Section 23 in Gujarat Panchayats (Second Amendment) Act, 1963
23. Substitution of section 78 of Guj. VI of 1962 by new section.- For section 78 of the principal Act, the following shall be substituted, namely:-
"78. Acts and proceeding of panchayat and Committee not vitiated by qualifications etc., of members thereof.- (1) No disqualification of or defect in the election, co-optation or appointment of any person acting as a member or as the President or presiding authority of a general meeting or as chairman or member of a committee appointed under this Act shall be deemed to vitiate any act or proceeding of the panchayat or of any such committee, as the case may be, in which the person has taken part, wherever the majority of persons, parties to such act or proceeding, were entitled to act.No resolution of a panchayat or of any committee appointed under this Act shall be deemed invalid on account of any irregularity in the service of notice upon any members, provided that the proceedings of the panchayat or committee were not prejudicially affected by such irregularity.(2)Until the contrary is proved, every meeting of a panchayat or of a committee appointed under this Act in respect of proceedings whereof a minute has been made and signed in accordance with this Act, shall be deemed to have been duly convened and held and all the members of the meeting shall be deemed to have been duly qualified; and where the proceedings are the proceedings of a committee, such committee shall be deemed to have been duly constituted and to have had the power to deal with the matters referred to in the minute.(3)During any vacancy in a panchayat or committee thereof the continuing members may act as if no vacancy had occurred."
