Reservation of seats of members of Gram Panchayat.

(1) The seats (wards) of members of Gram Panchayats in the State shall be reserved for Scheduled Tribes, Scheduled Castes, Backward Classes and Women, by notification, in the manner specified below. (2) Out of the total strength of elected members determined under section 7, the Revenue Divisional Officer shall, in respect of each Gram Panchayat in his jurisdiction determine in the first instance, the number of wards to be reserved, in the Gram Panchayat concerned, for the members belonging to Scheduled Tribes and the Scheduled Castes subject to the condition that the number of wards so reserved shall bear, as nearly as may be, the same proportion to the total number of wards to be filled by direct election to the Gram Panchayat as the population of Scheduled Tribes or as the case may be, of the Scheduled Castes in that Gram Panchayat bears to the total population of that Gram Panchayat, subject to the condition that the Revenue Divisional Officer shall, in the Scheduled Areas, allocate not less than one half of the total number of seats in each Gram Panchayat for being reserved for Scheduled Tribes. (3) In the villages where 100% (hundred percent) population is Scheduled Tribes, all the wards in every Gram Panchayat of such villages shall be filled up by persons belonging to Scheduled Tribes only. (4) The Revenue Divisional Officer shall, in addition to the reservation made under sub-section (2), reserve for the Backward Classes such number of wards, as may be allocated to them in each Gram Panchayat, in his jurisdiction. The number of offices of members of Gram Panchayats in the State reserved for Backward Classes shall not be less than thirty four per cent of the total number of offices of the members of Gram Panchayats in the State. For the purpose of reserving wards for the Backward Classes in respect of the Gram Panchayat, the Revenue Divisional Officer shall determine the number of wards to be reserved for the Backward Classes in each Gram Panchayat on the basis of the proportionate percentage of Backward Classes of that Mandal arrived at in the following manner. NOTE:- In order to arrive at the ―proportionate percentage of Backward Classes‖ of the Gram Panchayat, the following formula shall be adopted: Mandal Proportionate Percentage of Backward Class = Reservation for Backward Classes in the State 34% ------------------- State Percentage of Backward Classes x Mandal Backward classes percentage Explanation:- (i) State percentage of Backward Classes shall be as projected by the Directorate of Economics and Statistics; (ii) Mandal Backward Classes percentage is the figure as projected by the Directorate of Economics and Statistics; (5) (a) Where the reservation for Scheduled Tribes, Scheduled Castes and Backward Classes reaches or exceeds 100% (hundred percent), in such case, the reservation for Backward Classes shall be calculated by arriving at a percentage to the remaining offices after so reserving for Scheduled Tribes and Scheduled Castes. (b) Notwithstanding anything contained in clause (a), the Revenue Divisional Officer shall for the purpose of reservation of Wards for Backward Classes in Gram Panchayat located in Scheduled Areas, determine in the first instance number of wards remaining after reserving seats for Scheduled Tribes and Scheduled Castes in each such Gram Panchayat and arrive at the number of wards to be reserved for Backward Classes computed only on the basis of such remaining wards applying the proportionate percentage of population of Backward Classes in the Mandal. (6) The Revenue Divisional Officer shall reserve one-half of the number of wards reserved for Scheduled Tribes, Scheduled Castes and Backward Classes and one-half of the unreserved wards for Women, in each Gram Panchayat. (7)(a) The Revenue Divisional Officer shall then communicate the number of wards of Gram Panchayats to be reserved in each Gram Panchayat for the members of Scheduled Tribes, Scheduled Castes, Backward Classes and Women to Mandal Parishad Development Officer concerned. (b) The Mandal Parishad Development Officer shall, in turn, on receipt of communication under clause (a) shall reserve in respect of wards allotted under sub-section (2) to the Scheduled Tribes in the Gram Panchayat in the first instance in such wards where the proportion of voters belonging to Scheduled Tribes to the total number of voters in the ward concerned is the highest in the descending order. (c) After excluding the wards reserved for Scheduled Tribes in the respective Gram Panchayat, the Mandal Parishad Development Officer shall reserve the wards from among the remaining wards, for