Section 58 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
58. Provisions regarding [electoral colleges] [These words were inserted by Maharashtra 10 of 1977, Section 10(b).] disqualifications, elections and election disputes.
- [(1)] [ Sub-section (1) was substituted for the original by Maharashtra 6 of 1975, Section 13(1).] For the purposes of holding elections under [* * *] [The words, brackets and letter 'clause (f) of' were deleted by Maharashtra 21 of 1994, Section 53(1)(a).] section (1), of section 57,-(a)[] [These clauses were substituted for the original clause (a) by Maharashtra 10 of 1979, Section 10(a).] each electoral division in the Block shall be divided into two electoral Colleges [by the State Election Commission, so however, that such electoral Colleges shall be divided in such manner that the ratio between the population of each electoral college and the total number of members to be elected for the Panchayat Samiti shall, as far as practicable, be the same throughout the Panchayat Samiti area] [This portion was substituted for the portion beginning with 'in accordance' and ending with the word 'population' by Maharashtra 21 of 1994, Section 53(1)(b).].[* * * *] [Clauses (aa), (aa-1), (ab) and (a-c) were deleted by Maharashtra 21 of 1994, Section 53(1)(d)(i)](1A)[] [Clause (b) was re-numbered and re-lettered as sub-section (1A), by Maharashtra 21 of 1994, Section 53(1).] The list of voters for each electoral division referred to in sub-section (1) of section 13 and in force on such date as the [State Election Commission] [Thess words were substituted for the words 'State Government', by Maharashtra 21 of 1994, Section 53(1)(d)(i).] may, by general or special order notify in this behalf, for such part of the electoral division as is included in an electoral college, shall be the list of voters for such electoral College. An officer designated by the [State Election Commission] [These words were substituted for the word 'Collector', by Maharashtra 21 of 1994, Section 53(1)(d)(ii).] shall maintain the list of voters for each electoral college;(1B)[] [Sub-sections (1B), (1C) and (1D) were inserted, by Maharashtra 21 of 1994, Section 53(2).] (a) In the seats to be filled in by election in a Panchayat Samiti, there shall be seats reserved for persons belonging to the Scheduled Castes, Scheduled Tribes, Backward Class of citizen and women, as may be determined by the State Election Commission in the prescribed manner;(b)the seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in a Panchayat Samiti shall bear, as nearly as may be the same proportion, to the total number of seats to be filled in by direct election in that Panchayat Samiti as the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes, in that Panchayat Samiti area bears to the total population of that area and such seats shall be allotted by rotation to different electoral colleges in a Panchayat Samiti :[Provided that, in a Panchayat Samiti comprising entirely the Scheduled Areas, the seats to be reserved for the Scheduled Tribes shall not be less than one-half of the total number of seats in the Panchayat Samiti:Provided further that, the reservation for the Scheduled Tribes in a Panchayat Samiti falling only partially in the Scheduled Areas shall be in accordance with the provisions of clause (b):] [These provisos were inserted by Maharashtra 20 of 1997, Section 5(a).][Provided also that] [These words were substituted for the words 'Provided that', by Maharashtra 20 of 1997.], [one-half of the total number of seats] [These words were substituted for the words one-third of the total number of seats' by Maharashtra 19 of 2011, Section 6(a), (w.e.f. 21-4-2011).] so reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes;(c)the seats to be reserved for persons belonging to the category of Backward Class of citizens shall be 27 per cent of the total number of seats to be filled in by election in a Panchayat Samiti and such seats shall be allotted by rotation to different electoral colleges in a Panchayat Samiti :[Provided that, in a Panchayat Samiti comprising entirely the Scheduled Areas, the seats to be reserved for the persons belonging to the Backward Class of Citizens shall be 27 per cent of the seats remaining (if any), after reservation of the seats for the Scheduled Tribes and the Scheduled Castes:Provided further that, the reservation for the persons belonging to the Backward Class of Citizens, in a Panchayat Samiti falling only partially in the Scheduled Areas shall be in accordance with the provisions of clause (c)] [These provisos were inserted by Maharashtra 20 of 1997, Section 5(b).][Provided also that] [These words were substituted for the words 'Provided that', by Maharashtra 20 of 1997.], [one-half of the total number of seats] [These words were substituted for the words 'one-third of the total number of seats' by Maharashtra 19 of 2011, section 6(b), (w.e.f. 21-4-2011).] so reserved shall be reserved for women belonging to the category of Backward Class of citizens;(d)[one-half] [These words were substituted for the words 'one-third' by Maharashtra 19 of 2011, Section 6(c), (w.e.f. 21-4-2011).] (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the category of Backward Class of citizens) of the total number of seats to be filled in by direct election in a Panchayat Samiti shall be reserved for women and such seats shall be allotted by rotation to different electoral colleges in a Panchayat Samiti.(1C)The reservation of seats (other than the reservation for women) under sub-section (IB) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India(1D)An election to constitute a Panchayat Samiti shall be completed -(a)before the expiry of its duration specified in sub-section (1) of section 59;(b)in the case of dissolved Panchayat Samiti before the expiration of a period of six months from the date of dissolution :Provided that, where the remainder of the period for which the dissolved Panchayat Samiti would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchytat Samiti for such period;(c)in the case of fresh election, if required to be held, under sub-section (2) of section 27 read with sub-section (2) of section 58 on such date, as soon as may be practicable, as may be fixed by the State Election Commission.](1E)[ The provisions of sections 14, 15, 15A, 16, 17 and 18 relating to the date f election, qualifications for being elected and disqualifications and the right to vote in the elections of Councillors of a Zilla Parishad shall apply in relation to the members of a Panchayat Samiti as they apply in relation to the Councillors of a Zilla Parishad, with the modification that -(a)in section 15, for the words "electoral division" the word "electoral college", and for the word "District" the word "Block" shall be substituted;(b)in section 16, in clause (d) of sub-section (1), for figures "39" the figures "61" shall be substituted;(c)in section 17, for the words "electoral division" wherever they occur, the word "electoral college", and in sub-section (3) for the words "electoral divisions", the words "electoral colleges" shall be substituted.](2)The provisions of [ [sections 12A, 19 to 27] [These words and figures were substituted for the words and figures 'section 19 to 28' by Maharashtra 21, 1954, Section 53(4)(a).], 27A and 28] [Existing sub-section (1A) was re-numbered and re-lettered as sub-section (1E), by Maharashtra 21 of 1994, Section 53(3).] (both inclusive) and [28A to 28D (both inclusive), 29 to 33 (both inclusive), 33A and 34 to 37 (both inclusive)] [This portion was substituted for '27 to 37 (both inclusive)' by Maharashtra 35 of 1963, Section 19(b).] relating to elections and election disputes and any rules made thereunder shall apply mutatis mutandis [in relation to election of members under [* * *] [This portion was substituted for the words, brackets and figures' in relation to election of Sarpanchas or Chairman of Executive Committees elected under sub section (2) of section 57' by Maharashtra 7 of 1967, Section 5.] subsections (1) of section 57.](3)[* * * * *] [ Sub-section (3) was deleted by Maharashtra 4 of 2002, Section 5, (w.e.f. 31-10-2001).]
