Regarding reservation for the post of Panchayat Samiti Chairman.

RNI No. MAHBIL /2009/37831 | -kale bhijh 18:15] | b 11 b0k | L I l | -kate bhih Ikalbb (b LB lralkb BB W L B [l lajie L |-kl | ikl | Rl e k | ikl b a f B l e D B l I3 I I3 L l b b b l Delih I a l k b l b l k a l k b l b g o o b3 B o t B o o b zh i A o o o R x o o o o o s o o LBl k k LBl L B [Pt Bl | PBEKELL P l phjhble e e e e B I JUSTHEES Bhibble | el N P H - s T | IWIIVIVNVWHVVIIWWI” = E 5 =3 R | 3 § ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE. MAHARASHTRA ZILLA PARISHADS 1{(PRESIDENT, VICE-PRESIDENT AND CHAIRMEN OF SUBJECTS COMMITTEES)] AND PANCHAYAT SAMITIS 2[(CHAIRMAN AND DEPUTY CHAIRMAN)] *[(RESERVATION OF OFFICES AND ELECTION)] RULES, 1962 G.N., C. & R.D.D., No. ZPR. 5462 dated ath July, 1962 dated dated 319 January, 1987. 10th February, 1995. 17th May, 1996. 21st September, 1996. Amended by Mah. Act 20 of 1997 Secs. 7 & 8, dated 12th April, 1997. Subs. by G.N. of 13.8.1962. THE MAHARASHTRA ZILLA PARISHADS AND PANCHAYAT SAMITIS < ES 2-E. Reservation of Offices for electi ¢ e Samitis.—Subject to the provisions of sub—schctou'nmo (’:5)(:()hfa Slxrm'a“ o Panch,, the State Gnv(ernment shall, by notification in the Officiy I(Gcn(m 7 of the i number of offices of Chairman of Panchayat Samitis in thnc&,‘ ता SPecify for the Sc.heduled Castes, the Scheduled Tribes, the त tobe vaes _Class of citizens (including Vimukta Jatis and Nlnmadic T%_bory of Backward (including the women belonging to such Castes, Tribes आती न नो S > ca 1 ; : e च [Provided that, the office of the Chairperson of a Pandmwglnrsy). v Amiti comprising entirely the Scheduled Areas shall be reserved belonging to the Scheduled Tribes. : only for the Persong 2-F. Manner of allotment and rotation o i i Panchayat Samiti for 2[Scheduled Castes and Scfheodfll.llmeedS Ton‘fbcehsa‘man o provided in Section 65], allot the offices of Chairman to be reserved fem] < Sc'h‘edulc-d Castes, the Scheduled Tribes, the category of Backward ClaOr - Clhz‘ens (including Vimukta Jatis and Nomadic Tribes), and wome55 o specified under Rules 2-E to districts as follows : e (ब) The offices to be reserved for the Scheduled Castes and the Scheduled Tribes in each District shall ७९ allotted in such manner that such reservation shall bear, as nearly as may be, the same proportion to the total number of offices of Chairmen in the District as the population of Scheduled Castes and Scheduled Tribes in that district bears to the total population of that District : (b) The offices to be reserved for category of Backward Class of Citizens (including Vimukta Jatis and Nomadic Tribes) in each District shall as far as practicable, be allotted in proportion of twenty seven percent of the total number of offices of Chairmen in that District. (c) The offices to be reserved for women (including the women belonging to the Scheduled Castes, the Scheduled Tribes) and the Category of Backward Class of Citizens (including Vimukta Jatis and Nomadic Tribes in each District shall, as far as practica‘ble, be allotted in proportion of 4[one-half] of the total number of offices of Chairman in that District. o istri ify, the offices 0 (2)(a) The Collector shall, by order distribute and notify, 5 Chairman of Panchayat Samitis for the persons belonging to the [म Castes] in a descending order beginning with the Panchayat प क : percentage of population of the area of such Panchayal Samiti is the //T 2? .. COMMITTEES) ....... (RESERVATION. Sl 4 ile Totatin; (७) Notwithstanding anything contained in clause (Pa)/ (,h'wahlalte Samilis,g such offices 2[for the subsequent terms], the ] an yl' ol where such offices have been already res'er'vd [fp et e 4[for such Castes] shall be excluded, until in all Panc B subject to first proviso to clause (a) above, reservation 0! iven by rotation. e 3) (ag) TheCyollectur shall, by order distribute and notify, फट न the Panchayat Samiti where the percentage of population र त 1 न the total population of the area of such Panchayat Samili is the highest : S[Provided that,] while allotting such offices, the offices already reserved for Scheduled 4|Castes) shall ७९ excluded; (७) Notwithstanding anything contained in clause (a), while 70६२४7६ such offices for reservation 7[for the subsequent terms,] the Panchay4at Samitis, where such offices, have been already reserved 8for earlier terms) [for डप्ली Tribes], shall ७९ excluded until in all Panchayat Samitis, su‘bject to first proviso to clause (a) above, reservation of offices is given by rotation. (4)(a) The Collector shall, by order distribute and notify. the ०(॥