Section 108A in Jammu and Kashmir Panchayati Raj Rules, 1996
108A. Delimitation of Constituencies of a District Development Council.
(1)The Deputy Commissioner shall divide the District Development Council area into fourteen single member territorial constituencies provided that the ratio between population of the territorial area of a constituency and the number of seats in the District Development Council shall, so far as practicable, be the same throughout the area of the District Development Council.(2)While delimiting the constituencies of the District Development Council, Halqa Panchayat shall be a unit. The constituencies shall be delimited from the map of the District Development Council area starting from North towards East and ending towards South to West and every constituency shall be assigned a serial number and a name. The name of the constituency may be assigned on the name of a Block having the largest population in that constituency. Thereafter, the constituencies shall be arranged alphabetically on the name of such constituencies.(3)While delimiting the constituencies, the Deputy Commissioner shall determine the number of constituencies to be reserved for Scheduled Castes, Scheduled Tribes and women in every constituency of District Development Council in accordance with the provisions of the Act and distribute seats reserved for Scheduled Castes, Scheduled Tribes as far as practicable in those areas in a District Development Council where the proportion of their population to the population in total is comparatively large.(3A)[ The number of constituencies reserved for Scheduled Tribes, Scheduled Castes and Women for each District Development Council shall be fixed on the basis of the prescribed ratio under section 45-A of the Act for each category and applying the principles of mathematic round off with the part fraction of 0.5 and above being rounded off to one and part fraction below 0.5 being ignored for each constituency separately.(3B)The number of seats reserved for Scheduled Tribe and Scheduled Caste as provided in Rule 3A shall be allotted to different territorial constituencies on the basis of proportion of Scheduled Tribe and Scheduled Caste population to total population of the constituency in descending order, that is, from amongst the territorial constituencies in the District Development Council, the territorial constituency having the largest proportion of the Scheduled Tribes population shall be allotted to them and the territorial constituencies having the largest proportion of Scheduled Caste population shall be allotted to them. In the subsequent elections, the allotment shall be made in the aforesaid manner so that as far as may be practicable, the territorial constituency reserved for the Scheduled Tribes in the previous election shall not be allotted to Scheduled Tribes, and the territorial constituency reserved for the Scheduled Castes shall not be allotted to the Scheduled Castes.(3C)The allocation of constituencies to be reserved for Women shall be made on a three-point roster system for each category separately of Women (Open Category), Women (Scheduled Caste Category) and Women (Scheduled Tribe Category). The roaster points shall be taken as under :(i)Seat reserved for women ;(ii)Open seat ; and(iii)Open seat(3D)The three-point roaster system under sub-rule (3C) shall be applied for each constituency of the District Development Council in each category of Open, Schedule Caste and Schedule Tribe separately after listing them in alphabetic order for each category. In case the roaster leads to a constituency which is reserved for the elections in a particular year under the same category, the constituency immediately next in serial shall be reserved for that particular roaster point in the subsequent elections.(3E)If on the basis of population of the Scheduled Tribes or of the Scheduled Castes in a District, only one seat can be reserved for the Scheduled Tribes or for the Scheduled Castes as the case may be, such seat shall be treated as part of the Open Category for the purpose of reservation of seats for women.(3F)The roaster for women reservation as prescribed in Rule 3C and 3D above shall also be applicable to the elections of the Chairpersons of the District Development Councils.] [Inserted by Notification No. S.O. 330, dated 24.10.2020.](4)The Deputy Commissioner shall cause to publish a proposal for delimitation of constituencies by dividing a District Development Council area into single member constituencies and also indicate the territorial limit of each such constituency and shall keep the proposal open for inspection in the office of Halqa Panchayat, Block Development Council and District Development Council falling within the District and by affixing a copy of such proposal at two conspicuous places within each Halqa Panchayat area for inviting public objections thereon.(5)The Deputy Commissioner on receipt of objections, if any, under sub rule (4) shall forward the same to the Director, Rural Development concerned who shall place the proposal along with objections received before the Election Authority. The Election Authority shall thereon inquire or cause an inquiry to be made and dispose of the objections. Thereafter Election Authority shall issue final order of delimitation after recording in brief the reasons for acceptance or rejection of such objections.
