Chapter II Chapter II

Establishment and constitution of Panchayats

Establishment of Panchayats and their jurisdiction.—(1) The Government may, by notification in the Government Gazette, establish a Panchayat for any village or group of villages or any part thereof.

1. (3) Whereby notification under [the] jurisdiction of a Panchayat, such area shall [be] included [in the] jurisdiction of another Panchayat, such area shall [be] governed by the rules, bye-laws and regulations [of] the Panchayat concerned [and] the Panchayat shall [have] jurisdiction over [the said area].

Constitution of Panchayats.--(1) Every Panchayat shall consist of such number of Panches not less than seven and not more than eleven as the prescribed authority may, from time to time, determine.

1. (2) Such number of Panches of a Panchayat as the Government may determine shall be elected in the prescribed manner: Provided that the majority of the Panches so elected shall be from amongst the residents of the village or villages for which the Panchayat is established:

Term of office of Panches Term of office of Panches.--The term of office of every Panch shall be five years from the date of the first meeting of the Panchayat:

Qualification of electors Qualification of electors.--Every person who is for the time being entered as an elector on the electoral roll of the State Legislative Assembly for a Panchayat area who is not less than twenty-one years of his age, shall be qualified to be an elector of the Panchayat.

Disqualification for membership.--

1. (b) is in the service of the Government or a local body;
2. (h) has been dismissed from the service of the Government, a local body or a Panchayat;
   • (i) is or has been convicted of--
   • (i) any offence involving moral turpitude;
   • (ii) any offence punishable under the provisions of section 156 of the Code of Criminal Procedure, Svt. 1989.

Sarpanch and Naib-Sarpanch.--(1) Subject to the rules in this behalf, the Panchayat shall elect one of its Panches to be its Sarpanch and another as Naib-Sarpanch.

1. (2) The term of office of the Sarpanch and Naib-Sarpanch shall be the same as that of a Panch.

Suspension and removal of Sarpanch, Naib-Sarpanch and Panches.

Filling vacancies in Panchayat.

Suspension, supersession, etc., of Panchayat.--(1) If in the opinion of the Government a Panchayat is incompetent to perform or persistently makes default in the performance of duties imposed on it by or under this or any other Act or exceeds or abuses its power or should there be any other reason which in the opinion of the Government necessitates the suspension or abolition of a Panchayat, the Government may by notification suspend, or dissolve the Panchayat:

Provided that no order under this section shall be passed unless the Panchayat is called upon to show cause why such an order shall not be passed.

1. (2) When an order under sub-section
2. (1) is passed, the Government may, by order in writing, make arrangements for carrying out the work of the Panchayat for such period as it may specify but not exceeding six months.
3. (3) On the suspension, supersession or dissolution of a Panchayat, under sub-section
4. (1) the following consequences shall ensue :--
   • (a) all members of the Panchayat shall, from the date of the notification, vacate their seats;
   • (b) the funds and other property, if any, vested in the Panchayat shall be disposed of as the Government may direct;
   • (c) all civil and criminal cases pending before such Panchayat shall be disposed of by the Courts competent to take their cognizance.
5. (4) The Government may, at any time within six months, establish another Panchayat in place of any Panchayat suspended, superseded or dissolved under this section.

Finality of orders.--Any order passed under section 10 or section 12 shall be final:

Effect of change in population or inclusion of the area of a Panchayat in municipalities, etc Effect of change in population or inclusion of the area of a Panchayat in municipalities, etc.--If the whole of the area of a Panchayat is included in a Municipality, Cantonment, etc., the Panchayat shall cease and its assets shall be disposed of in the manner prescribed.

Register of voters Register of voters.--(1) The prescribed authority shall cause to be prepared a register to be known as the electoral roll in the manner prescribed, of all persons who are qualified to be voters under this Act. The electoral roll of a Panchayat shall be divided into separate parts for each ward or constituency determined by the prescribed authority: Provided that the Government may direct that the electoral roll or a separate register of voters, the electoral roll of the Parliamentary or Legislative Assembly for the time being in force for the area as the Government may by general or special order specify, in so far as it relates to any part of the constituency of the Assembly relating to such village shall be the list of voters for such Panchayat.