०९5 to ०९ reserved for the category of Backward Class of Citizens (including Vunuuksta*]a*hs and Nomadic Tribes) by drawing lots amongst the Panchayat Samitis e e k) in that District : Provided that, while allotting such offices, for reservation, the offices already reserved for *[the Scheduled Castes or the Scheduled Tribes] shall be excluded; (७) Notwithstanding anything contain in sub-clause (a), the offices of the Chairman of the Panchayat Samitis to be reserved 7[f0r the subsequent terms], the Panchayat Samitis where such offices were already reserved %[for earlier 1. Firstand Second provisos were deleted by G.N. of 16.1.1996. 2. These words were substituted for the words पा the subsequent election”” by Mah. 34 of 1997, Sec. 16 (b)(1). 3. These words were substituted for फिट words “in earlier election” by Mah. 34 of 1997, Sec. 16(b)(2). 6. Deleted by GN. of 16.1.1998. 7. Subs. for the words ““in the subsequent elections” by Mah. 34 of 1997, Sec. 16(c)(1). 8. Subs. for the words ““in the subsequent elections” by Mah. 34 of 1997, Sec. 16(c)(2). १9. Subs. 07 the words ““in earlier elections” by Mah. 34 of 1997, Sec. 16(c)(2). 384 THE MAHARASHTRA ZILLA PARISHADS AND PANCHAYAT SAMITIS RULES : - ‘—‘\\lfi % | terms] for such category shall be excluded until in all I’rmrhuyul Sami ! = - ; ह - ’ o कापड - to first proviso to clause (a) above, reservations of office is give, 2 s“bl“fl 0 . T by TOta; (5)(a) The Collector shall, by order distribute and notify the off: every term] (७ be reserved for the women (फत luding the wnm(.n(b(;]mm“\ for the Scheduled Castes, the Scheduled Tribes भात the category of H"nginx to Class of citizens (including Vimukta Jatis and Nomadic Tribes) b Elck""am 105 amongst the शिवना Samitis *[* * * | of that District : L4 drawing Provided that, the lots in respect of the women b‘»"““;;ing tis 2 Scheduled Castes, the Scheduled Tribes), and फिल category of |‘Ja‘k\~ard0 (hhr-. of citizens (including Vimukta Jatis and Nomadic Tribes) shall be drawn 14% amongst the Panchayat Samitis where offices of Chairman are reserved for :nl‘/ Tribes or Castes or as the case may be category : ek v ५0) Notwithstanding anything contained in sub-rule (1), while Totatin, such offices for women for such category in the subsequent terms, हर Panchayat Samitis, where such offices were already been reserved in earligr terms of such category for women shall be excluded until in all Panchaya', Samitis reservation of offices is given by rotation.] " 4[(6) Notwithstanding anything contained in these rules, if the office of the Chairman of Panchayat Samiti is reserved for the Scheduled Castes, the Scheduled Tribes ठा, as the case may ७९, the category of Backward Class of Citizens (including Vimukta Jatis and Nomadic Tribes); and no Elected member belonging to such Castes, Tribes or, as the case may be, the category of Backward Class of Citizens is available, then such office for the same tenure shall be allotted by draw of lots to any of the categories for which the office of Chairman may be reserved under Section 67 of the Act : > Provided that, in case where there is only one elected member belonging to particular category for which such office has been reserved and has filed the nomination form, then such office shall declare for such member, and if there are one or more elected members of such category and none of them has filed the nomination form, then such office for the same tenure, shall be allotted by draw of lots to any of the categories for which the office of the Chairman may be reserved under Section 67 of the Act : Provided further that, in a case where the office of the Chairman 15 reserved for women belonging to the Scheduled Castes or the Scheduled Tribes, or, a5 the case may be, the category of Backward Class of Citizens and no elected womat member belonging to such Castes or Tribes or, as the case may be, the category of Backward Class of Citizens is available, then the office of Chairman, for the same tenure, shall be treated as (i) if originally reserved for women belonging Ins. by Mah. 34 of 1997, Sec. 16(e)(1). Subs. by G.N. of 1611998, Deleted by G.N. of 16.1.1998. i e l /T HE he Scheduled Castes then for the Sched uled haste,f(u) []hf orslcghxendalul]yerde e ibes, then for the to the Scheduled Tribes S क ल tot for women belonging N and (प) if originally reserved for women belonging t Citizens, then for the Backward Class of Citizens.] COMMENT validity of prescribing of reservation for post n_f Chairman of pavwhuyut samiti—In Harichand दादा Kumbhar v. State of M_ahnru.t;hlm वणव others. reservation was prv.