Chapter VII CONSTITUTION OF TALUK PANCHAYAT

119. Establishment of Taluk Panchayat and its incorporation. - (1) For each Taluk, there shall be a Taluk Panchayat having jurisdiction, save as otherwise provided in this Act , over the entire Taluk excluding such portions of the Taluk as are included in a 1[smaller urban area]1 or are under the authority of a municipal corporation, 1[a Town Panchayat or an Industrial Township]1 constituted under any law for the time being in f orce: Provided that a Taluk Panchayat may have its office in any area comprised within the excluded portion of the Taluk and in such area may exercise its powers and functions over schools , 1[hospitals]1 and other institutions under its control or management. 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016. (2) Every Taluk Panchayat shall be a body corporate by the name of "...................... Taluk Panchayat", shall have perpetual succession and a c ommon seal and subject to such restrictions as are imposed by or under this or any other enactment, shall be vested with the 100 capacity of suing or being sued in its corporate name, or acquiring, holding and transferring property, movable or immovable, wheth er without or within the limits of the area over which it has authority, of entering into contracts and of doing all things, necessary, proper and expedient for the purpose for which it is constituted.

120. Constitution of Taluk Panchayat. - (1) Every Tal uk Panchayat shall consist of, - (i) the elected members as determined under section 122; (ii) the members of the House of People and the State Legislative Assembly representing a part or whole of the Taluk, whose constituencies lie within the Taluk; (iii) the members of the Council of States and the State Legislative Council who are registered as electors within the Taluk; and (iv) one-fifth of the Adhyakshas of the Grama panchayats in the Taluk 2[of whom one shall be a woman and one each from the s cheduled castes and the scheduled tribes ]2 by rotation for a period of one year as the 1[Adhyaksha of the Taluk Panchayat]1 may determine by lot: 2. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016. Provided t hat an Adhyaksha who was a member under this clause for one term shall not be eligible to become member for a second term during the remainder of his term of office as Adhyaksha. 1[(2) The members of the House of people, the State Legislative Assembly, t he Council of States and the Legislative Council and the Adhyaksha of the Grama Panchayats referred to in clauses (ii), (iii) and (iv) of sub -section (1) shall be entitled to take part in the proceedings of, and vote at, the meetings of Taluk Panchayat ex cept at a special meeting convened for the purpose of election of Adhyakshas and Upadhyakshas under sub -section (1) of section 138 or for considering a no confidence motion under sub -section (3) of section 140.]1 (3) Notwithstanding anything contained in this section or sections 122,123 and 124 but subject to any general or special orders of the Government, where two -thirds of the total number of members of any Taluk Panchayat required to be elected have been elected the Taluk Panchayat shall be deemed to have been d uly constituted under this Act.

4[3[2[1[121. Elected Members. - The number of elected members of a Taluk Panchayath as far as possible shall consist of members elected from the territorial constituencies in the Taluk as may be notified from time to time by the Government on the basis of rural population or thereof, as below, - (i) Taluks having a rural population exceeding 5[two lakhs thirty thousand]5, there shall be one elected member for every population of not less than twelve thousand; (ii) Taluks having a rural population exceeding one lakh, but not exceeding 5[two lakhs thirty thousand]5 there shall be one elected member for every population of not less than ten thousand and there shall be a mini mum of eleven elected members; 101 (iii) Taluks having a rural population exceeding fifty thousand but not exceeding one lakh, there shall be a minimum of nine elected members; and (iv) Taluks having a rural population less than fifty thousand , there shall be a minimum of seven elected members. ]1]2]3]4 4. Substit uted by Act 19 of 2022 w.e.f. 05 .04.2 022. Provided that in Taluks having a population of not exceeding one lakh, there shall be a minimum of eleven elected members.

122. Determination of elected members after each census. - Upon the publication of the figures of each census, the number of elect ed members of a Taluk Panchayat 1[shall be determined by the 2[3[Government]3]2]1 on the basis of the population of the Taluk as ascertained at that census: Provided that the determination of the number as aforesaid shall not affect the then composition of the Taluk Panchayat until the expiry of the term of office of the elected members then in office.

