138. Election of Adhyaksha and Upadhyaksha and term of office.
(1)The elected members of the Taluk Panchayat referred to in clause (i) of sub-section (1) of section 121 shall [[within one month from the date of publication of names of members under section 133] [Substituted by Act 17 of 1996 w.e.f. 23.9.1996.] after every general election of Members of Taluk Panchayat or on its reconstitution or establishment under this Act or immediately before the expiry of the term of office of Adhyaksha and Upadhyaksha] choose two members from amongst them to be respectively Adhyaksha and Upadhyaksha thereof, and so often as there is a casual vacancy in the office of Adhyaksha and Upadhyaksha they shall choose another member from amongst them to be Adhyaksha or Upadhyaksha, as the case may be:Provided that no election shall be held if the vacancy is for a period of less than one month.(2)There shall be reserved by the [Government] [Substituted by Act 8 of 2000 w.e.f. 3.4.2000.], in the prescribed manner,-(a)such number of offices of Adhyaksha and Upadhyaksha of Taluk Panchayat in the State for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State;[Proviso x x x] [Omitted by Act 10 of 1995 w.e.f. 13.1.1995.](b)such number of offices of Adhyaksha and Upadhyaksha of Taluk Panchayats which shall as nearly as may be one-third of the total number of offices of the Adhyaksha and Upadhyaksha in the State, for the persons belonging to the Backward Classes:[Provided that out of the offices reserved under this clause, eighty per cent of the total number of such offices shall be reserved for the persons falling under category 'A' and the remaining twenty per cent of the offices shall be reserved for the persons falling under category 'B' :Provided further that if no person falling under category 'A' is available, the offices reserved for that category shall also be filled by the persons falling under category 'B' and vice versa.] [Inserted by Act 10 of 1995 w.e.f. 13.1.1995.](c)not less than one-third of the total number of offices of Adhyaksha and Upadhyaksha of the Taluk Panchayats in the State from each of the categories reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and backward Classes and those which are non-reserved, for women:Provided that the offices reserved under this sub-section shall be allotted by rotation to different Taluk Panchayats.Explanation. - For the removal of doubts it is hereby declared that the principle of rotation for the purposes of reservation of offices under this sub-section shall commence from the first election to be held after the commencement of the Karnataka Panchayat Raj Act, 1993.(3)[ The term of office of every Adhyaksha and every Upadhyaksha of taluk Panchayat shall, save as otherwise provided in this Act, be Twenty months from the date of his election or till he ceases to be a member of taluk Panchayat, which ever is earlier:] [Substituted by Act 17 of 1996 w.e.f. 23.9.1996.][Provided that the member who is elected as Adhyaksha or Upadhyaksha to fill the casual vacancy in the office of Adhyaksha or Upadhyaksha shall hold office for the remainder of the period for which the Adhyaksha or Upadhyaksha in whose place he has been elected would have held office if the vacancy had not occured.] [Inserted by Act 10 of 1997 w.e.f. 23.9.1996.](4)The election of Adhyaksha and Upadhyaksha, filling of Vacancies in the said offices and determination of disputes relating such election shall be in accordance with such rules as may be prescribed;[Provided that the Civil Judge (Senior Division) having Jurisdiction, shall determine such election dispute.] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.]