«‘rilwd for post of Chairman. panchayat Samiti for 2014 in favour of Scheduled Caste (Women) category. On first occasion seat of Chairman of Panchayat 1s reserved for Scheduled Caste Category. During second round of rotation in 11 also it was reserved for Scheduled Caste Category considering the availability of data of population of Scheduled caste person in said taluka. 1t was found that in pulation of Scheduled census ligure of 2011 there 15 no change पा situation that 1001] Caste category in district. and therefore it was obligatory on the part of State Government to follow Rule 2-F and exclude office of Chairman of said Panchayat Samiti from prescribing reservation for said category during 2014-2017 term. however same \was not done and therefore reservation for Scheduled Caste (Women) category in respect of office of Chairman of Panchayat Samiti for year 2014 15 erroneous and contrary to provisions of rules and deserves to be set aside. 2-G. Tenure of the reservation of offices of Presidents of Zilla Parishads and Chairmen of Panchayat Samitis.—The Zilla Parishad or the Panchayat Samitis as the case may be, in which the office of the President or Chairman has been reserved for any Caste, Tribe or the Category of Backward Class of Citizens (including Vimukta Jatis and Nomadic Tribes) or the women, of citizens (including Vimukta Jatis and Nomadic Tribes) or the women it shall continue to be reserved for the full 2[for the term as provided in Sections 43 and 65.] 2-H. Preparation of Roster for Reservation.——3[(1) Roster shall be prepared for a period of five years, commencing from the twenty-third of April 1994 for the reservation to the offices of President of Zilla Parishads by the State Government and for the reservation to the offices of Chairman of Panchayat Samitis by the Collector of that District for the Scheduled Castes, the Scheduled Tribes and the category of Backward Class of Citizens (including Vimukta Jatis and Nomadic Tribes) and women :| Samiti yed न 4[Provided that, the roster prepared for a period of five years commen- cing from the 23rd April, 1994 shall remain in force only upto and inclusive of the date of expiry of the term of the Zilla Parishads or as the case may be, the Panchayat Samitis existing immediately prior to the date of this amendment.] [(2) Subject to the reservations alread y made under the roster prepared under sub-rule (1) subsequent period shall be for every term of one year, 2. 10656 words were substituts 5 i it स व ituted for the words “tenure of that Parishad or Samiti” by 3. Sub-rule (1) was renumbered there of by Mah. 34 of 1997, Sec. 8 The existing Rule 2-H e रा e 2-H shall ७९ renumbered as sub-rule (1) thereof and after 286 THE MAHARASHTRA ZILLA PARISHADS AND PANCHAYAT SAMITIS RULES s m 14th March, 1997, in so far as it relates to the officeg of g, o s and from the 218 March, 1997, फ़ so T ent of Zilla Parishad.] 'IProvided that, after creation of New Zilla I’flris_‘h_ads under Section ¥ the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, the i of shall be prepared for all Zilla Parishads inc‘luding newly constituteq टी Parishads and the said roster shall be applied to newly constituteq Z]-a Parishads from the date of its constitution and for the remaining Zilla Parfshada s after the expiry of the date of earlier roster said principle shall apply to the newly constig, ation of the Offices of Chairman of Pam-;,,,yql commencing fro Chairman of Panchayal Sam relates to the offices of Presid as Provided further that, पीट Panchayat Samitis for the reserv, Samitis.] COMMENT is permissible in case of non- availability —1It was held that in the election of Chairman o served category is not available, then the dray tegories of reserved class for which the offie Maharashtra Zilla Parisha Allotment by draw of lots candidate from reserved category. Panchayat Samiti if candidate from the re of lots will have to be drawn from the cal of the Chairman would be reserved under Section 67 of and Panchayat Samitis Act, 1961.