123. Reservation of Seats. - (1) Seats 1[shall be reserved by the 2[3[Government]3]2]1 in a Taluk Panchayat, - (a) for the Scheduled Castes; and (b) for the Scheduled Tribes; and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Taluk Panchayat as the population of the Scheduled Castes in the Taluk or of the Scheduled Tribes in the Taluk bears to the total population of the Taluk: 1[Provided that at least one seat each shall be reserved in a Taluk Panchayat for the persons belonging to the Scheduled Casts and the Scheduled Tribes.]1 (2) Such number of seats which shall, as nearly as may be one -third of the total n umber of seats in a Taluk Panchayat 1[shall be reserved by the 2[4[Government]4]2]1 for persons belonging to the Backward Classes. 3[But the number of seats reserved for the Backward Classes under this sub -section shall be so determined, that the total nu mber of seats reserved for the Scheduled Castes and the Scheduled Tribes under sub -section (1) and the Backward Classes under this sub -section shall not exceed fifty per cent of the total number of seats in the Taluk Panchayat.]3 102 1[Provided that out of the seats reserved under this sub -section eighty per cent of the total number of such seats 2[shall be reserved by the 3[4[Government]4]3]2 for the persons falling under category ‘A’ and the remaining twenty per cent of the seats 2[shall be reserved by the 3[4[Government]4]3]2 for the persons falling under cat egory ‘B’.]1 (3) Not less than 3[fifty percent]3 of the seats reserved for each category of persons belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and those of the non -reserved seats in a Taluk Panchayat 1[shall be reserved by the 2[5[Government]5]2]1 for women 4[subject to an ov erall limit of one half rounding of to the next number]4: 4. Inser ted by Act 17 of 2015 w.e.f. 30.04.2 015. Provided that the seats reserved under sub -sections (1), (2), and (3) shall be allotted by rotation to different constituencies in the Taluk 1[and such rotation shall be continued for a period of 2[five years]2]1: Provided further that nothing contained in this section shall be deemed to prevent the persons belonging to the Scheduled Castes or Scheduled Tribes or Backward classes or women for whom seats have been reserved in a Taluk Panchayat fro m standing for election to the non -reserved seats in such Taluk Panchayat.

124. Delimitation of territorial constituencies. - 1[The 2[Government ]2]1 shall, by notification, - (a) divide the area within the jurisdiction of every Taluk Panchayat for the purpose of elections to such Taluk Panchayat into as many single member territorial constituencies as the number of members required to be elected under section 122. (b) determine the extent of each territorial constituency; and (c) determine the territorial constituency 1[XXX]1. 103

125. Right to vote. - (1) Every person whose name appears in the voters list relating to a constituency shall, subject to the other provisions of this Act, be entitled to vote at any election which takes place in that constituency whil e the voters list remains in force and no person whose name does not appear in such voters list shall vote at any such election. (2) No person shall vote at an election under this Act in more than one constituency or more than once in the same constituenc y and if he does so, all his votes shall be invalid. 1[(3) It shall be the duty of every person whose name appears in the voters list of a Taluk Panchayat to vote at the election of panchayat and it shall be compulsory, however, he will be free to cas t his vote in favour of none of the candidates contesting election as indicated in sub-section (4). (4) If Election Commissioner makes a suitable provision, the qualified voter shall cast his vote in favour of none of the candidates contesting at the elec tion, in case where he does not want to cast his vote in favour of any candidate. ]1

126. List of voters. - (1) Subject to the provisions of sub -section (2), the electoral roll of the Zilla Panchayat for the time being in force for such part of the constituency shall be deemed to be the list of voters for such Taluk Panchayat constituency. (2) No amendments, transposition or deletion of any entry in the electoral roll of the Zilla Panchayat made after the las t date for making nominations for an election in any Taluk Panchayat constituency and before the completion of such election shall form part of the list of voters for such election for the purpose of this section. 1[(3) The Tahsildar concerned shall prepa re in the prescribed manner a list of voters for each Taluk Panchayat constituency and the Executive Officer of the Taluk Panchayat shall maintain a copy of such list.]1

127. Qualifications of a candid ate.- (1) A person shall not be qualified to be chosen to fill a seat in a Taluk Panchayat unless his name is included in the list of voters of the Taluk Panchayat for the time being in force in the Taluk. (2) A person shall not be qualified to be chosen from a territorial constituency to fill a seat in a Taluk Panchayat unless in the case of a seat reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes or women, such person is a member of those castes or classes or is a woman.

