Provided that the person tendering the resignation may withdraw his resignation before it becomes effective.

Filling of vacancies Filling of vacancies — (1)

1. (a) In the event of a vacancy occurring on account of death, resignation, passing of a no-confidence motion against, or removal of an office bearer of a Panchayat before the expiry of his term of office, or his becoming a member of either House of Parliament or of the State Legislative Assembly, it shall be deemed to be a casual vacancy and such vacancy shall be filled, as soon as may be, in accordance with the provisions of this Act and the rules made thereunder by election.
2. (b) In the event of a casual vacancy occurring in the office of Sarpanch of a Gram Panchayat, the Secretary of the Gram Panchayat shall immediately call a special meeting of the Panchayat, which shall not be later than fifteen days from the date of receipt of information from the prescribed authority regarding such vacancy, and the members shall elect one from amongst themselves, who shall temporarily hold the office until the new Sarpanch is elected in accordance with the provisions of this Act and the rules made thereunder, and such substitute Sarpanch shall perform all the functions and exercise all the powers of Sarpanch during the pendency of the election: Provided that if the office of Sarpanch is reserved for a member of Scheduled Castes, Scheduled Tribes or Other Backward Classes or for a woman, the substitute Sarpanch shall be elected from amongst the members belonging to such category: Provided further that if the office of Sarpanch is reserved for a woman of Scheduled Castes, Scheduled Tribes or Other Backward Classes and there is no other woman member of such category who can be elected as substitute Sarpanch, then any other woman member from other reserved categories may be elected as substitute Sarpanch during the period of casual vacancy.
3. (c) If the outgoing office bearer does not immediately handover any record, register, money or property of the Panchayat to his successor, the prescribed authority may, by order in writing, direct him to handover all such record, register, money and property which is in his possession by virtue of his being Sarpanch [or Chairman of Gram Nirman Samiti] and on failure to comply with such direction, the prescribed authority may take action against him in accordance with Section 92 and may take necessary steps to initiate prosecution under Section 98.