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State of Odisha - Section

Section 7H in The Orissa Panchayat Samiti Election Rules, 1991

7H.

On receipt of the report from the Election Officer under Sub-rule (11) of Rule 11 regarding failure of election for second time on the ground that no person belonging to any particular category, for which the seat of the member has been reserved is available in the voter list of any of the Samiti Constituencies in the Block, even for nomination under Sub-section (1), of Section 45-C, the Collector shall send his recommendation as required under Sub-section (2) of the said section to the Government for dereservation of such seat.
(2)The recommendation of the Collector shall comprise the following, namely :
(i)working copy of the voter list of all the Samiti Constituencies in the Block;
(ii)copy of Form No. 19 showing the reservation status of the membership;
(iii)a certificate to be signed jointly by the Election Officer and the Collector in the following form ;
"Certified that we have carefully verified the voter list of all the Samiti Constituencies of the Block and found that no person belonging to the reserved category is available in the said voter lists for nomination under Sub-section (1) of Section 45-C.We, therefore, recommend that the seat of the Samiti Member of.........Samiti Constituency under..............Block be dereserved under Sub-section (2) of the said section.Election OfficerCollector
(3)On receipt of the recommendation from the Collector under Sub-rule (1), the voter lists shall be scrutinised and after having been satisfied on the correctness of the recommendation of the Collector, the Government shall dereserve the seat under Sub-section (2) of Section 45-C by publishing a notification to that effect.
(4)Copy of the notification published under Sub-rule (3), shall forthwith be communicated to the Commissioner for filling up the seat by fresh election and a copy of such notification shall also be forwarded to the Collector, Sub-Collector, Election Officer and the concerned Block.]Part-III Election of Members of Panchayat Samiti