section 44
Circle Panchayat, Sarpanch and Naib Sarpanch
The Delhi Panchayat Raj Act, 1954(1) The Chief Commissioner or the prescribed authority shall by a notification in the official Gazette in this behalf, group into a Circle such number of continguous Gaon Sabha Areas as the Chief Commissioner or (2) The Circle Panchayat for each circle shall consist of persons elected in accordance with sub-section (3). (3) Every Gaon Sabha in each Circle shall elect from amongst its members a number of persons of prescribed qualifications to act as panches of the Circle Panchayat of that circle. The number of adults so elected shall be such that from each village in the Gaon Sabha Area two such adults shall be elected where its population is 1,000 or less and there where its population is more than 1,000. The election shall be carried out in the manner prescribed. The panel so elected for each circle shall be called Circle Panchayat. (4) No person shall be elected or remain panch of the Circle Panchayat if he is-(a) unable to read and write Hindi or Urdu; or (b) of unsound mind; or (c) suffering from leprosy; or (d) an undischarged insolvent; or (e) a servant of the Government or any local authority; or (f) convicted under the Untouchability (offences) Act, 1955 or of an offence involving moral turpitude or ordered to give security for good behaviour under Section 110 of the Code of Criminal Procedure, 1898; (5) All the panches shall elect from amongst themselves a person to act as Sarpanch, and another person to act as Naib Sarpanch of the Circle Panchayat. (6) Any dispute arising out of any election under sub-section (3) or (5) shall be referred to the prescribed authority; whose decision shall, subject to revision by the Chief Commissioner, be final and shall not be questioned in a Court of law. (1) If any candidate or his agent challenges the identity of a person, who is applying for a ballot paper and declares that such person has committed the offence of personation, the candidate or the Agent as the case may be shall deposit a sum of Rs. 1 in cash with the Presiding Officer for each such challenge. (2) On such deposit being made, the Presiding Officer shall (a) warn the person so challenged of the penalty for personation; (b) enter his name and address in the list of challenged vote in Form 13; and (c) require him to affix his signature or put his thumb impression on the said list. (3) The Presiding Officer shall thereafter hold a summary enquiry into the challange and may for that purpose require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity. (4) After such enquiry, if the Presiding Officer is of the opinion that the challenge has not been established, he shall allow the person challenged, to vote and if he is further of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to the Gaon Sabha. (5) After such enquiry, if the Presiding Officer is of the opinion that the challenge has been established, he shall not allow the person challenged to vote, and shall return the deposit made under sub-rule (1) to the challenger after the close of the poll on the day on which it was made.
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