128. Di squalification for members. - (1) A person shall be disqualified for being chosen and for being member of a Taluk Panchayat, - (a) if he is so disqualified by or under any law for the time being in force for the purposes of the elections to the State Legis lature: Provided that no person shall be disqualified on the ground that he is less than twenty five years, if he has attained the age of twenty -one years; (b) if he is disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1 987; or (c) if he has been sentenced by a criminal court to imprisonment for a term exceeding three months in respect of an offence under the Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966), such sentence not having been subsequently reversed or quashed or the offence pardoned; or 104 (d) if an order has been passed against him under section 117 of the Code Of Criminal Procedure, 1973 (Central Act 2 of 1974) in proceedings instituted under section 110 of the code, such order not having been subsequent ly reversed or quashed; or (e) if he has been dismissed from service under any local authority; or 2[(e-1) if he has been subject to compulsory retirement or removal or dismissal from the service of the Central Government or the State Government; or. (e-2) if he has been subject to compulsory retirement or removal or dismissal from the service of the Co -operative Society and institutions or if, he has been removed from the post of Chairperson and membership of the Co -operative society and institutions ; or]2 (f) if, having been a legal or medical practitioner or a chartered accountant he has been disenrolled or suspended by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or (g) if he has been removed from membership of any local authority; or (h) if he holds any office of profit under any local or other authority subject to the control of the Central Government, the Government of Karnataka or the Government of any other State, other than such offices as are declared by rules made under this Act not to disqualify the holder. Explanation .- For the purpose of this clause a person shall not be deemed to hold an office of profit under the Zilla Panchayat, Taluk Panchayat or G rama Panchayat by reason only that he is a Adhyaksha or Upadhyaksha of Zilla Panchayat, Taluk Panchayat or Grama Panchayat, - (i) if save as hereinafter provided, he has directly, any share or interest in any work done by order of the Taluk Panchayat or i n any contract or employment with or under or by or on behalf of the Taluk Panchayat, 1[or if he is either directly or indirectly by himself or by his agent or partner or employee involved in obtaining or execution of any such work or contract on behalf o f the Taluk Panchayat or of any contract for the supply of any goods and services to the Taluk Panchayat.]1 or 2. Inse rted by Act 19 of 2022 w.e.f. 05 .04.2022. 1[(j) if he does not have a sanitary latrine for the use of the members of his family: 2[Provided that nothing in this clause shall apply to a person, if at the time of filing his nomination he gives an undertaking to construct within one year from the date of commencement of his term of office as a member, a sanitary latrine for the use of members of his family and also complies with such undertaking after becoming a member]2]1 1[(J-1). If he is di squalified under section 308C or]1 1[(k)]1 if he is employed as paid legal practitioner on behalf of the Taluk Panchayat or accepts an employment as legal practitioner against the Taluk Panchayat: 1. Renumbere d by Act 29 of 1997 w.e.f. 20.10.1997. 1[(l) if he is found guilty, directly involved in any act of misuse or abuse of power or authority as member of the panchayat in executing any scheme, plan or project of the panchayat or of misappropriation of funds o r other assets of the panchayat during the term 105 of his membership or while holding any office of panchayat.]1 Provided that, - (a) the disqualification in clause (d) will cease to operate a fter the expiry of the period during which a person is ordered to furnish security; (b) the disqualification in clauses (c), (e), or (f) will cease to operate after the expiry of five years from the date of such sentence, dismissal or disenrollment or rem oval; (c) the disqualification in clause (g) will cease after the expiry of five years from the date of such removal; 1[(cc) the disqualification under clause (j -1) will cease to operate 2[after expiry of six years ]2 from date of order by the State Elect ion Commission under section 308C.]1 (d) a person shall not be deemed to have incurred disqualification under clause (i) by reason of his, - (i) having a share in any joint stock company or a share or interest in any association registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960) or in any co -operative society, which shall contract with or be employed by or on behalf of the Taluk Panchayat, or (ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Taluk Panchayat is inserted, or (iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Taluk Panchayat. 1[(e) the disqualification under clause (l) shall cease to operate after the expiry of six years from the date of the order.]1 1[(2) If a person who is chose n as a member of a Taluk Panchayat is or becomes a member of the House of the People, the Council of States, the State Legislative Assembly, the State Legislative Council, or is or becomes a Municipal Councillor or a Councillor of a Municipal Corporation o r a Councillor of a Town Panchayat, or a member of a Zilla Panchayat or Grama Panchayat then at the expiration of a period of fifteen days from the date of notification of the names of the members under section 133, or as the case may be, within fifteen da ys from the date of commencement of term of office of a member of the House of the people, the Council of states, the State Legislative Assembly or the State Legislative Council or a Municipal Councillor or a Councillor of a Municipal Corporation or a Councillor of a Town Panchayat or a member of a Zilla Panchayat or Grama Panchayat, his seat in the Taluk Panchayat shall become vacant unless he has previously resigned his seat in the House of the People, the Council of States, the State Legislative Assemb ly, the State Legislative Council, the Municipal Council, the Municipal Corporation, Town Panchayat, Zilla Panchayat or Grama Panchayat as the case may be.]1

