Provisions regarding

3[electoral colleges,] disqualifications, elections and election disputes.—

4[(1) For the purposes of holding elections under

• • * * sub-section (1), of section 57,—

6[(a) each electoral division in the Block shall be divided into two colleges

7[by the State

Election Commission, so however, that such colleges shall be divided in such manner that the ratio between the population of each electoral college and the total number of members to be

elected for Panchayat Samiti shall, as far as practicable, be the same throughout Panchayat

Samiti area].

• • * * * * *]] 9[(1A)] The list of voters for each electoral division referred to in sub-section (1) of section 13 and in force on such date as the 10[State Election Commission] may, by general or special order notify in this behalf, for such part of the electoral division as is included in an electoral college, shall be the list of voters for such electoral college. An officer designated by the 11[State Election Commission] shall maintain the list of voters for each electoral college. 12[(1B) (a) In the seats to be filled in by election in a Panchayat Samiti, there shall be seats

reserved for persons belonging to the Scheduled Castes, Schedule Tribes, Backward Class of citizen

and women, as may be determined by the State Election Commission in the prescribed manner;

1. (b) the seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in a Panchayat Samiti shall bear, as nearly as may be, the same proportion, to the total number of seats to be filled in by direct election in that Panchayat Samiti as the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes, in that Panchayat Samiti area bears to the total population of that area and such seats shall be allotted by rotation to different electoral colleges in a Panchayat Samiti : 13[Provided that, in a Panchayat Samiti comprising entirely the Scheduled Areas, the seats to be reserved for the Scheduled Tribes shall not be less than one half of the total number of seats in the Panchayat Samiti: Sub-section (3A) was inserted by Mah. 25 of 2016, s. 3. Sub-section (4) was deleted by Mah. 6 of 1975, s. 12(2). These words were inserted by Mah. 10 of 1979, s. 10(b). Sub-section (1) was substituted for the original by Mah. 6 of 1975, s. 13(1). The words, brackets and letter “clause (f) of” were deleted by Mah. 21 of 1994, s. 53(1)(a). These clauses were substituted for the original clause (a) by Mah. 10 of 1979, s. 10(a). This portion was substituted for the portion beginning with the words “in accordance” and ending with the word “population” by Mah. 21 of 1994, s. 53(1)(b). Clauses (aa), (aa-1), (ab) and (a-c) were deleted by Mah. 21 of 1994, s. 53(1)(c). Clause (b) was re-numbered and re-lettered as sub-section (1A) by Mah. 21 of 1994, s. 53(1). These words were substituted for the words “State Government” by Mah. 21 of 1994, s. 53(1)(d)(i). These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 53(1)(d)(ii). Sub-sections (1B), (1C) and (1D) were inserted by Mah. 21 of 1994, s. 53(2). These provisos were inserted by Mah. 20 of 1997, s. 5(a)(i).

58 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V

Samitis Act, 1961 Provided further that, the reservation for the Scheduled Tribes in a Panchayat Samiti falling only partially in the Scheduled Areas shall be in accordance with the provisions of clause (b):]

1[Provided also that],

2[one-half of the total number of seats] so reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes;

3[(c) the seats to be reserved for persons belonging to the category of Backward Class of Citizens shall be upto 27 per cent. of the total number of seats to be filled in by election in a Panchayat Samiti and the total reservation shall not be more than 50 per cent. of the total seats in the Panchayat Samiti and such seats shall be allotted by rotation to different electoral colleges in a Panchayat Samiti : Provided that, in a Panchayat Samiti comprising entirely the Scheduled Areas, the seats to be reserved for the persons belonging to the Backward Class of Citizens shall be the seats remaining, if any, after reservation of the seats for the Scheduled Tribes and the Scheduled Castes : Provided further that, the reservation for the persons belonging to the Backward Class of

Citizens in a Panchayat Samiti falling only partially in the Scheduled Areas shall be as per the

provisons of this clause : Provided further that, one-half of the total number of seats so reserved shall be reserved for women belonging to the category of Backward Class of Citizens ;] (d)

4[one half] (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the category of Backward Class of citizens) of the total number of seats to be filled in by direct election in a Panchayat Samiti shall be reserved for women and such seats shall be allotted by rotation to different electoral colleges in a Panchayat Samiti. (1C) The reservation of seats (other than the reservation for women) under sub-section (1B) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India. (1D) An election to constitute a Panchayat Samiti shall be completed—

1. (a) before the expiry of its duration specified in sub-section (1) of section 59;
2. (b) in the case of dissolved Panchayat Samiti before the expiration of a period of six months from the date of dissolution : Provided that, where the remainder of the period for which the dissolved Panchayat Samiti would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat Samiti for such period;
3. (c) in the case of fresh election, if required to be held, under sub-section (2) of section 27 read with sub-section (2) of section 58, on such date, as soon as may be practicable, as may be fixed by the State Election Commission.] 5[(1E)] The provisions of sections 14, 15, 15A, 16, 17 and 18 relating to the date of election, qualifications for being elected and disqualifications and the right to vote in the elections of Councillors of a Zilla Parishad shall apply in relation to the members of a Panchayat Samiti as they apply in relation to the Councillors of a Zilla Parishad, with the modification that—
4. (a) in section 15, for the words “electoral division” the words “electoral college”, and for the word “District” the word “Block” shall be substituted; These words were substituted for the words “Provided that” by Mah. 20 of 1997, s. 5(a)(ii). These words were substituted for the words “one third of the total number of seats” by Mah. 19 of 2011, s. 6(a). Clause (c) was substituted by Mah. 19 of 2022, s. 6. These words were substituted for the words “one third” by Mah. 19 of 2011, s. 6(c). Existing sub-section (1A) was re-numbered and re-lettered as sub-section (1E) by Mah. 21 of 1994, s. 53(3).

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 59

Samitis Act, 1961

1. (b) in section 16, in clause (d) of sub-section (1), for the figures “39” the figures “61” shall be substituted;
2. (c) in section 17, for the words “electoral division”, wherever they occur, the words “electoral college”, and in sub-section (3) for the words “electoral divisions”, the words “electoral colleges” shall be substituted.]

1. (2) The provisions of 1[ 2[sections 12A, 19 to 27,] 27A and 28] (both inclusive) and 3[28A to 28D (both inclusive), 29 to 33 (both inclusive), 33A and 34 to 37 (both inclusive)] relating to elections and election disputes and any rules made thereunder shall apply mutatis mutandis 4[in relation to election of members under
   • • * * sub-section (1) of section 57.]
   • • * * * *