GOVERNMENT OFIRIPURA PANCHAYAT DE-PARTM'ENT ' THE TRIPURA PANCHAYATS (Election of Office- Bearers?)
RI_UL'ES,'1'994.W :
GOVERNMENT OF TRIPURA RD (PANCHAYATS) DEPARTMENT (As amended Upto the 2 lst July, 1999, Vlde RD (Panchayats) Department Notification No.F.6(2-23)-GL/PR/98, dated 215t]u1y, I999.)
NOTIFICATION In exercise of the powers conferred by sub-section (1) of Section. 228 of the Tripura Panchayat Act, 1993, the State Government hereby makes the following Rules, namely — Short title and commencement.
Definition Rotational allotment of reserved seats
CHAPTER — I PRELlMINARY
(1) These rules may be called the Tripura Panchayats (Election of Office Bearers) Rules. 1994 ;
(2} They shall come into force at once.
In these rules. unless there is anything repugnant to the subject or its context -
(a) ‘Act’ means the Tripura Panchayats Act. 1993 ;
(Tripura Act No. 7 of 1993 ) ;
(b) ‘Form’ means a Form appended to these rules ;
(c) 'Section' means Section of the Act ;
The expression used in these rules, but not defined, shall have the meanings assigned to them respectively in the Act ;
The Tripura General Clauses Act. 1996 shall apply for interpretation of these rules as it applies for the interpretation of an Act of the Tripura Legislative Assembly.
CHAPTER — || Allotment by rotation of the reserved offices of Gram Pradhan as pravided in the proviso to sub-section (4) of Section 20, shall be done in the following manner, namely —
(1) After working out total number of seats of offices of the Gram Pradhans in the State to be reserved for Scheduled Tribes, Scheduled Castes and Women. the State Government shall be order declare the seats so reserved and for convenience or avoiding any practical difficulty may make Block wise arrangements of such reservation.
*[ (2) In order to ensure rotational reservation as enjoined by the last proviso to clause (4) of the Art. 2430 of the Constitution in every such arrangement regarding reservation of seats, whether Block-wise or otherwise. all the offices of the Gram Pradhan shall be numbered in such manner as may be determined by the State Government and reserved seats may be allotted against odd or even numbers column, arranged serially in ascending order. as may be decided by the State Government in order to avoid repetition of reservation. In the next general election reserved seats of Gram Pradhan may be allotted against even numbers column if it was against odd numbers column in the preceding election. Similarly, reserved seats of Gram Pradhan may be allotted against odd numbers column if it was against even numbers column in the preceding election. The reserved seats may then numbered seats in the aforesaid manner after every general election.
For the third term of election the same procedure shall be followed.
However. if in the respective column of odd or even numbers, as the case may be, any serial number remains uncovered in rotation of eartier elections then the rotation in the third term shatl start from the respective serial number so uncovered. After exhausting such uncovered numbers, if any, the reservation rotation shalt continue from the column of odd or even numbers. as the case may be.
Provided that in any term even if in the column of odd numbers column or even numbers column, as the case may be, required reserved number can not be found, the search shall. in order to maintain rotational reservation as enjoined by the ConstitLiion, confine to that column only]
(3) For the purpose of allotting reserved seats for women in the offices of the Gram Panchayats, the serial numbers of allotted reserved seats for the Scheduled Tribe and the Scheduled Caste together and General community shall be sperately arranged in two lists in the ascending order. The first seat and then every third seat of Gram Pradhan from each list shall be reserved for the women of the respective communities in the first General Election . 1n the second General Election the reserved seats for women shall rotate by allotting second seat and then every third seat commencing from the second seat. Thus, the rotation of seats for women shall be made by way of allotting the first and then the second and again first seat. Thereafter, every third seat shatl be allotted commencing from first, or as the case may be, the second seat ;
. Provided that rotationat allotment shall be made only from those Gram Panchayats which have at least one elected women member.
w” The provisions of sub-rule (2} and two provisos thereto within the square brackets have been substituted by amendment w‘de RD(Panchayats) Department Notification No.F. 6(2—23J-GUPR/ 98, dated 21-7-1999.
Election of Pradhan and Up Pradhan of Gram Panchayat “I -3-
(4) Allotment by rotation done in the aforesaid manner shall be final and binding on all.
(5 ) Notwithstanding anything contained in the foregoing provisions of these Rules, the Principle of rotation for the purpose of reservation of the offices of Pradhans shall commence from the first General Election and the roster for reservation by rotation shall continue for three successive terms to complete the full rotation unless the State Government, for reasons to be recorded in writing, by notification, directs fresh commencement of the rotation at any stage excluding the earlier term or terms of Elections from the operation of the rotation and in such event, notwithstanding anything contained in the sub—rule (2), reserved seats may be allotted against odd or even number serial as may be considered reasonable, for the purpose of avoiding repetition, as far as practicable. ]
(1) The District Panchayat Officer of the District shall be the prescribed authority for the purpose of sub—section (2) of that Section.