129. Vacancy of seat. - (1) If any member of a T aluk Panchayat, - (a) is or becomes subject to any of the disqualifications specified in section 128, or 106 (b) votes or takes part as a member in the discussion of any matter in which he has directly or indirectly any such share or interest as is describe d in sub -clauses (i) or (ii) of clause (d) of the proviso to sub -section (1) of section 128, or (c) votes on or takes part in the discussion of any question in contravention of the provision of clause (g) of sub -section (2) of section 141, or 2[XXXX]2 his seat shall be deemed to be or to have become, as the case may be, vacant: 2[XXXX]2 (2) The 1[State Election Commission]1, on a report made to him and after giving a reasonable opportunity to the person concerned of being heard shall declare whether the seat of the member concerned is or has become vacant. < 130. Method of voting and procedure for election. - (1) Every elector shall ha ve as many votes as there are members to be elected. No elector shall give more than one vote to any one candidate. (2) Subject to the provisions of this Act, elections to the Taluk Panchayat shall be held by ballot in accordance with such rules as may be prescribed. 1[ 2[XXX]2 ]1 (3) The provisions of sections 26, 27, 28, 29, 30, 31, 1[31A, 31B]1, 32, 33, 34, 35, 36, 37, 38, 39, and 40 shall apply in respect o f elections to Taluk Panchayat as they apply to elections to Grama Panchayats.

131. Prohibition of simultaneous membership. - (1) If a person is elected by more than one Taluk Panchayat constituency he shal l, by notice in writing signed by him and delivered to the Deputy Commissioner or any other prescribed officer, within the prescribed time, choose any one of the constituencies which he shall serve, and the choice shall be final. (2) If the person does no t make the choice referred to in sub -section (1), the Deputy Commissioner or the prescribed officer, shall determine by lot and notify the constituency which such person shall serve. (3) Such person shall be deemed to have been elected only for the consti tuency so chosen or notified, as the case may be and the vacancy or vacancies thereby arising in respect of the other constituency or constituencies shall be filled by election.

132. Application of certain sections relating to elections. - (1) The provisi ons of sections 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 shall apply mutatis mutandis in respect of election to Taluk Panchayat, the application being to the 1[Civil Judge (Senior Division)]1 having jurisdiction and the deposit as security for costs bein g one thousand rupees. (2) Any person aggrieved by any decision or order of the 1[Civil Judge (Senior division)]1 under this section may, within thirty days from the date of such decision or order appeal to the District Judge and the decision of the District Judge on such appeal shall be final. 107

133. Publication of names of members. - The names of members elected to any Taluk Panchayat shall be 1[reporte d to the Commissioner who shall notify the names]1 in the Official Gazette.

134. Term of office of members. - (1) Except as is otherwise provided in this Act, members of a Taluk Panchayat elected at a gene ral election shall hold office for a term of five years. (2) The term of office of the members elected at a general election shall commence on the date appointed for the first meeting of the Taluk Panchayat. (3) The term of office of a member elected to fill a casual vacancy shall commence on the date of publication of his name under section 134.

135. Resignation of members. - A member of a Taluk Panchayat may resign his membership in writing under his hand addressed to the Adhyaksha of the Taluk Panchay at and his seat shall become vacant on the expiry of fifteen clear days from the date of such resignation unless within the said period of fifteen days, he withdraws such resignation by writing under his hand addressed to the Adhyaksha. 1[The Adhyaksha sha ll cause the letter of resignation to be laid in the next meeting of the Taluk Panchayat.]1

