section 54
Adhakshya and Up-Adhakshya
The Sikkim Panchayat Act, 1993(1) Every Zilla Panchayat shall, at its first meeting at which a quorum is present, elect in such manner as the State Government may, by notification specify, one of its members to be the Adhakshya and another member to be Up-Adhakshya of the Zilla Panchayat: Provided that the members referred to in clause (c) of sub-section (1) of section 50 shall not be eligible for such election, nor shall they have any voting right thereof. (2) The State Government shall, by notification, reserve— (a) such number of offices of Adhakshya and Up-Adhakshya of Zilla Panchayat in the State for the persons belonging to the Scheduled Castes and the Scheduled Tribes and the numbers 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; (b) not less than one-third of the total number of offices of Adhakshya and Up-Adhakshya in the State from each category reserved for persons belonging to the Scheduled Castes, the Scheduled Tribes and those which are non-reserved, for women: Provided that the Offices reserved under this sub-section shall be allotted by rotation to different Zilla Panchayat. 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 this Act. (3) The Adhakshya and Up-Adhakshya shall, subject to the provisions of section 64 and to their continuing as members, hold office for a period of five years. (4) When- (a) the office of the Adhakshya falls vacant by reason of death, resignation, removal or otherwise; or (b) the Adhakshya is, by reason of leave, illness or other cause, temporarily unable to act, the Up-Adhakshya shall exercise the powers, perform the functions and discharge the duties of the Adhakshya until a new Adhakshya is elected and assumes office or until the Adhakshya resumes his duties, as the case may be. (5) When - (a) the office of the Up-Adhakshya falls vacant by reason of death, resignation, removal or otherwise; or (b) the Up-Adhakshya is, by reason of leave, illness or other cause, temporarily unable to act, the Adhakshya shall exercise the powers, perform the functions and discharge the duties of the Up-Adhakshya until a new Up-Adhakshya is elected and assumes office or until the Up-Adhakshya resumes his duties, as the case may be. (6) When the offices of the Adhakshya and the Up-Adhakshya are both vacant or the Adhakshya and the Up-Adhakshya are temporarily unable to act, the prescribed authority may appoint an Adhakshya and an Up-Adhakshya from among the members of the Zilla Panchayat to act as such until an Adhakshya or an Up-Adhakshya are elected and assume office or resume his duties, as the case may be.
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