Section 67 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
67. Procedure for election of Chairman of Panchayat Samiti.
- [(1) Every Panchayat Samiti shall be presided over by a Chairman, who shall be elected by, and from amongst, its elected members, in the first meeting held in accordance with the provisions of sub-section (3) of section 59] [Sub-section (1) was substituted by Maharashtra 21 of 1994, Section 61(1).].(2)The Chairman elected under sub-section (1) shall be entitled to attend the first meeting of the Parishad called under sub-section (2) of section 11 as ex-officio Councillor, and as soon thereafter as possible take charge of office of Chairman of the Panchayat Samiti from the [outgoing] [This word was substituted for the word 'retiring' by Maharashtra 35 of 1963, Section 23(1).] Chairman.(3)The meeting [referred to in sub-section (1) shall be presided over by the Collector or the officer authorised by him [under sub-section (3) of section 59.] [These words were substituted for the words 'called under sub-section (1)' by Maharashtra 21 of 1994, section 61(2)(a).] The Collector or such officer shall, when presiding over such meeting, have the same powers as the Chairman of a Panchayat Samiti when presiding over a meeting of the Panchayat Samiti has, but shall no have the right to vote:]Provided that, notwithstanding anything contained in section 118, the Collector or such officer [may for reasons recorded in writing which in his opinion are sufficient, refuse to adjourn such meeting] [These words were substituted for the words 'may for reasons which in his opinion are sufficient, refuse to adjourn such meeting' by Maharashtra 35 of 1963, Section 23(2).], or as the case may be, adjourn such meeting.(4)If in the election of the Chairman there is an equality of votes, the result of the election shall be decided by lot to be drawn in the presence of the Collector or officer presiding in such manner as he may determine.(5)[] [Sub-sections (5) to (8) were inserted by Maharashtra 21 of 1994, Section 61(3).] There shall be reservation in the office of the Chairman in the Panchayat Samiti for the member belonging to the Scheduled Caste, the Scheduled Tribes, the category of Backward Class of citizens and women as follows:-(a)The number of offices of Chairman to be reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayat Samitis shall bear as nearly as may be, the same proportion on the total number of such offices in the Panchayat Samitis as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State [excluding the population of the Scheduled Tribes in the Panchayat Samitis comprising entirely the Scheduled Areas] [These words were inserted by Maharashtra 20 of 1997, Section 6(a).] bears to the total population of the State:[Provided that, the office of the Chairperson of a Panchayat Samitis comprising entirely the Scheduled Areas shall be reserved only for the persons belonging to the Scheduled Tribes:Provided further that, the office of the Chairperson of a Panchayat Samiti falling only partially in the Scheduled Areas shall be reserved for the persons belonging to the Scheduled Tribes in accordance with the provisions of clause (a):] [These provisos were inserted by Maharashtra 20 of 1997, Section 6(b).][Provided also that] [These words were substituted for the words 'Provided that', by Maharashtra 20 of 1997, Section 6(c).], [one-half of the total number of offices] [These words were substituted for the words 'one-third of the total number of offices' by Maharashtra 19 of 2011, section 7(1)(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:[Provided also that, in a Panchayat Samiti in the Scheduled Areas where the population of the Scheduled Tribes is more than fifty per cent of the total population, the office of the Chairperson shall be reserved only for the persons belonging to the Scheduled Tribes;] [This proviso was added by Maharashtra 27 of 2003, Section 6.](b)the offices of Chairman to be reserved for persons belonging to the category of Backward Class of citizens shall be 27 per cent of the total number of such offices in the Panchayat Samiti:Provided that, [one-half of the offices] [These words were substituted for the words 'one-third of the offices' by Maharashtra 19 of 2011, Section 7(1)(b), (w.e.f.21-4-2011).] so reserved shall be reserved for women belonging to category of Backward Class of citizens;(c)[one-half] [These words were substituted for the words 'one-third' by Maharashtra 19 of 2011, Section 7(1)(c), (w.e.f. 21-4-2011).] of total number of offices of Chairman (including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the category of Backward Class of citizens) in the Panchayat Samitis shall be reserved for women.(6)[* * *] [[Sub-section (6) was deleted by Maharashtra 19 of 2011, Section 7(2), (w.e.f. 21-4-2011).Prior to deletion read as under :(6)Where the number of offices reserved under clauses (a), (b) or (c), of sub-section (5) is only two, one of the two offices shall be reserved for women belonging to any such reservation as referred to In the respective clauses.]].(7)The number of offices reserved as aforesaid shall be allotted by rotation to different Panchayat Samitis in the prescribed manner.(7A)[ Every person desirous of contesting election to the office of the Chairman reserved for the Scheduled Castes, Scheduled Tribes or, as the case may be, Backward Class of citizens, shall be required to submit alongwith the nomination paper, Caste Certificate issued by the Competent Authority and the Validity Certificate issued by Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.] [Sub-section (7A) was Inserted by Maharashtra 5 of 2009, Section 6.].[Provided that, for the elections for the post of Chairman for which the last date of filing of nomination falls on or before the 30th June 2019, in accordance with the election programme declared, a person who has applied to the Scrutiny Committee for verification of his Caste Certificate before the date of filing of the nomination papers but who has not received the Validity Certificate on the date of filing of the nomination papers shall submit, alongwith the nomination papers,-(i)a true copy of the application preferred by him to the Scrutiny Committee for issuance of the Validity Certificate or any other proof of having made such application to the Scrutiny Committee ; and(ii)an undertaking that he shall submit within a period of [twelve months] from the date on which he is declared elected, the Validity Certificate issued by the Scrutiny Committee :Provided further that, if such person fails to produce the Validity Certificate within a period of [twelve months] [Substituted 'six months' by Maharashtra Act No. 66 of 2018, dated 14.12.2018.] from the date on which he is declared elected, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Chairman.] [Substituted by Maharashtra Act No. 30 of 2018, dated 9.4.2018.][Provided also that, in respect of the undertaking filed by any person under clause (ii) of the first proviso, before the date of commencement of the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2018, the period of " six months " specified in such undertaking shall be deemed to have been substituted as " twelve months.] [Added by Maharashtra Act No. 66 of 2018, dated 14.12.2018.](8)The reservation of offices of Chairman (other than the reservation for women) shall cease to have effect on the expiration of the period specified, in article 334 of the Constitution of India.