1[136. Removal of members. – (1) The Government 1[or the authority authorized by the Government by order in this b ehalf.]1 if it thinks fit, on the recommendation of the Taluk Panchayat or otherwise, may remove any member after giving him an opportunity of being heard and after such enquiry as it deems necessary, – (i) if he has been guilty of misconduct in the discharge of duties or of any disgraceful conduct; 1[Provided that where an application is made by a member to the Taluk Panchayat for leave of absence to himself and Taluk Panchayat fails to inform the applicant of its decision on the application within a period of seven days from the date of the application, the leave applied for, shall be deemed to have been granted by the Taluk Panchayat”.;]1 (ii) become incapable of performing duties as a member or persistently remiss in performing duties; - (a) on account of m edically unfit to hold the post as may be certified by the district surgeon; (b) as a result of insolvency or of unsound mind, (iii) has failed to attend four consecutive meetings of the panchayat and in the case or an Adhyaksha or Upadhyaksha, failed t o convene two consecutive meetings which were either due or were necessary; or (iv) if the member, by coercion or fraud entice any voter or member of Gram Panchayat or Taluk Panchayat or Zilla Panchayat as the case may be, to trade the post of member or Adhyaksha or Upadhyaksha of Gram Panchayat or Taluk Panchayat or Zilla Panchayat as the case may be during election for a consideration. (v) in the execution of any work of the panchayat, contractual or otherwise found involved directly with any person w ho is a nearest relative in the family or otherwise associated in any transaction related to such work as a partner, employee or a member on the Committee of such organisation, or otherwise. 1[(vi) if a former Adhyaksha or Upadhyaksha or member of Taluk Panchayat has 108 been accused and proved guilty of misconduct or misappropriation in an Inquiry.]1 Explanation: - For the purpose of this section, nearest relative in the family means, - (a) the wife or husband of a person residing with her or him; (b) son or daughter or stepson or stepdaughter; (c) any other person related, whether by blood or marriage who is wholly dependent on such person; (2) An Adhyaksha or Upadhyaksha or member so removed under sub - section (1) shall cease to function as such member and shall be disqualified from contesting election as provided in sections 12, 128 and 167 of the Act, to any panchayat for the next five years ]1 1. Substitu ted by Act 44 of 2015 w.e. f. 25.02.2016.

2[1[136A. Members to declare assets and liabilities, – (1) Every member shall within three months from the date of commencement of his term of office and until the expiry of his term in every calendar year and within one month of the end of t he financial year, file a declaration of the movable and immovable assets and liabilities of more than two lakhs owned by him and by all the members of his joint family in the form as may be prescribed before the state election commission through the execu tive officer of the concerned taluk panchayat; Provided that where the term of a member commences before two months of the end of the financial year, such member may file his declaration within two months after the commencement of the following financial y ear. (2) The executive officer of the concerned Taluk Panchayat shall receive the declarations filed by all the members and forward to the state election commission in the first week of May of that year and in the case of late submissions, in the first we ek of July of the year, along with a statement of members who have filed and who have not filed the declaration. (3) A member, who after filing a declaration under sub -section (1), acquires or disposes of any property or incurrs any liablility shall file a further declaration to that effect before the state election commission through the executive officer of the panchayat, within forty -five days from the date of such acquisition or disposal, as the case may be, and the executive officer shall follow the same procedure as in sub -section (1).

136B. Cessation of Membership, - (1) If the member does not file the declaration or the declaration is found to be false, under section 136A shall be deemed to have committed guilty of misconduct, the state election co mmission shall after giving an opportunity of hearing, remove him from membership and declare his seat vacant. (2) If the member is representative of recognized political party, has avoided to receive notice of whip issued by his party or has at any meeti ng refused to vote or has voted in violation of the whip issued by his party, the State Election Commission, shall remove him from membership and declare his seat vacant. ]1]2 2. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016.

137. Casual vacancies how to be filled up. - A casual vacancy of a member of a Taluk Panchayat shall be filled up, as soon as conveniently may be, by the election of a person thereto who shall hold office so long only as the member in w hose place he is elected could have held office if the vacancy had not occurred.

