Amendment status not verified — confirm the current text below against the official source.
Election of Sarpanch and Up-Sarpanch. -(I) In every Gram Panchayat there shall be a Sarpanch and an Up-Sarpanch. A person who- (i) is qualified to be elected as panch: (ii) is i101 a member of either House of Parliament or member of -Slate Legislative-Assembly: and (iii) is not Chairman or Vice-Chairman of Co-operative Society: shall be elected as a Sarpanch. subject to provisions of sub- sections (2). (3) and (4), by persons whose names are included in the list of voters of the Gram Panchayat area in such manner as may be prescribed. (2) (i) Such number of seats of Sarpanchas of Gram Panchayats shall be reserved for Scheduled Castes and Scheduled Tribes in the , Gram Panchayat within the block which be~s the same proportion to the total number of Sarpanchas in the block as the proportion of the Scheduled Castes and Scheduled Tribes in the block bears to the total population of the block: 3[Provided that for the purpose of computing the number of Sar- panch of Gram Panchayat to be reserved for Scheduled Tribes in the block. other than the Scheduled Areas forming part of that block. the PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 , S. 14 -' ", 1 Subs. by M.P. 26 of 1994 J30.5.941. 2 Omitted by M.P. 26 of 1994130.5.941. 3 .Added by MP 43 of 1997 [5-12-19971. (PA)42 S, 13 , ' PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PA)41 , i the Act.] 11(3)xxx) , (4)(i)Seats shall be reserved in every Gram Panchayat for- (a) the Scheduled Castes, and (b) the Scheduled Tribes and tne number of seats so reserved shall bear, as nearly as may be the same proportion to the total number of seats to be filled by direct election In that Gram Panchayat as the population of the Scheduled Castes , or of the Scheduled Tribes in that Gram Panchayat area bears to the total population of that area and such seats shall be allotted by the prescribed authority 2(x x x] to different wards in that Gram Panchayat, in the prescribed manner. (ii) Ina Gram Panchayat where fifty percent or less than fifty percent seats have been reserved both for the Scheduled Castes and Scheduled Tribes, twenty fivepercent seats ofthe total number ofseats shall be reserved for other Backward Classes and such seats shall be allotted by rotation to different wards in that Gram Panchayat by the Collector in the prescribed manner. (5)Not less than 3(haif]ofthe total number ofseats reserved under sub-section (4)shall be reserved forwomenbelongingto the Scheduled Castes or, as the case may be, the Scheduled Tribes or other Backward Classes. . (6)Not less than 4[half]including the,number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and other Backward Classes of the total number of seats to be filled by direct lelection in every Gram Panchayat shall be reserved for women and such seats may.be allotted by the prescribed authority by drawing of lots and by rotation to different wards in a Gram Panchayat in the prescribed manner. 5(xx x) ... ' .6((7) The wards which have no popuiation of Scheduled Castes, Scheduled Tribes or Other Backward Classes shall be excluded for allotment of seats reserved for Scheduled Castes or Scheduled Tribes or Other Backward Classes as the case may be.j COMMENTARY Constitutional validity of provisions as to reservations of con~ stituencies.-Electian for posts of Panch,Sarpanch, members of Janpad Pa:Q~hayats. _Pr<.)Vi~sion~s..t9 reservatipns oLconstituencies for Scheduled ..Castes/Scheduled'Tribesand specialjJravisiahsforelectionofnot less than ._'~"'_"'~'~ .-...~."'~- .••.-_~.. -.- •. _•.••"" •• G.__ •• ) ."..•.• ~"'-"'-""'-;-'.'.'''' .•''. ~'~' " - _,_# • _ 1 Omitted by M.P. 26 of 1994 130.5.941. .2 Words."by rotation"-omttted by M.P,Act 5 of 1999 (5-4. 1999J. 3 Sub. for the word Mone-third" by M.P. Act 18 of 2007 (25-5-2007]. 4 Sub. for the word "one-third" by M.P. Act 18 of 2007 (25-5-2007J. 5 First proviso omitted by M.P.Act 5 of 1999 (5-4-19991 and second proviso omitted by M.P. 26 of 1994 [30.5.941. 6 Ins. by M.P.Act 5 of 1999 15-4-19991, COMMENTARY Constitution of Gram Panchayat.-In the matter of constitution of Gram Panchayat with head quarter at a parti.cular place, the High Court shall not interfere with the decision ofthe State Government. See comments under 8.3. Rajdhar Singh v. State of M.P.• 1995 MPLJ 152 (DB). 8.12 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PA)40