Scheduled Castes allotted under sub-section (2) above, in the wards where the proportion of voters belonging to Scheduled Castes to the total number of voters in the ward concerned is the highest in the descending order. (d) The reservation of wards for Backward Classes in the Gram Panchayat allotted under sub-section (4) shall be made by the Mandal Parishad Development Officer from among the wards remaining after reserving wards for Scheduled Tribes and Scheduled Castes in each Gram Panchayat where the proportion of voters belonging to the Backward Class to the total voters in the ward concerned is the highest in the descending order. Provided that no reservation for Backward Classes shall be made in such of those Gram Panchayats where there are no Backward Class voters: Provided further that where there are no Backward Class Voters in a Gram Panchayat in a Mandal or where the proportion of Backward Class voters is lower than their proportion in the Mandal, the reservation of Ward Members for Backward Classes proportionate to the shortage noted shall be shifted to such of those Gram Panchayats within the concerned Mandal in proportion to the Backward Class voters in Gram Panchayats arranged in a descending order, subject to the condition that the total number of ward members to be allotted to Backward Classes in the Mandal shall remain the same thus ensuring that the number of wards reserved for BCs in a Mandal is equal to Mandal proportion as calculated in sub-section (4). (e) The reservation of wards for women in the Gram Panchayats allotted under sub-section (6), shall be made by the Mandal Parishad Development Officer in each category i.e., Scheduled Tribe, Scheduled Caste, Backward Class and Unreserved, on the basis of draw of lots. (8) The reservation of wards for Scheduled Tribes, Scheduled Castes, Backward Classes and Women shall be by rotation as far as practicable, commencing from the first ordinary election held under this Act: Provided that such rotation shall be effected after completion of two consecutive terms: Provided further that the wards allotted to Scheduled Tribes, Scheduled Castes, Backward Classes during the earlier ordinary elections shall not be allotted to the same categories till a cycle of reservation in that category is completed. (9) (a) While allotting the wards by rotation Scheduled Tribes, Scheduled Tribes (women), Scheduled Castes, Scheduled Castes (women), Backward Classes, Backward Classes (women), Unreserved and Unreserved (women) shall be treated as separate categories: Provided that, such of those wards which could not be reserved in the first and second cycles though they were eligible in the descending order but were allotted to the other categories due to order of preference in allotment as per descending order or proportionate population, in those categories shall be allotted first before going to the wards in the second cycle. (b) Those wards, which lost their reservation as a result of repeating the reservation second time in that cycle, should be reserved in the ensuing elections in those districts or wherever applicable. Explanation:- For the removal of doubts, it is hereby declared that,- (i) For purposes of reserving wards under this section any fraction less than one-half shall be ignored and any fraction equal to or more than one-half shall be counted as one. (ii) The expression ―Revenue Divisional Officer‖ under this section shall include the Sub-Collector or Assistant Collector in-charge of a Revenue Division. (iii) In case where the reservation for Scheduled Tribes or Scheduled Castes cannot be made due to non availability of their voters in required number of wards, then the reservation shall be made in descending order in such of those wards where the voters of Scheduled Tribes / Scheduled Castes are available in the first instance, and thereafter, the remaining reservation of Wards shall be made on the basis of draw of lots. Example:- If there are eight wards in a Gram Panchayat of which six are to be reserved for Scheduled Tribes, whereas, Scheduled Tribes voters are available only in three wards then the reservation for the remaining three wards shall be made by draw of lots from among the other five wards by the Mandal Parishad Development Officer concerned. (10) Nothing in this section shall be deemed to prevent women and the members of the Scheduled Tribes, Scheduled Castes and Backward Classes from standing for election to the un-reserved wards in the Gram Panchayat. (11) The Government is competent to issue any clarification for the purpose of removing any difficulty in implementing the provisions of this section for the smooth conduct of elections.