Section 13 in The M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993
13. Constitution of Gram Panchayat.
- [(1) Every Gram Panchayat shall consist of elected Panchas and a Sarpanch] [Substituted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).],(2)[ If any village or ward fails to elect a Sarpanch or as the case may be, a Panch, fresh election proceedings shall be commenced to fill the seat in such village or as the case may be, such ward within six months :Provided that pending the election of Sarpanch under this sub section, elected panchas shall subject to the provisions of sub-sections (2), (3) and (4) of Section 17, in the first meeting under Section 20 elect a Sarpanch from amongst themselves who shall discharge all the functions of Sarpanch under the Act till a Sarpanch elected under this sub-section enters upon the office :Provided further that further proceedings for constituting the Gram Panchayat shall not be stayed pending the election of Panch in accordance with this sub-section :Provided also that if any village or ward again fails to elect a Sarpanch or as the case may be, a Panch, fresh election proceedings shall not be commenced in such village or as the case may be, in such ward unless the State Election Commission is satisfied that there is likelihood of the village or as the case may be, a ward electing a Sarpanch or a Panch; and in case the Commission decides not to hold fresh election of Sarpanch, the Sarpanch elected under the first proviso shall continue lo discharge all the functions of Sarpanch under the Act.] [Substituted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).](3)[ x x x] [Omitted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).](4)(i)Seals shall be reserved in every Gram Panchayat for,-(a)the Scheduled Castes, and(b)the Scheduled Tribes, and the number of seats so reserved shall bear, as nearly as may be the same proportion to the total number of seats to be filled by direct election in that Gram Panchayat as the population of the Scheduled Castes or of the Scheduled Tribes in that Gram Panchayat area bears to the total population of that area and such seats shall be allotted by the prescribed authority [x x x] [Omitted by M.P. Act No. 5 of 1999 (w.e.f. 5-4-1999).] lo different wards in that Gram Panchayat, in the prescribed manner.(ii)In a Gram Panchayat where fifty percent or less than fifty percent scats have been reserved both for the Scheduled Castes and Scheduled Tribes, twenty five percent scats of the total number of seats shall be reserved for Other Backward Classes and such seats shall be allotted by rotation to different wards in that Gram Panchayat by the Collector in the prescribed manner.(5)Not less than [half] [Substituted by M.P Act No. 18 of 2007 (w.e.f. 4-7-2007).] of the total number of seats reserved under sub-section (4) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes or Other Backward Classes.(6)Not less than [ha1f] [Substituted by M.P Act No. 18 of 2007 (w.e.f. 4-7-2007).] including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and Other Backward Classes of the total number of seats to be filled by direct election in every Gram Panchayat shall be reserved for women and such seats may be allotted by the prescribed authority by drawing of lots and by rotation to different wards in the a Gram Panchayat in the prescribed manner.[x x x] [Omitted by M.P. Act No. 5 of 1999 (w.e.f. 5-4-1999).][x x x] [Omitted by M.P Act No. 26 of 1994 (w.e.f. 30-5-1994).](7)[ The wards which have no population of Scheduled Castes, Scheduled Tribes or Other Backward Classes shall be excluded for allotment of seats reserved for the Scheduled Castes or Scheduled Tribes or Other Backward Classes, as the case may be.] [Inserted by M.P. Act No. 5 of 1999 (w.e.f. 5-4-1999).]