138. Election of Adhyaksha and Upadhyaksha and term of office. - (1) The elected members of the Taluk Panchayat referred to in clause (i) of sub -section (1) of section 121 109 shall 1[2[within one month from the date of publication of names of members under section 133]2 after every general election of Members of Taluk Panchayat or on its reconstitution or establishment under this Act or immediately before the expiry of the term o f office of Adhyaksha and Upadhyaksha]1 choose two members from amongst them to be respectively Adhyaksha and Upadhyaksha thereof, and so often as there is a casual vacancy in the office of Adhyaksha and Upadhyaksha they shall choose another member from am ongst them to be Adhyaksha or Upadhyaksha, as the case may be: Provided that no election shall be held if the vacancy is for a period of less than one month. (2) There shall be reserved by the 1[Government]1, in the prescribed manner, - (a) such number of offices of Adhyaksha and Upadhyaksha of Taluk Panchayat in the State for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State; 2[1[Provided that, the duration of the offices reserved under this sub -section shall be thirty months”; ]1]2 (b) such number of offices of Adhyaksha and Upadhyaksha of Taluk Panchayats which shall as nearly as may be one -third of the total number of offices of the Adhyaksha and Upadhyaksha in the State, for the persons belonging to the Backward Classe s: 2[But the number of offices of Adhyaksha and Upadhyaksha reserved for the Backward Classes under this clause shall be so determined that the total number of offices of Adhyaksha and Upadhyaksha reserved for the Scheduled Castes and the Scheduled Tribes under clause (a) and the Backward Classes under this clause shall not exceed fifty per cent of the total number of offices of Adhyaksha and Upadhyaksha of the Taluk Panchayaths in the State.]2 1[Provided that out of the offices reserved under this clau se, eighty per cent of the total number of such offices shall be reserved for the persons falling under category ‘A’ and the remaining twenty per cent of the offices shall be reserved for the persons falling under category ‘B’ : Provided further that if no person falling under category ‘A’ is available, the offices reserved for that category shall also be filled by the persons falling under category ‘B’ and vice versa .]1 (c) not less than 1[fifty percent]1 of the total number of offices of Adhyaksha and Upadhyaksha of the Taluk Panchayats in the State from each of the categories reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and backward Classes and those which are non -reserved, for women 2[subject to an overall limit of one half rounding of to the next number ]2: Provided that the offices reserved under this sub -section shall be allotted by rotation to different Taluk Panchayats. 110 Explanation. - For the removal of doubts it is hereby declared that the principle of rotation for the purposes of reservation of offices under this sub -section shall commence from the first election to be held after the commencement of the Karnataka Panch ayat Raj Act, 1993. 2[1[(3) The term of office of every Adhyaksha and every Upadhyaksha of Taluk Panchayat shall, save as otherwise provided in the Act, be 3[thirty months]3 from the date of his election or till he ceases to be a Member of Taluk Panchayat, whichever is earlier. ]1]2 1[Provided that the member who is elected as Adhyaksha or Upadhyaksha to fill the casual vacancy in the office of Adhyaksha or Upadhyaksha shall hold office for the remainder of the period for which the Adhyaksha or Up adhyaksha in whose place he has been elected would have held office if the vacancy had not occured.]1 (4) The election of Adhyaksha and Upadhyaksha, filling of Vacancies in the said offices and determination of disputes relating such election shall be in accordance with such rules as may be prescribed; 1[Provided that the Civil Judge (Senior Division) having Jurisdiction, shall determine such election dispute.]1

139. Salary and allowances to the Adhyaksha, Upadhyaksha and other members. - (1) The salary and allowances of Adhyaksha and Upadhyaksha of Taluk Panchayat shall be as prescribed. (2) Every member of the Taluk Panchayat other than the Adhyaksha and Upadhyaksha shall be entitled to receive such sitting fee and other allowances, as may be prescribed.

140. Resignation or removal of Adhyaksha and Upadhyaksha. - (1) A member holding office as Adhyaksha of the Taluk Panchayat may resign his office at any time by writing under his hand addressed to the Deputy Commissioner and the Upadhyaksha may resign his office at any time by writing under his hand addressed to the Adhyaksha and in the absence of Adhyaksha to the Deputy Commissioner and the office shall become vacant on the expiry of fifteen days from the date of such resignation unless within the said period of fifteen days he withdraws such resignation by writing under his hand addressed to the Deputy Commissioner or the Adhyaksha, as the case may be. (2) Every Adhyaksha or Upadhyaksha of Taluk Panchayat shall vacate office if he ceases to be a member of the Taluk Panchayat. (3) Every Adhyaksha and every Upadhyaksha of the Taluk Panchayat shall be deemed to have vacated his office forthwith if a resolu tion expressing want of confidence in him is passed 2[after a notice is given by one half of the elected members and passed by majority of two thirds of total elected members ]2 1[Provided that no resolution expressing want of confidence in Adhyaksha or Upadhyaksha shall be moved within 3[2[fifteen months]2]3, from the date of his selection: 111 Provided further that where a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been considered and negatived by a Taluk Panchayat, a simila r resolution in respect of the same Adhyaksha or Apadhyaksha shall not be given notice of, or moved, within 3[2[six months ]2]3 from the date of the decision of the Taluk Panchayat.]1 (4) Every Adhyaksha and Upadhyaksha of the Taluk Panchayat shall, after an opportunity is afforded for hearing him, 1[and if necessary after obtaining a report from the Zilla Panchayat and considering the same]1 be removable from his office as Adhyaksha or Upadhyaksha by the Government 2[or an authority authorized by the Government in this behalf ]2 for misconduct in the discharge of his duties, for being persistently remiss in the discharge of his duties and an Adhyaksha or Upadhyaksha so removed who does not cease to be a member under sub -section (2) shall not be eligible for re -election as Adhyaksha or Upadhyaksha during the remaining term of office as member of suc h Taluk Panchayat. (5) An Adhyaksha or Upadhyaksha removed from his office under sub -section (4) may also be removed by the Government from membership of the Taluk Panchayat. 1[(6) Where the offices of both Adhyaksha and Upadhyaksha of Taluk Panchayat are vacant, the Chairman of the Standing Committee on Social Justice shall exercise the powers and perform the duties of the Adhyaksha, until a n Adhyadsha or Upadhyaksha is duly elected]1.