Within then days from the date of constitution of a Gram Panchayat under sub-section (5) of Section 17 or within such further time as may be extended by the District Panchayat Officer. the prescribed authority shall convene the first meeting of Gram Panchayat. For the purpose.
the District Panchayat Officer shall give a written notice of first meeting in Farm 1 to all members as far as practicable seven days before such meeting. The members shall take oath before the meeting and elect the Pradhan and Upa Pradhan in the meeting. The authority specified under Section 217(1) or any officer nominated by such authority shall administer oath to the members and preside over the meeting.
(2) Simple majority of the elected members of a Gram Panchayat shall form the quorum for the first meeting. The first meeting shall be held after the members present have taken oath. if there is no quorum for the first meeting the Presiding Officer shall adjourn the meeting and submit a report to the District Panchayat Officer. The adjourned first meeting shall be convened within 10 (ten) days by the concerned District Panchayat Officer in the same manner as in the case of first meeting.
(3) The Presiding Officer shall, after taking of oath is over and immediately after the commencement of the meeting call upon the members present to prOpose the names of the candidate for election of the Pradhan of the Gram Panchayat. One member only shall be required to propose name of a candidate. The Presiding Officer shall record the name of each candidate proposed, name of his party. if any, together with the name of the proposer and name of his party. He shall reject a proposal.
’1] The new provision sub—rule (5) within the square brackets has been inserted by amendment Vida RD(Panchayets) Department Notification No‘F.6(2-23)-GUPR/ 98.
dated 21-7-1999.
Election of Upa Pradhan.
Certlficate of election.
7.
i) if the seat is reserved but the proposal does not conform to reservation requirement ; or ii) if the proposal has been made after the list of candidates has been finalized by him in Form 2. If the candidate, whose name is proposed, is absent, the proposer shall submit the consent paper of the candidate to the Presiding Officer in Form — 3.
(4) If only one candidate is proposed. the Presiding Officer shall in Form — 4, declare him to be duly elected Pradhan of the Gram Panchayat. If more than one candidate have been proposed, the Presiding Officer shall cause to be prepared list of candidates in Form — 5 and asked the members to cast their votes in favour of their chosen candidate by showing hands. The Presiding Officer shall call out names of candidates one by one serially as arranged in Form- 5 in Bengali alphabetical order and record the number, and names and political party, if any, of the members who have raised their hands in favour of a candidate. He shall obtain signature of the members who raised hands. No member shall cast more than one vote. if any member casts more than one vote. all of his votes shall be liable to be rejected. If any member abstains from voting. it shall be recorded in Remark Column for Form — 5 against the name of the members by the Presiding Officer.
After completion of vote the Presiding Officer shall. in Form — 4 declare the candidate who has secured the largest number of votes to be duly elected Pradhan of the Gram Panchayats. in case of equal number of votes being recorded in favour of two or more candidates the Presiding Officer shall decide the result of the elections by lot in such a manner as the Presiding Officer shall deem fit and thereupon the candidate in whose favour the lot falls shall be deemed to have received on additional vote and shall be declared to be duly elected as Pradhan of the Gram Panchayats.
After the election of Pradhan. the election of the Upa Pradhan shall be held in the same manner as provided in sub-rule (4) of Rule — 6 :
Provided that for the office of the Upa-Pradhan there shall be no reservation.
(1) The Presiding Officer shall toward the names of the Pradhan and Upa Pradhan duly elected to the District Panchayat Officer who shall grant a Certificate of Election in Form 6 to the duly elected Pradhan and Upa Pardhan and thereafter send the names to the District Panchayat Officers to publish their names in the Official Gazette.
The word ‘be’ after the word ‘to' and before 'the’ word 'has been deleted by amendment vide RD(Panchayats) Department Notification No.F.6(2-23)-GL/PR/ 98.
dated 214-1999.
Oath of allegiance to be taken by the Pradhan and Upa Pradhan.
Casual Vacancy Rotational allotment of reserved seats.
10.
11.
(2) The District Panchayat Officer shall retain all papers relating to the election of the Pradhan and Upa Pradhan of a Gram Panchayats for a period of six months from the date of declaration of result which shall.
there after be destroyed unless othenlvise directed by the Director of Panchayats.
(1) Notwithstanding anything contained in the Indian Oaths Act.
1873 (x of 1873). every person who is elected as Pradhan or Upa Pradhan shall before entering upon his office make and subscribe. an oath or affirmation of his allegiance to the Constitution of India in the following form. namely - “ I Shri l Smti AB. having been elected a Pradhan of the .................
Gram Panchayat do swear in the name of God I solemnly affirm that I will bear true faith a allegiance to the Constitution of India as by law established and that I will faithfully discharge the duties upon which i am about to enter."
