(a) An irrigation panchayat shall hold office for three years.
Provided that the Collector may, from time to time and by an order in writing extend the term of office of an irrigation panchayat for a period not exceeding three years in the aggregate.
(b) Not withstanding that the term of office of an irrigation panchayat has expired, it shall continue to hold office until a new panchayat is constituted under these rules.
(c) Not withstanding any thing contained In this rule the Collector may, at any time by an order in writing dissolve an irrigation panchayat.
145. The following persons shall be disqualified from acting as electors or from holding office on an irrigation panchayat:
(a) a person who has been adjudged by any competentcourt to be of unsound mind;
(b) a person, who Is a minor;
(c) a person whose name is not in the electoral roll prepared under rule 148; and -I. Rule 140. The date 15th June changed to 15th July vide Irrigation Deptt. Notification No.
28/7/GI75J33 dated 3-5-1975.
(d) a person who has been adjudged insolvent by a civil court ; and
(e) a person who has not paid any sum due by him under the Act for a period of three years or more.
146. Whenever possibilities of irrigation in any village, chak. or mahal arise. and no irrigation panchayat exists or the terms of the office of the existing panchayat is about to expire. or a panchayat is dissolved, the Executive Engineer shall make Proposal to the Collector fixing number of members to be elected to the Irrigation Panchayat and after approval of the number of the members to be elected. he shall fix the date, time. and place for the election and shall proclaim it in the village at least 15 days before hand.
147. The following persons shall be deemed to be electors for membership to irrigation panchayat:
(a) All permanent holders. holding lands Individually or jointly within the command defined by the Executive Engineer. for this purpose, of the canal system.
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(b) All permanent holders holding the land within F.T.L of the submerging tanks including outside Irrigation If any. and compulsorily assessed area.
148. The Amin, under the general supervision of the Canal Deputy Collector and Irrigation Inspector shall prepare a list of persons who are entitled to be electors from the village under rule 147 and not disqualified under rule 145 at least one month before the date fixed for the election, and shall immediately paste it in a prominent place In the village. under the signatures of the Irrigation Inspector.
149. Any person having objection to urge against any entry therein, or omission there from.
shall file an objection within 8 days from the date of pasting of the list. before the Irrigation Inspector, who shall dispose them off within 8 days from the date of receipt of the objection.
after making such enquiries as he may deem necessary.
150. If any person is aggrieved by decision of Irrigation Inspector, an appeal may be filed within 8 days from the date of receipt of the order, to the Canal Deputy Collector who shall dispose it of within 10 days by making such inquiries as he may deem fit, and his decision shall be final.
151. Executive Engineer shall appoint and depute an Irrigation Inspector or Canal Subordinate to preside at the election. The electors, whose names have been entered in the finalized electoral roll, shall collect at the place fixed under rule 146. Each elector shall be privately called upon to specify names on the marked paper in Form 14 with his signature or thumb impression upto the number fixed by the Collector, the persons who in his opinion are best fitted to sit in the Panchayat. The elector, who is illiterate and is unable to write, may bring with him a literate person of his confidence for writing the names on the marked paper.
The signature of the writer and the signature or thumb impression of the elector is necessary on such marked paper and the presiding officer shall also sign such marked paper in token of verification.
Provided that such person will be allowed only once to accompany the elector who is illiterate or unable to write.
152. After the election is over the presiding officer shall prepare a proceeding on the spot, mentioning therein the serial numbers of electors who have voted and serial numbers of those who are absent and any special Incident which took place at the election. He shall then seal all papers in presence of Panch or Sarpanch of Gram panchayat, and the sealed covers then be handed over to the Canal Deputy Collector Immediately after the election.
153. The Canal Deputy Collector, with the help of the Presiding Officer concerned in the presence of Panch or Sarpanch of Gram panchayat shall prepare a list of the candidates voted for, indicating the number of votes secured in serial order. He shall then submit the 86 same to the Collector for approval through the Executive Engineer, In order to declare the result of the election.
154. In the event of an equality of votes; the order of preference shall be decided by lot.
155. The Collector shall intimate the decision to the Executive Engineer, who shall arrange to paste a list of panch as at a conspicuous place In the village.
156. The Panchayat shall, at a meeting at which not less than three members are present elect one of their members to be Sarpanch. This meeting shall be presided over by one of the panchas, elected by -the members present. Provided that any member who is a candidate for election as Sarpanch shall not be elected as Chairman. The election shall be by voting. In the event of an equality of votes, the Chairman of the meeting shall have a casting vote. In the event of the Panchayat being unable to arrive ata decision. the Collector shall nominate one of the members as Sarpanch. The proceedings of the meeting shall be recorded in the proceedings book in Form. 15 and signed by the Chairman. The result of the voting shall be intimated by the Chairman to the Amin in writing. The names of the Sarpanch and members of the panchayat shall be pasted by the Amin at a conspicuous place in the village.
157. In the event of the retirement, death, disqualification or removal of an elected panch, the panchayat shall forthwith, report the fact to the Collector, who shall, If he considers it necessary to fill the vacancy, fix a date, time and place within the village for the election of a fresh panch and the panchayat shall proclaim them in the village at least seven days before hand. On the date so fixed the Executive Engineer. shall depute a Canal Deputy Collector or Irrigation Inspector to preside at the election, which shall be held in the manner prescribed in rule 152. The new panch, so elected and approved by the Collector shall hold office for the un expired portion of the term of the panchayat.
158. No election of a panch or Sarpanch shall be called in question except by a petition presented to the Collector within 14 days from the date on which the result of election was pasted in the village. The Collector may depute any of his subordinates or may arrange with the Executive Engineer to depute a canal officer or canal subordinate to inquire into and dispose of the petition.
159. If, after such inquiry as he considers necessary, the Collector or the officer deputed to make the inquiry as the case may be, is of the opinion that the election complaint, has been procured or induced or the result of the election has been materially affected by corrupt or illegal practice, he may declare it void and order a fresh election to be held.
160. The Collector or the Revenue Officer making an Inquiry under rule 159 shall have the powers of a Revenue Officer specified in sections 33 and 34 of .the Madhya Pradesh Land Revenue Code, 1959 and a canal officer or canal subordinate shall have the powers of a Canal Officer specified in rules 12 to 24, in either case his order shall be final.
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161. The Sarpanch elected under rule 156, or in his absence any member of the panchayat authorized by him in this behalf, shall give due notice to the other panchas of the date, time and place fixed for each meeting and of the nature of the business to be discussed or work to be done.
162. Every meeting of the panchayat shall be presided by the Sarpanch. Provided that, if when any meeting is held and the office of sarpanch is vacant, or the sarpanch is absent from the meeting, the panchas present shall appoint one of their members to Preside over the meeting.
163. One half of the total number of panchas including the sarpanch, if present, shall form a quorum. The President shall have a deliberative vote and shall also, in case of an equal division. have a casting vote. He shall regulate the course of all business to be brought forward and shall preserve order. The meeting of the panchayat shall be open to the public but on a motion, carried by a majority of the panchas, the public shall be required by the President to withdraw.
164. The Panchayat shall keep In Hindi a brief record of its meetings and proceedings in a book.