1. (2) The register shall be prepared and published and shall be revised at such time by such authority and in such manner as may be prescribed.

Place of sitting of Panchayat.--The place or places within the Panchayat area shall be fixed by the prescribed authority. The meetings of the Panchayat shall be public and shall be held at least once a month:

Quorum and method of decision Quorum and method of decision.--(1) The quorum for a special meeting of the Panchayat shall be one half and for an ordinary meeting one-third of the total number of members of the Panchayat: Provided, however, that the quorum for an adjourned meeting shall be one-fourth of the total number of the members of the Panchayat.

1. (2) The decision of the majority at any meeting shall be binding in all matters and when the voting is equal the Chairman shall have a second or casting vote.

Chairman of meeting.--At every meeting the Sarpanch, and in his absence the Naib-Sarpanch, and if there is no Sarpanch or Naib-Sarpanch then such Panch as the Panches present may elect, shall preside as Chairman. The Chairman shall preserve order and decide all points of order arising out of or in connection with meetings.

Records and Registers Records and Registers.--The Panchayat shall maintain summary records and registers of its proceedings in the prescribed form.

Removal of difficulty in the establishment and working of Panchayat.--If in establishing a Panchayat or on the working of a Panchayat any difficulty arises regarding the interpretation of any provision of this Act or any rules made thereunder or any matter arising out of or relating to interpretation or any matter not provided in this Act, the case shall be referred to the Government whose decision thereon shall be final and conclusive.

Disputes between the Panchayats.--If any dispute arises between two or more than two Panchayats, it shall be referred to the prescribed authority whose decision shall be final, and shall not be questioned in any court of law.

Application for questioning the elections.--(1) The election of any person as Sarpanch, Naib-Sarpanch, Panch of a Panchayat or as Chairman of Block Panchayat Board or a member of Panchayati Adalat under this Act, shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the ground that--

1. (a) the election has not been free on the ground that the corrupt practice has extensively prevailed at the election; or
2. (b) that the result of the election has been materially affected--
   • (i) by the improper acceptance or rejection of any nomination paper; or
   • (ii) by gross failure to comply with the provisions of this Act or the Rules framed thereunder.

1. (2) The following shall be deemed to be corrupt practices for the purpose of this Act:-- A. Bribery, that is to say, any gift, offer or promise by a candidate or by any other person with the connivance of a candidate of any gratification to any person whomsoever, with the object, directly or indirectly, of inducing--
   • (a) a person to stand or not to stand as, or to withdraw from being a candidate; or
   • (b) an elector to vote or refrain from voting at an election, or as a reward to--
     • (i) a person for having so stood or not stood, or for having withdrawn his candidature; or
     • (ii) an elector for having voted or refrained from voting. B. Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or of any other person with the connivance of the candidate with the free exercise of any electoral right: Provided that without prejudice to the generality of the provision of this clause any such person as is referred to in this clause who--
     • (i) threatens any candidate, or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or
     • (ii) induces or attempts to induce a candidate or an elector to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause.
2. (3) The application under sub-section
3. (1) may be presented by any candidate at the election or any elector within 30 days of the declaration of result, or in such other manner as may be prescribed. Explanation.--Any person who filed a nomination paper whether such nomination paper was accepted or rejected shall be deemed to be a candidate at the election.
4. (4) The authority to whom the application is made under sub-section
5. (1) shall, in the matter of--
   • (i) hearing of the application;
   • (ii) summoning and enforcing the attendance of witnesses;
   • (iii) setting aside the election;
   • (iv) declaring the applicant to be the duly elected candidate whenever such relief may be granted to the petitioner, have such powers as may be prescribed.