(2) Any person who having been elected as Pradhan or Upa Pradhan fails to make within three months from the date of election to such office the oath or affirmation as laid down in the sub-rule (1) of this rule, shall cease to hold such office and his seat shall be deemed to have become vacant and casual vacancy shall be deemed to have occurred in the Office of Pradhan or, Upa Pradhan. as the case may be. on the date of expiry of three months which shall be filled up in the manner prescribed in these rules unless the delay is condoned by the State Government for any special reason.
(3) An elected Pradhan and Upa Pradhan shall make an oath or affln'nation of his allegiance to the Constitution before the District Panchayat Officers or any officer appointed by him in this behalf.
As soon as may be, but not later than *[ Sixty days] from the date of any Casual Vacancy in the Office of the Pradhan or Upa Pradhan for reasons specified in Section 24 and Section 25, the District Panchayat Officer shall convene a meeting of all the members of such Gram Panchayat for the election of its Pradhan or. as the case may be.
the Upa Pradhan in the same manner as provided in the rule 6.
Allotment by rotation of the reserved offices of Chairman of the Panchayat Samiti as provided in the proviso to sub—section (2) of Section 79 shall be done in the following manner namely —
(1) After working out total number of seats in the offices of the Chairman in the State to be reserved for. Scheduled Tribe, Scheduled .
Caste and Women. the State Government by order declare the seats so reserved in the State.
'1] “The word within the square brackets has been substituted by amendment vide RD(Pancheyats) Department Notification No.F.6(2-23)-GL/PR/ 98, dated 21-7-1999.
*[ (2) In order to ensure rotational reservation as enjoined by the last proviso to clause (4) of Art. 2430 of the Constitution, for the purpose of rotational allotment of the reserved seats, all the offices of Chairman of Panchayat Samitis shall be numbered in such manner as may be determined by the State Government. Then reserved seats may be allotted against odd or even numbered column. arranged serially in ascending order. as may be decided by the State Government in order to avoid repetition of reservation. In the next general election. reserved seats of Chairman may be allotted against even numbers column if it was against odd numbers column in the preceding election. Similarly.
reserved seats of Chairman may be allotted against odd numbers column in the preceding election. Similarly, reserved seats of Chairman may be allotted against odd numbers column if it was against even numbers column in the preceding election. The reserved seats may then be allotted by rotation among the odd numbered or even numbered seats in the aforesaid manner after every general election.
For the third term of election the same procedure shall be followed.
However. if in the respective column of odd or even numbers, as the case may be. any serial number remains uncovered 'in rotation of earlier eleotions then the rotation in the third term shall start from the respective serial number so uncovered. After exhausting such uncovered numbers, if any. the reservation rotation shall continue from the column of odd or even numbers, as the case may be
Provided that in any term even if in the column of odd numbers column or even numbers column. as the case may be, required reserved number can not be found. the search shall, in order to maintain rotational reservation as enjoined by the Constitution. confine to that column only. ]
(3) For the purpose of allotting reserved seats for women in the offices of Panchayat Samitis serial number of the allotted reserved seat for the Scheduled Tribe and Scheduled Caste together and General community shall be separately arranged in two lists in ascending order.
The first seat and then every third seat of Chairman from each list shall be reserved for the women of the respective community in the first General Election. tn the second General Election the reserved seat for women shall be rotated by allotting second seat and then every third seat commencing from the second seat. Thus. the rotation of seats for women shall be made by way of allotting the first and then allotting every third seat commencing from the first, or as the case may be, the second seat :
Provided that rotational allotment shall be made only from those Panchayat Samitis which have at least one elected woman member.
*[] The provisions of sub—ruie (2) of Rule 11 and two provisos thereto within the square brackets have been substituted by amendment vide RDfPanchayats) Department Notification No.F. 5(2-23)—GL/PR/ 98, dated 21-7-1999.
Notice of Election.
Eligibility for the office or the Chairman.
*[
12.
13.
(4) Allotment by rotation done in the aforesaid manner shall be final and binding on ail. '
(5) Notwithstanding anything contained in the foregoing provision of these Rules, the principle of rotation for the purpose of reservation of the Offices of Chairman shall commerce for the first General Election and the roster for reservation by rotation shall continue for three successive terms to complete the full rotation unless the State Government, for reasons to be recorded in writing. and by notification, directs fresh commencement of the rotation at any stage excluding the earlier term or terms of Elections from the operation of the rotation and in such event, notwithstanding anything contained in the sub-rule (2), reserved seats may be allotted against odd or even number serial as may be considered reasonable. for the purpose of avoiding repetition.
as far as practicable. ] As soon as may be after the constitution of the Panchayat Samiti is notified in the Official Gazette under sub-section (5) of Section 74 of the Act, but not later than ten days from the date of publication of the Notification constituting the Panchayat Samiti or within such further time. as the case may be. allowed by the State Government. the District Panchayat Officer shall convene the first meeting of all the directly elected members of the Panchayat Samiti for taking oath and for the election of a Chairman and a Vice Chairman of the Panchayat Samiti, by fixing a date, ptace and time and causing a written Notice to this effect in Fonn 7 to be served on each directly elected member of the Panchayat Samiti so as to reach him as far as practicable seven days before the date fixed for the meeting.