141. Meetings of Taluk Panchayat. - (1) A Taluk Panchayat shall hold a meeting for the transaction of business at least once in two months (hereinafter in this s ection called the ordinary meeting) and shall subject to the provisions of the following sub -sections, make regulations not inconsistent with this Act, or with any rules made thereunder with respect to the day, hour, notice, management and adjournment of i ts meetings and generally with respect to the transaction of business thereto. Every meeting of the Taluk Panchayat shall ordinarily be held at the headquarters of the Taluk Panchayat. (2) (a) The date of the first meeting of the Taluk Panchayat after the first Constitution or reconstitution, 1[or the date of subsequent meeting for the purpose of election of Adhysksha or Upadhyksha, as the case may be]1 shall be fixed by the Assistant Commissioner who shall preside at such meeting 2[the date of each subseq uent ordinary meeting shall be decided by the Adhyaksha and he shall informthe same at the immediately preceding meeting ]2 of the Taluk Panchayat, provided that the Adhyaksha may for sufficient reasons, alter the day of the meeting to a subsequent date. Th e Adhyaksha may, whenever he thinks fit and shall, upon the written request of not less than one -third of the total number of members and on a date within fifteen days from the receipt of such request, call a special meeting. Such request shall specify the object for which the meeting is proposed to be called. If the Adhyaksha fails to call a special meeting, the Upadhyaksha or one -third of the total number of members may call the special meeting for a day not more than fifteen days after presentation of su ch request and require the Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting. 112 (b) Ten clear d ay's notice of an ordinary meeting and seven clear day's notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat, shall be sent to the members and pasted up at the office of the Taluk Panchayat. Such notice shall include in the case of a special meeting any motion or proposition mentioned in the written request made for such meeting. (c) 1[One -half]1 of the total number of members of the Taluk Panchayat shall form a quorum for transacti on of business at a meeting of the Taluk Panchayat. If at the time appointed for the meeting a quorum is not present, the person presiding shall, wait for thirty minutes and if within such period there is a quorum proceed with the meeting; but if within such period there is no quorum the person presiding shall adjourn the meeting to such hour on some future day as he may fix. He shall similarly adjourn the meeting at any time after it has begun if his attention is drawn to the want of a quorum. At such adjo urned meeting at which there is quorum the business which would have been brought before the original meeting shall be transacted. (d) Every meeting shall be open to the public unless the presiding autho rity considers that any enquiry or deliberation pending before the Taluk Panchayat should be held in camera and the said authority may at any time cause any person who interrupts the proceedings to be removed. (e) Every meeting shall be presided over by the Adhyaksha or if he is absent, 1[or if the office of Adhyaksha is vacant]1 by the Upadhyaksha and if both the Adhyaksha and Upadhyaksha are absent 1[or if the offices of both Adhyaksha and Upadhyaksha are vacant]1 or if the Adhyaksha is absent and ther e is no Upadhyaksha the members present shall elect one from among themselves to preside. (f) All questions shall, unless otherwise specially provided be decided by a majority of votes of the members presen t and voting. The presiding member, unless he refrains from voting, shall give vote before declaring the number of votes, for and against a question and in case of equality of votes, he may give his casting vote. (g) No member of a Taluk Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Taluk Panchayat or any committee, if the question is one in which apart from its general application to the public he has any direct pecuniary interest .1[It shall be the duty of every member of the Taluk Panchayat to disclose to the Taluk Panchayat any pecuniary interest that he has, direct or `indirect, in any question coming up for consideration at a meeting of the Taluk Panchayat]1 (h) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion , and if a motion to that effect be carried, he shall not preside at the meting d uring such discussion, or vote on, or take part in it. Any member of the Taluk Panchayat may be chosen to preside at the meeting during the continuance of such discussion. (i) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in the case of a special meeting, in the written request for such meting. A member may propose any resolution connected with or incidental to the subjects included in the list of business. The Adhyaksha may p ropose any 113 urgent subject of a routine nature not included in the list of business if no member objects to it. No permission shall be given in the case of a motion or proposition to modify or cancel any resolution 1[within six months]1 after the passing th ereof except in accordance with clause (k). The order in which any business or proposition shall be brought forward at such meeting shall be determined by the presiding authority who in case it is proposed by any member to give particular proposition, shal l put the proposal to the meeting and be guided by the majority of votes given for or against the proposal. (j) Any ordinary meeting may, with the consent of a majority of the members present be adjourn ed from time to time, but no business shall be transacted at any adjourned meeting other than that left undisposed at the meeting from which the adjournment took place. (k) No resolution of Taluk Panchayat shall be modified or cancelled within six months after the passing thereof except by a resolution passed by not less than one -half of the total number of members at an ordinary or special meeting, any notice whereof shall have been given fulfilling the requirements of clause (b) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and motion or proposition for the modification or cancellation of such resolution. (3) The proceedings of every meeting shall be recorded in the minute book immediately after th e deliberations of the meeting and shall after being read over by the presiding authority of the meeting be signed by him. The action taken on the decisions of the Taluk Panchayat shall be reported at the next meeting of the Taluk Panchayat. The minute boo k shall always be kept in the office of the Taluk Panchayat. The minute book shall not be taken outside the Taluk Panchayat office under any circumstances. The Executive Officer shall be the custodian of the minute book. 1[A copy of the proceedings shall b e displayed on the notice board within three days from the date of meeting of the Taluk Panchayat along with the details of the names of the members voting respectively for or against the resolutions passed in the meeting.]1 (4) A copy of every resolution passed by a Taluk Panchayat at a meeting shall, within ten days from the day of the meeting, be forwarded to 1[x x x]1 the Chief Executive Officer 2[and copies of the minutes of the meeting shall be furnish ed to all members]2 (5) During any vacancy in the Taluk Panchayat or any committee thereof, continuing members may act as if no vacancy had occurred. 2[1[(6) the Deputy Commissioner shall preside over the meeting in which no confidence motion against Adhyaksha or Upadhyaksha is being considered by the Taluk Panchayat.]1]2 2. Deemed to h ave been substituted by Act 49 of 2020 w.e.f. 31.03.2020 .

