section 74
Such appeal shall be made within a period of thirty days from the date of the order.
The Gujarat Panchayats Act, 1993Part II TALUKA PANCHAYATS
A member of a panchayat whose office has become vacant under section 32 or
under section 72, shall, if his disqualification or disability has ceased, be eligible for re -election. 75. (1) Any vacancy in the office of a President, Vice-President or a member of a panchayat of which notice has been given to the competent authority in the prescribed manner shall be filled, by the election of a President or Vice-President or a member who shall hold office so long only as the President, Vice-President or member in whose place he has been elected would have held office if the vacancy had not occurred : Provided that if the vacancy of a member occurs within
1[twelve months]
preceding the date on which the duration of the panchayat expires under section 13, it shall not be filled:
2[Provided, however, that vacancy in the office of member, if any, existing on the date of commencement of the Gujarat Local Authorities Laws (Amendment) Act, 2015, may not be filled till the general election is held for re-consituting the panchayat immediately after coming into force of the Gujarat Local Authorities Laws (Amendment) Act, 2015.]
- (2) The meeting for the election of a President or Vice-President under sub-section
- (1) shall be convened by the competent authority on such date as it may fix and the election shall be held in the same manner in which the election of a President or Vice-President is held under 3[section 63] and the provisions of that section shall, so far as may be, apply in respect of such election. 76. (1) No disqulification of or defect in the election of any person acting as a member, President or Vice-President or Chairman or member of a committee constituted under this Act or defect in appointment of presiding autho ity to the first general meeting shall be deemed to vitiate any act or procee ing of the panchayat or of any such commitee, as the case may be, in which theperson has taken part, wherever the majority of persons, parties to such act or proceeding, were entitled to act.
- (2) No resolution of a panchayat or of any committee constituted under the Act shall be deemed invalid on account of any irregularity in the service of notice upon any member, provided that the proceedings of the panchayat or committee, were not prejudicially affected by such irregularity.
- (3) Until the contrary is proved, every meeting of a panchayat or a committee constituted under this Act in respect of proceedings whereof a minute has been made and signed in accordance with this Act, shall be deemed to have been duly convened and held and all the members of the meeting shall be deemed to have been duly qualified ; and where the proceedings are the proceedings of a committee, such committee shall be deemed to have been duly constituted and to have had the power to deal with the matters referred to in the minute.
- (4) During any vacancy in a Panchayat or committee thereof the continuing members may act as if no vacancy had occurred.
1. These words were substituted for the works “four months” by Guj. 15 of 2015, s. 14 (1)(i).
2. This proviso was inserted, ibid., s.14(1) (ii).
3. These words and figures were substituted for the words and figures “section 62”,
ibid., s.14(2). Eligibility of certain members for re-election. Filing up vacancies. Guj. 15 of 2015. Guj. 15 of 2015. Act and proceedings of panchayat and committee not vitiated by disqual- lification, etc. of members thereof.
1993 : Guj. 18] Gujarat Panchayats Act, 1993. 31
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