(1) A directly elected member of a Panchayat Samiti only shall be eligible for being a candidate for the office of the Chairman of the Panchayat Samiti.
(2) A directly elected member shall not be eligible for such election unless he declares in writing in Form 19 before election that on being elected he shall be a whole time functionary of his office and that during the period for which he holds or is due to hold such office. he shall not hold such office of profits unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling that shall or is likely to interfere with due exercise of his powers or due performance of his functions or due discharge of his duties.
* ] A new sub-ruie viz. “(5)” within the square brackets has been inserted by amendment vide RD(Panchayats) Department Notification No.F.6(2-23)-GUPR/ 98, dated 21-7-
1999.
Procedure of Election.
14. (1) 0n the day of the first meeting the elected members. before taking seat shall make or subscribe oath or affirmation of his allegiance before the authority specified by the State Government under subsection (1) of Section 217. The said authority shall preside over the first meeting :
Provided that the first meeting shall not be held without a quorum of majority of the elected members.
(2) The Presiding Officer shall call upon the members present in the first meeting to propose the name of the candidate for election of the Chairman of the Panchayat Samiti. One member shall be required to propose the name of a candidate. If the candidate whose name is so proposed is absent, the proposer shall. While proposing the name of the candidate. also submit to the Presiding Officer the consent paper of the candidate in Form 8. The Presiding Officer shall record the name of the eendidates proposed, name of the part. if any, together with the names of the proposer, name of the party, if any. in Form 9. He shall reject any proposal -
(i) if the seat is reserved but the proposal does not conform to reservation requirement : or
(ii) if the proposal has been made after the list of candidate has been finalized by him.
(3) If only one candidate is and found eligible the Presiding Officer shall, in Form 10 declare him to be duly elected as Chairman of the Panchayat Samiti. If more than one candidates have been proposed and if they are found eligible, the Presiding Officer shall cause to be prepared a list of contesting candidates in Bengali alphabetical order in Form - 9.
(4) The Presiding Officer shall call out the names of the candidates one by one serially as arranged in Bengali alphabetical order. and record the number of names. and political party. if any. of the members who have raised hands in favour of a candidate in Form 11. He shall obtain the signatures of the members who raised hands. No member shall cast more than one vote. if any member cast more than one vote.
all of his votes shall be liable to be rejected. if any member abstains from voting. it shall be recorded in Form 11 in the Remark Column against the name of the members by the Presiding Officer. After completion of voting in favour of the candidates the Presiding Officer shall in Form - 10 declare the candidate who has secured the largest number of votes to be duly elected Chairman of the Panchayat Samiti.
In case of equal number of votes being recorded in favour of two or more candidates. the Presiding Officer shall decide the result of the election by lot in such manner as the Presiding Officer shall deem fit and thereupon the candidate in whose favour the lot falls shall be deemed to have secured one additional vote and shall be declared to be duly elected as Chairman of the Panchayat Samiti.
Election of Vice 15.
Chairman.
16.
Certificate of Election.
17.
Oath of allegiance to be taken by the Chairman and Vice Chairman.
After the election of the Chairman of the Panchayat Samiti. the election of the Vice Chairman shall be held in the same manner as provided in rule 14 :
Provided that for the Vice Chairman there shall be no reservation and no declaration shall be required as provided in sub rule (2) of rule 13 :
Provided further that when the office of Chairman falls vacant by reason of -
(i) death, resignation, removal of the Chairman ; or
(ii) by reason of leave, illness or other cause he is temporarily unable to act. the Vice Chairman shall exercise the powers, perform the functions and discharge the duties of the Chairman. In case mentioned in (i) *[ and (ii) ] before taking over the office of the Chairman of the Panchayat Samiti, the Vice Chairman shall have to furnish a declaration in Form — 20 and shall take oath or affirmation before assumption of the office of the Chairman.
(1) The District Panchayat Officer shall grant a Certificate of Election in Form 12 to the duly elected Chairman, 'and Vice Chairman and thereafter send the names to the Director of Panchayats to publish their names in the Official Gazette as the duly elected Chairman and Vice Chairman of the Panchayat Samiti.
(2) The District Panchayat Officer shall retain all papers relating to the election of the Chairman and Vice Chairman of a Panchayat Samiti for a period of at least six months from the date of declaration of result which shall thereafter be destroyed unless otherwise directed by the Director of Panchayats.
(1) Notwithstanding anything contained in the Indian Oaths Act, 1873 (x of 1873) every person who is elected as Chairman or Vice Chairman shall before entering upon his office make and subscribe an oath or affirmation of his allegiance to the Constitution of India before the Director of Panchayats or one office authorized by him in the following form namely - "I Shri I Smti A, B, having been elected as Chairman 1' Vice Chairman of the Panchayat Samiti do swear in the name of God I solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duties upon which I am about to enter."
