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State of Sikkim - Section

Section 17 in Sikkim Panchayat Act, 1993

17. Sabhapati & Up-Sabhapati.

(1)Every Gram Panchayat shall, at its first meeting at which a quorum is present, elect one of its members to be the Sabhapati and another member to be the Up-Sabhapati of the Gram Panchayat in such manner as may be prescribed.
(2)The State Government shall, by notification reserve :-
(a)such number of office of Sabhapati and Up-Sabhapati of Gram Panchayat in each district for the Scheduled Castes and the Scheduled Tribes and the number of such offices shall bear as nearly as may be, the same proportion to the total number of offices in the district as the population of the Scheduled Castes and of the Schedule Tribes in the district bears to the total population of the district.
(b)not less than one-third of the total number of officers of Sabhapati and Up-Sabhapati of the Gram Panchayat of the district from each of the categories which are reserved for persons belonging to the Scheduled Castes and the Scheduled Tribes and of those which are reserved for women;
Provided that the offices reserved under this sub-section shall be allotted rotation to different Gram Panchayats in such manner as may be prescribed.Explanation. - For the removal of doubt it is hereby declared that the principle of rotation for purpose of reservation of offices under this subsection shall commence from the first election to held after the commencement of this Act.
(3)The Sabhapati and Up-Sabhapati shall,subject to the provision of section 16 and to their continuing as members, hold office for a period of five years.
(4)When:-
(a)the office of the Sabhapati falls vacant by reason of death, resignation, removal or otherwise:or
(b)the Sabhapati is, by reason of leave, illness or other cause, temporarily unable to act, the Up-Sabhapati shall exercise the powers, perform the function and discharge the duties of the Sabhapati until a new Sabhapati is elected and assumes office or until the new Sabhapati resumes his duties,as the case may be.
(5)When :-
(a)the office of the Up-Sabhapati falls vacant by reason of death,resignation or otherwise;
(b)the Up-Sabhapati is, by reason of leave, illness or other cause,temporarily unable to act, the Sabhapati shall exercise the powers, perform the function and discharge the duties of the Up-Sabhapati until an new Up-Sabhapati is elected and assumes office or until the Up-Sabhapati resumes his duties, as the case may be.
(6)When the office of the Sabhapati and the Up-Sabhapati are both vacant, or the Sabhapati and Up-Sabhapati are temporarily unable to act, the Prescribed Authority may appoint a Sabhapati and Up-Sabhapati from among the members of the Panchayat to act as such until a Sabhapati and Up-Sabhapati are elected and assume office.