Election of Adhyaksha, Upadhyaksha and term of office.

177. Election of Adhyaksha, Upadhyaksha and term of office. - (1) The elected members of the Zilla Panchayat referred to in clause ( i) of sub -section (1) of section 159 shall 1[2[within one month from the date of publication of names of members under section 172]2, after every general election of member of Zilla Panchayat or on its reconstitution or establishment under this Act or imm ediately before the expiry of term of office of Adhyaksha and Upadhyaksha]1 choose two member 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 amongst 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 Zilla 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 Tribe in the State bear to the total population of the State; 1[Proviso x x x]1 (b) such number of offices of Adhyaksha and Upadhyaksha in the State which shall as nearly as may be one -third of the total number of offices of Adhyaksha and Upadhyaksha in the State, for the persons belonging to the Backward Classes: 1[But the number of offices of Adhyaksha and Upadhyaksha reserved for the Backward Classes under this clause shall be so det ermined, 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 Zilla Panchayaths in the State.]1 132 1[Provided that out of the offices reserved under this clause, eighty per cent of the total number of such offices shall be reserved f or 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’ ;]1 (c) not less than 1[fifty percent]1 of the tota l number of offices of Adhyaksha and Upadhyaksha in the State from each categories reserved for person 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 section shall be allotted by rotation to different Zilla Panchayats. 3[Provided further that the duration of the offices reserved under this sub-section shall be for thirty months”; ]3 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 ordinary election to be held after the commenc ement of the Karnataka Panchayat Raj Act, 1993. 2[1[(3) The term of office of every Adhyaksha and every Upadhyaksha of Zilla 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 Zilla 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 Up adhyaksha shall hold office for the remainder of the period for which the Adhyaksha or Upadkyaksha in whose place he has been elected would have held office if the vacancy had not occured.]1 (4) The election of the Adhyaksha or the Upadhyaksha of a Zilla Panchayat and, filling up of vacancies in the said offices and the determination of disputes relating to such election shall be in accordance with such rules as may be prescribed: Provided that the authority to determine such election disputes shall be the District Judge having Jurisdiction.