% 3. Filing of nominations.—Not less than tw fixed for the meeting for the election of a President, any Councillor having 5 right to vote may nominate any other Councillor, who is eligible for being elected as President by delivering to the Officer Presiding a nomination paper, completed in the relevant form appended to these rules : 3[Provided that, if only one Councillor are elected from the reserved category for which the office of the President is reserved then there shall be no need of the proposer at the time of filling nomination : o hours before the tima Provided further that, if two or more Councillors are elected from the reserved category for which the office of the President is reserved, then the nomination forms of the Councillors who get the proposer shall only be accepted : Provided also that, if two or more Councillors are elected from the reserved category for which the office of the President 15 reserved and 0016 of them have got any proposer, then nomination forms of all such Councillors shall be accepted.] —No Councillor 4. C'ouncillors to nominate not more than one Candidate. shall nominate under Rule 3 more than one candidate for the office of the President : 2. Vitthal 5/0 Dattu Gore v. State of Maharashtra and others, 2010 0) Mh Ly 739: 2000 SIDENT... COMMITTEES) ... (RESERVATION.... BLECT! RO Provided that, if a Councillor has nominated more lha_n न ग for the office of the President, the nomination तली is received firs! ¥ Officer Presiding shall alone be taken into consideration for scrutiny. After the commencement of the all nomination papers delivered 5. Scrutiny of nominations, सर meeting, the Officer Presiding shall serutinise ‘ouncillors present at such f to him under Rule 3, and shall read out to the € Councillors who in his opinion have been duly | ) meeting, the names of the pominated together with those ol the proposers. ure—(1) Any candidate withdraw his १त by him and delivered to the Officer [5-A. Withdrawal of candidat rs under Rule 5. candidature by notice in writing, subscribe Presiding immediately after the scrutiny of nomination papes (2) The notice may be given either by the candidate in person or by his proposer who has been authorised in this behalf in writing by the candidate. (3) No person who has given a notice of withdrawal of his candidature under sub-rule (1) shall be allowed to cancel the notice. as to the genuineness delivering it under (4) The Officer Presiding shall, on being satisfied ing the names of of a notice of withdrawal and the identity of the person sub-rule (1), read out to the Councillors present at such meet: the persons withdrawing their candidature.] (6. Procedure for election.—(1) If only one candidate has been duly Lfl(\minamd for the office of the President, he shall be declared to have been duly elected as the President. (2) If more than one candidate have been so nominated, the Officer presiding shall, arrange the names of the contesting candidates in alphabetical serial. (3) The Officer Presiding shall, announce the name of each contesting candidate in the alphabetical sequence and shall record voting by show of hands. The names of the Councillors who have voted in favour of that candidate shall be recorded in the minutes. The Officer Presiding shall decide the manner of recording of the proceedings in writing and also record the proceedings by way of videography to ensure free and fair elections. (4) उ11ट Officer Presiding shall ensure that every Councillor who desires to cast his vote has been given fair and reasonable opportunity to cast his vote and पट एट so casted has been recorded properly against the name of the candidate in whose favour the vote is casted. The Councillor, whose vote is recorded once, shall not be allowed to re-cast or change his vote. . (5) The (तटा Presiding, shall record the names of the Councillors who ave voted or abstained from voting and shall announce the number of valid votes secured by each contesting Councillor. The Officer Presiding shall then 1. Inserted by G.N. of 21.4.1965. 2. Subs. by Noti. No. ZPE 2005/CR-7/PR-2, dated 15.2.2005.