*H The word & figure within the square brackets have been inserted by amendment videRD(Panchayats) Department Notification No.F. 6(2-23)-GL/PR/ 98. dated 21-7—1999.
Casual Vacancy Rotational allotment of reserved seats.
18.
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(2) If any person having been elected as Chairman or Vice Chairman fails to make within three months from the date of election the oath or affirmation laid down in the sub-rule (1), shall cease to hold the office and his seat shall be deemed to have become vacant unless the delay is condoned by the State Government for any special.
(1) As soon as may be but not later than sixty days from the date of any Casual Vacancy in the Office of the Chairman or Vice Chairman for reason as specified in Section 83 of the Act, the District Panchayat Officer shall convene a meeting of all the members of such Panchayat Samiti for the election of its Chairman or, as the case may be. the Vice Chairman in the same manner as provided in the rule 14.
(2) The election of the office of the Chairman or, as the case may be, the Vice Chairman shall be held in the same manner as provided in the foregoing provisions of these rules.
CHAPTER — Ill
19. Allotment by rotation of the reserved offices of Sabhadhipati of a Zilla Parishad shall be done in the following manner, namely —
(1) After working out the total number of seats in the Office of the Sabhadhipati of the Zilla Parishad in the State to be reserved for Scheduled Tribes, Scheduled Castes and Women. the State Government by an order. declare the seats so reserved in the State.
*[ (2) In order to ensure rotation reservation as enjoined by the last proviso to clause (4) of Art. 2430 of the Constitution, for the purpose of rotational allotment of the reserved seats. all the offices of Sabhadhipatis of Zilla Parishads shall be numbered in such manner as may be determined by the State Government. Then reserved seats may be allotted against odd or even numbers column, arranged serially in ascending order, as may be decided by the State Government in order to avoid repetition of reservation. to the next general election. reserved seats of Sabhadhipati may be allotted against even numbers column if it was against odd numbers column in the preceding election. Similarly, reserved seats of Sabhadhipati may be allotted against odd numbers column if it was against even numbers column in the preceding etection. The reserved seats may then be allotted by rotation among the odd numbered or even numbered seats in the aforesaid manner after every general election. For the third term of election the same *[l -11- procedure shall be followed. However, if in the reapective column of odd or even numbers, as the case may be, any serial number remains uncovered in rotation of eanier elections then the rotation in the third term shall start from the respective serial number so uncovered. After exhausting such uncovered numbers, if any. the reservation rotation shall continue from the column of odd or even numbers, as the case may be.
Provided that in any term even if in the column of odd numbers column or even numbers column. as the case may be, required reserved number can not be found. the.
search shall, in order to maintain rotational reservation as - enjoined by the Constitution, confine to that column only. ]
(3) For the purpose of allotting reserved seats for women in the offices of the Zilla Parishad. serial numbers of the allotted reserved seats for the Scheduled Tribe, Scheduled Caste together and General community shall be separately arranged in two lists in ascending order. The first seat and then every third seat of the Sabhadhipati from each list shall be reserved for the women of the respective community in the first General Election In the second General Election the reserved seat for women shall be rotated by allotting the second seat and then every third seat commencing from the second. Thus. the rotation of seats for women shall be made by way of allotting the first and then second and again first seat and then allotting every third seat commencing from the first or, as the case may be. the second seat :
Provided that rotational allotment shall be made only from those Zilla Parishad which have at least one eiected woman member
(4) Allotment by rotation done in the aforesaid manner shall be final and binding on all.
**[ (5) Notwithstanding anything contained in the foregoing provision of these Rule, the principle of rotation for the prupose of reservation of the Offices of Sabhadhipati shall ' commence form the first General Election and the roster for reservation by rotation shall continue for three successive terms to complete the full rotation unless the State Government for reasons to be recorded in writing.
and by notification, directs fresh commencement of the rotation at any stage excluding the earlier term or terms of The provisions of Sub-rule (2) of Rule 19 and two provisos thereto Wlit‘ifT the square brackets have been substituted by amendment wde RD(Panchayats) Department Notification No.F.6(2-23)-GL/PR/ 98. dated.
21-7—1999.
Notice of Election. 20.
Eligibility for the office of 21.
the Sabhadhipati.
Procedure of 22.
Election.
-12_ Elections for the operation of the rotation and in such event ; notwithstanding anything contained in the sub—rule-
(2), reserved seats may be allotted against odd or even number serial as may be considered reasonable. for the purpose of avoiding repetition. as far as practicable. ] As soon as may be, after the constitution of Zilla Parishad is notified in the Official Gazette as per subsection (5) of Section 126, but not later than ten days from the date of publication of the Notification constituting the Zilla parishad or within such further time as may be allowed by the State Government, the Director of Panchayat or an officer authorized in writing by him in this behalf, shall convene the first meeting of all the directly elected members of the Zilla Parishad for the taking of oath and for the election of a Sabhadhipati and Sahakari Sabhadhipati of a Zilla Parishad, by fixing a date, place and time and causing a written notice to this effect in Form — 13 to be served on each directly elected member of the Zilla Parishads so as to reach as far as practicable seven days before the date fixed for the meeting.
