Election of Sarpanch and Up-Sarpanch

Election of Sarpanch and Up-Sarpanch.

1. (1) There shall be a Sarpanch and an Up-Sarpanch for every Gram Panchayat. A person who—
   • (i) is eligible to be elected as a Panch;
   • (ii) is not a member of either House of Parliament or a member of the State Legislative Assembly; and
   • (iii) is not a President or Vice-President of any Co-operative Society, shall, subject to the provisions of sub-sections (2),
2. (3) and (4), be elected as Sarpanch by persons whose names are included in the voters list of the Gram Panchayat area in such manner as may be prescribed. (2)
   • (i) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Gram Panchayat for the office of Sarpanch and the number of such seats shall bear, as nearly as may be, the same proportion to the total number of offices of Sarpanch in the block as the population of the Scheduled Castes and the Scheduled Tribes in the block bears to the total population of the block: Provided that for the purpose of calculating the number of seats to be reserved for Scheduled Tribes in a block other than a block falling within the Scheduled Areas, the total population of the Scheduled Areas within the block and the population of Scheduled Tribes therein shall be excluded.
   • (ii) In a block where the combined population of Scheduled Castes and Scheduled Tribes is fifty percent or less, twenty-five percent of the total seats of the office of Sarpanch in the block shall be reserved for Other Backward Classes and such seats shall be allotted by the Collector in the block to different Gram Panchayats in rotation in the prescribed manner.
3. (3) Not less than one-half of the total number of offices of Sarpanch in the block shall be reserved for women.
4. (4) The offices of Sarpanch reserved under this section shall be allotted by the prescribed authority to different Gram Panchayats in the block in rotation in the prescribed manner: Provided that the Gram Panchayat which has no population of Scheduled Castes or Scheduled Tribes or Other Backward Classes, as the case may be, shall be excluded from the allotment of offices of Sarpanch reserved for such castes or tribes or classes.
5. (5) The State Election Commission shall, immediately after each general election of Panchayats, ensure the election of Up-Sarpanch of Gram Panchayats in such manner as may be prescribed.
6. (6) If the Sarpanch of a Gram Panchayat is not a member of the Scheduled Castes, Scheduled Tribes or Other Backward Classes, the Up-Sarpanch shall be elected from amongst the Panchas of such castes or tribes or classes.
7. (7) If a Sarpanch or Up-Sarpanch becomes a member of either House of Parliament or a member of the State Legislative Assembly or President or Vice-President of a Co-operative Society, he shall be deemed to have vacated his office as Sarpanch or Up-Sarpanch, as the case may be, from the date on which he becomes such member or President or Vice-President and the office shall be deemed to be casual vacancy for the purpose of section 38.
8. (8) Notwithstanding anything contained in this section, a Sarpanch shall be deemed to be a Panch of the Gram Panchayat for all purposes of this Act.