Section 11 of The Madhya Pradesh Krishak Sangathan (Nirvachan) Niyam, 1999 — Public notice for election
Bare section text
Official Legislative Text
(1) After the commencement of the Act and upon the expiry of the term of the Water Users Association or upon the post falling vacant due to death, resignation, or recall, a general election shall be held for the purpose of constituting the Water Users Association.(2) For the purpose of sub-rule (1), the Divisional Election Authority, subject to such directions as may be issued by the State Government in compliance with and consistent with the provisions of this Act, shall publish a notice in Form 1 for the conduct of the election of members and President of the Management Committee of the Water Users Association, in accordance with the provisions of the Act and the rules made thereunder and orders issued.(3) The list of defaulters shall be displayed 15 days in advance of the date of publication of the notice in Form 1. Explanation: 'Defaulter' means a person who has not paid the dues payable by him under the Madhya Pradesh Irrigation Act, 1931 (No. 3 of 1931) for a period of 3 years or more.(4) Upon the issuance of notice under sub-rule (2), the Returning Officer shall give public notice in Hindi in Form 2 for the election of the Water Users Association, which shall be published in such places and in such manner as the Returning Officer may direct.(5) The dates fixed for various stages of the election shall be subject to the following: (a) The last date for filing nomination papers shall not be earlier than four days and not later than ten days after the publication of the notice specified in sub-rule (2), regardless of whether it is a public holiday or not; (b) The date of scrutiny of nomination papers shall be the day immediately following the last date for filing nomination papers, regardless of whether it is a public holiday or not.
Educational Study Layer
Summary
- General elections for the Water Users Association are held after the Act begins, when a term ends, or if a seat becomes empty because of death, resignation, or a recall.
- The Divisional Election Authority must publish an election notice for the Management Committee members and President using Form 1.
- A list of people who have not paid their irrigation dues for 3 years or more must be displayed at least 15 days before the Form 1 notice is published.
- The Election Officer provides a public notice in the Hindi language using Form 2 at important local spots.
- Officials must check the nomination papers on the very next day after the filing deadline, even if that day is a public holiday.
Practical examples
FAQ
1. What specific events trigger an election under Section 11?
Under Section 11 of this Act, elections happen when the Act first starts, when a current term expires, or if a vacancy is created by a member dying, quitting, or being removed through a recall.
2. Who is legally considered a defaulter who must be listed before an election in Section 11?
According to Section 11, a defaulter is any person who has failed to pay money owed under the 1931 Irrigation Act for a period of 3 years or longer.
3. How much advance notice is required for the list of unpaid dues under Section 11?
Section 11 requires that the list of people with unpaid dues must be shown to the public 15 days before the official election notice in Form 1 is published.
4. If the deadline to check nomination papers falls on a Sunday, is it moved to Monday under Section 11?
No, Section 11 states that the scrutiny of nomination papers must happen on the day immediately following the filing deadline, even if it is a public holiday.
Practice Quiz
Q1.An election notice is published on the 10th of the month. According to the timeline in Section 11, which of these is the latest possible date allowed for the deadline to file nominations?
Q2.A farmer named Suresh has not paid his irrigation fees for exactly 2 years. Under Section 11, should his name appear on the public list of defaulters displayed before the election?
Q3.The final day to submit nomination papers is Thursday, June 5th. According to Section 11, when must the Election Officer perform the scrutiny (the formal check) of these papers?
Q4.Under Section 11, what is the required language and location for the public notice issued by the Election Officer?
Q5.A vacancy occurs because a member of the Water Users Association is "recalled." Does Section 11 require an election to be held?