(1) A directly elected members of Zilla Parishad only shall be eligible for being a candidate for the office of the Sabhadhipati of the Zilla Parishad.
(2) A directly elected member shall not be eligible for such election unless he declares in writing in Form — 19 that on being elected he shall be a whole time functionary of his office and that during the period for which he holds or is due to hold such office he shall not carry on or be associated with any business, profession or calling that shall or is likely to interfere with due exercise of his powers, due performance of his functions or due discharge of his duties.
(1) On the day of the first meeting the directly elected member. before taking seat shall make and subscribe oath or affirmation of his allegiance before the autority specified by the State government under sub-section (1) of Section
217. The said meeting shall be presided over by the Director of Panchayats or an officer authorized by him in writing in this behalf at which a quorum of majority of directly elected members are present.
** [] The new provisions as new clause viz. '(5)’ within the square brackets has been inserted by amendment vide RD(Panchayats) Depan‘ment Notification No.F 6(2-23)-Gl_/PR/ 98, dated 21-7—1999.
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(2) The Presiding Officer shall call upon the members present to propose the name of the candidate for election of the Sabhadhipati of a Zilla Parishad. One member only shall be required to propose name of a candidate. If the candidate whose name is so proposed is absent. the proposer shall, while proposing the name of the candidate also submit to the Presiding Officer the consent papers of the candidate in Form 14. The Presiding Officer shall record the name of the candidate proposed name of his party, it any. together with the name of the proposer aiongwith name in Form 15. He shall reject any proposal -
(i) if it is a reserved seat but proposal does not satisfy reservation criterion ;
or
(ii) if the proposal has been made after the list of candidate has been finalized by him.
(3) If only one candidate is proposed and found eligible the Presiding Officer shall, in Form 17 declare him to be duly elected as Sabhadhipati of a Zilla Parishad. If more than one candidate have been proposed and if they are found eligible, the Presiding Officer shall, cause to be prepared a list of eligible contesting candidates in Bengali alphabetical order in Form — 15.
(4) The Presiding Officer, thereafter, shall call out the name of candidates serially as per list prepared one after another and ask the members present who are willing to cast their vote by showing hands in favour of him. The Presiding Officer shall then write down the number and name of members who have raised their hands in favour of candidates and obtain their names. No member shall cast more than one vote. if any member casts more than one vote, then all the his votes shall be liable to be rejected. it any member abstains from voting, it shall be recorded in Form 16 in the Remarks Column. After completion of vote, the Presiding Officer shall. in Form 17, declare the candidate who has secured the largest number of votes to be duly elected Sabhadhipati of the Zilla Parishad. In case of equal number of votes being recorded in favour of two or more candidates the Presiding Officer shall decide the result of the election by lot in such manner as the Presiding Officer shall deem fit and thereupon the candidate in whose favour lot falls shall be deemed to have secured one additional vote and shall be declared to be duly elected as Sabhadhipati of the Zilla Parishad.
Election of Sahakari 23.
Sabhadhipati.
24.
Certificate of Eiection.
-14- After the election of the Sabhadhipati of the Zilla Parishad, the election of the office of the Sahakari Sabhadhipati shall be held in the same manner as provided in the Rule 22.
Provided that for the office of the Sahakari Sabhadhipati there shall be no reservation and no declaration shall be required as provided in sub—rule (2) of Rule '[21].
Provided further that when the office of the Sabhadhipati falls vacant by reason of -
(i) death, resignation, removal ;
or
(ii) by reason of leave, illness or other cause he is temporarily unable to act, the Sahakari Sabhadhipati shall exercise the powers. perform the functions and discharge the duties of the Sabhadhipati In the circumstances mentioned in (i) and (ii) before taking over the office of the Sabhadhipati of a Zilla Parishad, the Sahakari Sabhadhipati shall have to furnish a declaration in Form 20 and shall take oath or affirmation before assumption of the office of the Sabhadhipati.
(1) The Director of Panchayats shall grant Certificate of Election in Form 16 to the duly elected Sabhadhipati and Sahakari Sabhadhipati and thereafter publish their names in the Official Gazette as the duly elected Sabhadhipati and Sahakari Sabhadhipati of the Zilla Parishad of a District.
(2) The Director of Panchayats shall retain all papers relating to the election of Sabhadhipati and Sahakari Sabhadhipati of a Zilla Parishad for a period of at least six months from the date of declaration of result with shall thereafter be destroyed unless otherwise directed by the State Government.
* [l The tigere within the square brackets has been substituted by amendment vide RD(Panchayats) Department Notification No.F.6(2-23)- GL/PR/ 98. dated 21-7-1999.
