Constitution of Gram Panchayats and disqualifications to be members thereof

(1) Every Sabha shall, in the prescribed manner, elect from amongst its members a Chairman of the Sabha and an executive committee consisting of such number of persons not being less than five or more than nine including the Sarpanch of the Executive Committee as the Government may determine taking into account the population of the Sabha area : Provided that if no woman is elected as a Panch of any Sabha, the woman candidate securing the highest number of votes amongst the women candidates in that election may be co-opted by the Panchayat as a Panch of that Sabha and where no such woman candidate is available the prescribed authority shall co-opt as such Panch a woman member of the Sabha who is qualified to be elected as a Panch. (2) The Chairman shall also be called the Sarpanch of the Executive Committee which shall be styled as the Gram Panchayat and the members thereof to be called Panches. (3) Every woman co-opted as a Panch under the proviso to sub-section (1) shall have the right to vote in a meeting of the Gram Panchayat. (4) The election shall be by secret ballot and direct vote in the manner prescribed and the prescribed number of candidates securing the highest number of valid votes shall be deemed to have been duly elected : Provided that for the period expiring on 26th January, 1970— (a) every Gram Panchyat shall, subject to the provisions of sub-clause(b), have one panch belonging to the Scheduled Castes if their population is five per centum or more of the population of the Sabha area concerned ; (b) every Gram Panchayat with seven or more panches shall have two panches who are members of Scheduled Castes if the population of the Scheduled Castes is ten per centum or more ; (c) if the required number of successful candidates does not include one or two members from the Scheduled Castes, as the case may be, then the Scheduled Caste candidate or candidates, as the case may be, securing the highest number of votes from amongst themselves shall be deemed to have been elected as the last, or the last two panches ; (d) in case the requisite number given in sub-clauses (a) and (b) of members of Scheduled Castes are not elected in the manner given above, the prescribed authority shall make up the deficiency by nominating duly qualified person or persons of such castes: Provided further that the expiry of the period referred to above shall not affect the Constitution of a Gram Panchayat existing at the time : Provided further that if Government is of the opinion that the basis of population adopted for the purposes of determining the representation of members belonging to Scheduled Castes for any particular Gram Panchayat is incorrect, with the result that the requisite number of panches belonging to such castes is not elected, the Government may nominate the required number of duly qualified person or persons of such castes as additional Panches on such nomination being made the number of panches determined under sub-section (1) shall be deemed to have been increased by the number of panches so nominated. The number of the Panches so increased and their term of office shall cease to have any effect after the next election of the Gram Panchayat concerned, when the number of Panches of that Gram Panchayat shall be determined afresh under sub-section (1). (5) No person who is not a member of the Sabha and who— (a) is not qualified to be elected as a member of the Legislative Assembly ; or (b) has been convicted of any offence involving moral turpitude unless a period of five years has elapsed since his conviction ; or (c) has been subjected to an order by a criminal court and which order in the opinion of Government or of the officer to whom Government has delegated its powers of removal, implies a defect of character unfitting him to be a Sarpanch or Panch, unless a period of five years has elasped since the date of order ; or (d) has been convicted of an election offence ; or (e) has been ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, 1898 ; or (f) has been notified as disqualified for appointment in public service, except on medical grounds ; or (g) is a whole-time salaried servant of any local authority or State or the Union of India ; or (h) is registered as habitual offender under the Habitual Offenders (Control and Reform) Act or any other Act for the time being in force ; (i) is an undischarged insolvent ; or (j) has not paid the arrears of the tax imposed by the Gram Panchayat or the Panchayat Samiti ; or (k) is an employee of Sabha or Gram Panchayat ; or (kk) is a member of either House of Parliament or of the Legislature of the Punjab State ; or (l) is a tenant or lessee holding a tenancy or lease under the Gram Sabha or is in arrears of rent of any lease or tenancy held under the Gram Sabha, or is a contractor of the Gram Sabha ; shall be entitled to stand for election as, or continue to be a Sarpanch or Panch : Provided that if, on the commencement of the Punjab Gram Panchayat (Amendment) Act, 1963, a member of either House of Parliament or of the Legislature of the Punjab State is holding the office of a Sarpanch or Panch such member shall not be disqualified under clause (kk) to continue as a Sarpanch or Panch, as the case may be, for the term of his office : Provided further that a member of either House of Parliament or of the Legislature of the Punjab State may be elected as a Sarpanch or Panch if, along with his nomination paper he gives a written undertaking to the effect that he shall resign his membership of either House of Parliament or of the Legislature of the Punjab State, as the case may be, and so resigns before taking the oath under sub-section (1) of section 9.