142. Interpellations and resolutions. - (1) A member of a Taluk Panchayat may move resolutions and interpellate the Adhyaksha of Taluk Panchayat on matters connected with the administration of the Taluk Panchayat subject to such regulations as may be made by the Taluk Panchayat. (2) A member of the Taluk Panchayat may also call the attention of the Adhyaksha to any neglect in the execution of the work of the Taluk Panchayat, to any waste of property 114 belonging to the Taluk Panchayat or to the wants of any locality within Taluk and may suggest any improvements which may appear desirable.

Government committee, company or corporation involved in rural development as notified by government at meetings.

144. Validity of proceedings. - (1) No disqualification or defect in the election or appointment of any person acting as member or as the Adhyaksha of Taluk Panchayat or presiding authority of a general or special meeting or of a chairman or member of the committee appointed under this Act, shall be deemed to vitiate any act or proceeding of the Taluk Panchayat or of any such committee as the case may be, in which such person has taken part, whenever the majority who were parties to such act or proceeding, were entitled to act. (2) No resolution of a Taluk Panchayat or of any Committee appointed under this Act shall be deemed invalid on account of any irregularity in the service of notice upon any member provided that the proceedings of the Taluk Panchayat or committee, were not prejudic ially affected by such irregularity. (3) Until the contrary is proved every meeting of a Taluk Panchayat or of a committee constituted under this Act, in respect of proceedings whereof a minute has been made and signed in accordance with this Act, shall b e 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 ha ve had the power to deal with the matters referred to in the minute. (4) During any vacancy in a Taluk Panchayat or committee the continuing member or members may act as if no vacancy has occurred. CHAPTER VIII FUNCTIONS , DUTIES AND POWERS O F TALUK PANCH AYAT , ADHYAKSHA AND UPADH YAKSHA FUNCTIONS OF TALUK P ANCHAYAT