Oath of allegiance to be taken by the Sabhadhipati and the Sahakari Sabhadhipati.
Casual Vacancy.
Procedure to deal with question regarding disqualification on ground of defection.
25.
26.
27.
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(1) Notwithstanding anything contained in the Indian Oaths Act, 1873 ( x of 1873) every person who is elected as Sabhadhipati or Sahakari Sabhadhipati shall before entering upon his office make and subscribe an oath or affirmation of his allegiance to the Constitution of India before the Secretary to the Government of Tripura, Panchayat Department or such other officer as may be authorized in writing by him this purpose in the following form ;
“ 1 Shri I Smti A.B. having been elected as Sabhadhipati I Sahakari Sabhadhipati of the Zilla Parishad do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duties upon which I am about to enter."
(2) Any person who having been elected fails to make a oath of affirmation within three months from the date of election shall cease to hold tne office and his seat shall be deemed to be become vacant unless the delay is condoned by the State Government for any special reason.
(1) As soon as may be. but not later than sixty days from the date any casual vacancy occurs in the office of Sabhadhipati or Sahakar Sabhadhipati for reasons specified in Section 136 of the Act, the Director of Panchayats shall convene'meeting of all the members of such Zilla Parishad for the election of its Sabhadhipati or.
as the case may be, the Sahakari Sabhadhipati in the same manner as provided in rule 21.
(2) The Election of Sabhadhipati or. as the case may be, the Sahakari Sabhadhipati shall be held in the same manner as provided in the foregoing provision of these rules.
CHAPTER - IV
(1) In any meeting of a Gram Panchayat, or a Panchayat Samiti or a Zilla Parishad; where vote is taken for election or for any other purpose, the Presiding Officer shall, if his attention is drawn that any member has voted or abstained from voting contrary to the direction of the political party to -16- which he belongs and thereby has earned disqualification under Section 16. or Section 76, or Section 128, record the facts in the Remarks Column of the record of proceedings of the meeting, obtain clarification from such member and then refer the question to the Block Development Officer or, as the case may be. the District Magistrate having jurisdiction for decision in Form 6A, or 12A or 17A as the case may be.
(2) if the Gram Panchayat or a Panchayat Samiti or a Zilla Parishad received a written information from a political party or from a member that the member has voluntarily given up the membership of the party or the member having been elected otherwise than as a member of a political party has joined the political party has joined the poiiticai party, the Pradhan or Upa Pradhan in case of Gram Panchayat, the Chairman or Vice Chairman in case of Panchayat Samiti or Sabhadhipati or Sahakari Sabhadhipati in case of Zilla Parishad shall refer the question to the Block Development Officer or. as the case may be, the District Magistrate to decide whether such member has earned disqualification under Section 16, or Section 76. or Section 128 in Form 6A, 12A or 17A as the case may be.
(3) Every such member who is alleged to have earned disqualification by reason of voting or abstained from voting contrary to the direction of his political party, may submit letter or prior permission or condonation to the Block Development Officer or, as the case may be, the District Magistrate having jurisdiction within thirty days from the date of voting and such authority shall take up the question of disqualification only after expiry of the said period of thirty days and decide the same within fifteen days from the expiry of the said period of thirty days.
(4) If the authority, as aforesaid, is satisfied on the basis of the report of the Presiding Officer and after making such enquiry as he may consider necessary that any such member has become disqualified under Section 16 or, as the case may be, Section 76 or Section 128. record his decision, communicate it to the Gram Panchayat concerned, or. as the case may be. the Panchayat Samiti or the Zilla Parishad and make declaration in Form 68. or 128, or 178 as the case may be. that the member has ceased to be the member of the Gram Panchayat or, as the case may be. the Panchayat Samiti or the Zilla Parishad.
28.
Casual Vacancy in the office of the Pradhan or Chairman or Sabhadhipati.
29.
Disputes relating to the validity of the Election of Pradhan and Upa Pradhan, Chairman, Vice Chairman. Sabhadhipati, Sahakari Sabhadhipati.
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(1) Whenever a vacancy occurs in the office of the Pradhan of a Gram Panchayat or Chairman of a Panchayat Samiti or Sabhadhipati of a Zilla Parishad by reason of removai, resignation. death or otherwise, the Upa Pradhan or, as the case may be, the Vice Chairman or the Sahakari Sabhadhipati shall perform and discharge the functions and duties of the Pradhan, Chairman or Sabhadhipati respectively till a new incumbent in the vacant office is elected :
Provided that when such office of the Pradhan of the Pradhan of a Gram Panchayat or Chairman of a Panchayat Samiti or Sabhadhipati of a Zilla Parishad is reserved for Scheduled Tribes, Seheduled Castes or Women and there is no eligible candidate for election to that office. the Upa Pradhan or Vice Chairman or Sahakari Sabhadhipati shall continue to discharge the duties and perform the functions of the Pradhan or Chairman or Sabhadhipati respectively for the unexpired tern of the office till such members are elected through by-election.
