituency-wise and prepare the same.
(16) Secrecy in respect of voting in to be maintained and for the purpose a separate comer in a room in the Voting Station and a box for putting the Voting Papers are to be kept prepared by the Election Authority.
(17) The manner in which secrecy in respect of voting to be maintained and the manner in which a voter will-express his consent for a candidate shall be decided by the Election Authority.
(18) The Election Authority shall prepare and finalise category-wise and constituency-wise Voting Station; Provided that there shall be only one Voting Station for entire constituency for any category.
(19) The Election Authority shall deploy the necessary personnel for conduct of the poll in a Voting Station and shall provide Voting Paper, Boxes for keeping Voting Papers, Voters' list, list of candidates and any other material that may be required for conducting election in that constituency.
(20) The date, time and the Voting Station fixed for the purpose of election under sub-rule 14, along with the list of candidates category-wise and constituency-wise, are to be published by the Chairman of the Election Authority in the form of a notification in 2 (two) vernacular newspapers circulated in the area; Provided that the date(s) are to be fixed in such a manner that the period between the date of scrutiny and the last date fixed for the purpose of election does not exceed 30 (thirty) days.
(21) The Election Authority shall arrange for declaration of result of the election within 2 (two) days after the day of poll for that constituency and deploy necessary personnel for the same.
(22) The results of the election category-wise and constituency-wise are to be commentated to the Government of Assam in Agriculture Department by the Election Authority forthwith. A copy of the same shall be simultaneously displayed in conspicuous places in the office of the Deputy Commissioner, District Agriculture Officer and the District Level Head of the Co-operation Department of the concerned District. All copies containing the results of election are to be signed by the Chairman and other members of the Election Authority.
(23) Any aggrieved candidate may make an appeal before the Government of Assam in the Agriculture Department for review of the result of election within seven days from the day of declaration. The Government's decision thereon shall be final.
(24) All expenses that may be incurred to implement the provisions contained in these rules are to be normally borne by the respective Regulated Market Committees with the approval of the Board. However, the Election Authority shall have to submit their requisition before hand to the Government of Assam in Agriculture Department and whose decision thereon shall be final including the amount fixed for the purpose.