Section 4 in The Jammu and Kashmir Panchayati Raj Rules, 1996
4. Determination of constituencies.
(1)The Director Rural Development shall be the prescribed authority to divide each Panchayat Halqa into such number of constituencies as well correspond with the number of Panches determined to be elected under sub-section (3) of section 4 of the Act. The Director, Rural Development shall fix the territorial limit of each constituency in a Panchayat Halqa and shall number them in a serial order, provided that, as far as possible, the number of electors in each constituency shall be equal.(1A)[ The Director Rural Development shall -(a)determine the number of Panch seats reserved for the Scheduled Castes, Scheduled Tribes and Women in every halqa panchayat in accordance with sub-section (3) of section 4 of the Act ;(b)allot the Panch seats reserved for women, Scheduled Castes and Scheduled Tribes, as the case may be, by rotation, after every general election, to different Constituencies in a Halqa Panchayat ; and(c)distribute the Panch seats reserved for the Scheduled Castes and Scheduled Tribes, as far as practicable in those areas in a halqa Panchayat where the proportion of their population to the total population is comparatively large.Explanation. For purpose of this sub-rule:(i)"Scheduled Caste" means the castes specified in the schedule to the constitution (Jammu & Kashmir) Scheduled Castes Order, 1956 made by the President under clause (1) of Article 341 of the Constitution of India.(ii)"Scheduled Tribe" means the tribes or tribal communities or parts or groups within tribes or tribal communities as specified in the Scheduled Tribes Order, 1989 as amended from time to time.](2)Each such constituency as determined under sub-rule (1) shall elect a Panch.(3)The entire Panchayat Halqa shall be the constituency for election of sarpanch of such Panchayat Halqa.(4)Electoral Rolls of the constituency of the Panchayat Halqa shall be prepared in such a manner as may be prescribed by the election Authority. The electoral rolls for Panchayat Halqa for election of Sarpanch shall consist of the electoral rolls of all the constituencies of Panchayat Halqa :Provided that a name included in the electoral roll prepared under the Jammu and Kashmir Representation of the People Act, 1957 corresponding to individual constituency shall be automatically deemed to be part of the electoral roll in the said constituency under these rules except to the extent the same is deleted or modified in accordance with the directions of the Election Authority :Provided further that the election authority in consultation with the Government nominate Electoral Registration Officers and Assistant Electoral Registration Officers for revising and updating the electoral rolls of the Panchayat Halqas and the Constituency. The qualifying date for revising and updating the electoral rolls shall be the first day of January of the year in which elections are held :Provided also that in case Election Authority is satisfied that no such updating in reference to the first day of January is feasible, he may notify that the electoral rolls updated up to any previous date shall be adopted.(5)Election of Sarpanches and Panches shall be by secret ballot.