(1) Any dispute relating to election to the office of Pradhan or Upa Pradhan of a Gram Panchayat shall be decided by the Sub—Divisional Magistrate having local jurisdiction.
(2) Any dispute relating to election .to the office of the Chairman or Vice Chairman or a Panchayat Samiti shall be decided by the District Magistrate having local jurisdiction.
(3) Any dispute relating to election to the office of the Sabhadhipati or Sahakari Sabhadhipati of a Zilla Parishad shall be decided by a Secretary to the Government to be appointed by the State Government.
(4) The authority, as aforesaid, shall give notice to the contending parties, call for all the records regarding the election in dispute, give the parties an opportunity of being heard and decide the dispute within a period of sixty days from the date of raising the dispute.
(5) Notwithstanding anything herein contained. pendency of the dispute shall not disentitle the incumbent declared to be elected to continue in his office.
Temporary appointment 30.
of Pradhan I Upa Pradhan, Chairman! Vide Chairman. Sabhadhipati!
Sahakari Sabhadhipati.
Election of members of 31.
Standing Committee of Panchayat Samiti -13-
(1) The prescribed authority mentioned in sub—section (8) of Section 20 of the Act, shall be the Block Development Officer of the respective Block who shall, when both Pradhan and Upa Pradhan are unable to act temporarily appoint a Pradhan and a Upa Pradhan from among the members of the Gram Panchayat to act as such until the Pradhan or Upa Pradhan is elected or until the Pradhan or the Upa Pradhan resumes office, as the case may be.
(2) The prescribed authority mentioned in sub—section (7) of Section 78 of the Act shall be the District Magistrate who shall. when offices of both Chairman and Vice Chairman are vacant or they are temporarily unable to act, appoint a Chairman and a Vice Chairman from the members of the Panchayat Samiti to act as such until a Chairman or the Vice Chairman is elected as assumes office or until the Chairman or the Vice Chairman resumes his duties, as the case may be.
(3) The prescribed authority mentioned in sub-section (7) of Section 130 of the Act, shall be the Secretary to the government of Tripura, Panchayat Department who shall, when both the offices of Sabhadhipati or Sahakari Sabhadhipati are vacants or they are temporarily unable to act. appoint a Sabhadhipati and a Sahakan‘ Sabhadhipati from among the members of the Zilla Parishad to act assuch until a Sabhadhipati or a Sahakari Sabhadhipati is elected and assumes office or until the Sabhadhipati or Sahakari Sabhahdipati resumes his duties, as the case may be.
CHAPTER -V
(1) Within ten days from the date of election of the Chairman of a Panchayat Samiti or within such further time as may be allowed by the Director of Panchayats the Sub-Divisionai Officer shall call a meeting of the members of a Panchayat Samiti for election under clause (b) of subsection (2) of Section 107 of the Act for election of members of Standing Committee by fixing a date. time and place and causing a written notice thereof in Form 21 shall be served on each member including the ex-officio members of the Panchayat Samiti as far as practicableseven days before the date fixed for the purpose.
(2) Such meeting shall be presided over by the Sub- Divisional Officer.
Election of President of a 32.
Standing Committee of Panchayat Samiti.
-19- ‘ (3) The majority of the members including the ex-officio members shall form the quorum. If on the date of the meeting there is no quorum that Presiding Officer shall adjourn the meeting which shatl be held on a date to be fixed by the Sub-Divisional Officer in the same manner :
Provided that no quorum shall be necessary for an adjourned meeting.
(4) The Presiding Officer shall immediately after commencement of the meeting inform the members present to elect such number of members in each Standing Committee as may be determined by the State Government keeping in view the total number of directly elected member of such Panchayat Samiti. He shall inform the meeting the number of members to be elected for each Committee.
(5) The Presiding Officer shall follow the procedure as may be directed by the State Government for electing the member of the Standing Committee and announce the same in the meeting.
(6) As soon as the election of members of all Standing Committee is completed. the Presiding Officer shall forthwith forward the names of elected members of Standing Committee of Panchayat Samiti to the Director of Panchayat, for publication in the Official Gazette. He shall also forward the names of eiected members of all Standing Committee to the District Magistrate, District Panchayat Officer, Chairman or the concerned Panchayat Samiti and Block Development Officer concerned.
(7) The papers relating to the election of members of Standing Committee of the Panchayat Samiti shall be sent to the District Panchayat Officer for safe custody for three months after which the District Panchayat Officer may destroy the same unless otherwise directed by the Director of Panchayats.
CHAPTER — VI
(1) Within one week from the date of election of members of a Standing Committee under Rule 31 or such further time as may be allowed by the State Government, the Sub-Divisional Officer shall call a meeting of the members of each Standing Committee other than the members appointed under clause (c ) of sub-section (2) of Section 107 by fixing a date. place and time and by causing a