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State of Telangana - Section

Section 146 in Telangana Panchayat Raj Act, 2018

146. Reservation of seats of members of Mandal Praja Parishad.

(1)The seats of members of Mandal Praja Parishads in the State shall be reserved for Scheduled Tribes, Scheduled Castes, Backward Classes and Women, by notification, in the manner specified below.
(2)In every Mandal Praja Parishad out of the total strength of elected members determined under section 144 the District Collector shall in respect of each Mandal Praja Parishad in the District determine, in the first instance, the number of Mandal Praja Parishad Territorial Constituencies (hereinafter referred to as MPTC) to be reserved in the Mandal Praja Parishad concerned for the members belonging to Scheduled Tribes and the Scheduled Castes, subject to the condition that the number of MPTCs so reserved shall bear, as nearly as may be, the same proportion to the total number of MPTCs to be filled by direct election to the Mandal Praja Parishad as the population of Scheduled Tribes or as the case may be, of the Scheduled Castes, in that Mandal bears to the total population of that Mandal and communicate the same to all the Revenue Divisional Officers in the District in respect of the Mandals falling within their respective jurisdiction, subject to the condition that the District Collector shall, in the Mandal Praja Parishad wholly located in the Scheduled Areas, allocate not less than one half of the total number of MPTCs in each Mandal Praja Parishad for being reserved for Scheduled Tribes.
(3)The number of seats of members of Mandal Praja Parishads in the State reserved for Backward Classes shall not be less than 34% (thirty-four percent) of the total number of seats of the members of Mandal Praja Parishads in the State. For the purpose of reserving MPTCs for Backward Classes in respect of the Territorial Constituencies of the Mandal Praja Parishads in the District, the District Collector, shall determine the number of MPTCs to be reserved for the Backward Classes in each Mandal Praja Parishad, on the basis of the proportionate percentage of Backward Classes of the Mandal in the manner specified below and communicate the same to the concerned Revenue Divisional Officers in the District in respect of the Mandal Praja Parishads falling within their respective jurisdiction.Note. - In order to arrive at the Mandal proportionate percentage of Backward Classes the following formula shall be adopted:
Mandal Proportionate Percentageof Backward Class = Reservation for BCS in the State X Mandal BC%
State Percentage of BCs
Explanation. - (i) State percentage of Backward Classes is the figure as projected by the Directorate of Economics and Statistics.
(ii)Mandal Backward Class percentage is the figure as projected by the Directorate of Economics and Statistics.
(4)Notwithstanding anything contained in sub-section (3), the District Collector shall, for purposes of reservation of MPTCs for Backward Classes in the Mandal Praja Parishad wholly located in the Scheduled Areas, determine in the first instance the number of MPTCs remaining after reserving seats for Scheduled Tribes and Scheduled Castes in each such Mandal Praja Parishad and arrive at the number of MPTCs to be reserved for Backward Classes computed only on the basis of such remaining MPTCs applying the proportionate percentage of population of Backward Classes in the Mandal.
(5)The District Collector shall reserve one-half of the number of MPTCs reserved for Scheduled Tribes, Scheduled Castes and Backward Classes and one-half of the unreserved seats for Women in each Mandal Praja Parishad.
(6)The District Collector while communicating the number of MPTCs to be reserved for Scheduled Tribes, Scheduled Castes and Backward Classes shall also communicate to the Revenue Divisional Officer, the number of MPTCs to be reserved for Women from among the said categories and also the number of MPTCs to be reserved for Women from among the unreserved MPTCs in respect of each Mandal Praja Parishad.
(7)If a new MPTC is formed after ordinary elections to Mandal Praja Parishads proportionate reservation as provided in sub-sections (2) to (6) shall be worked out taking the new MPTC into consideration to determine the category of reservation to that MPTC. If this new worked out reservation, results in a clear additional seat for any one category, the MPTC newly created shall be allotted to that category. If it does not result in additional seat, then the reservation for the newly created MPTC shall be decided on the basis of draw of lots.
(8)
(a)The Revenue Divisional Officer, shall reserve in respect of each Mandal Praja Parishad in his Revenue Division, MPTCs allotted to the Scheduled Tribes in such Mandal Praja Parishads in the first instance, where the proportion of the population of Scheduled Tribes in the MPTC to the total MPTC population of the is the highest in the descending order;
(b)after excluding the MPTCs reserved for Scheduled Tribes in the respective Mandal Praja Parishad, the Revenue Divisional Officer shall reserve from among the remaining MPTCs for the Scheduled Castes allocated to each Mandal Praja Parishad under sub-section (2) in Territorial Constituencies where the proportion of the population of the Scheduled Castes in the MPTC to the total population of the MPTC is the highest in the descending order;
(c)after excluding the MPTCs reserved for Scheduled Tribes and Scheduled Castes in respect of a Mandal Praja Parishad, the Revenue Divisional Officer shall reserve from the remaining MPTCs for Backward Classes where the proportion of voters belonging to Backward Classes to the total number of voters in the MPTC is the highest in the descending order;
(d)the Revenue Divisional Officer shall reserve MPTCs for Women from out of the reserved and unreserved categories on the basis of draw of lots.
(9)
(a)The reservation of MPTCs for Scheduled Tribes, Scheduled Castes, Backward Classes and Women shall be, by rotation commencing from the first ordinary election under this Act. The MPTCs allotted to Scheduled Tribes, Scheduled Castes, Backward Classes during the earlier ordinary elections shall not be allotted to the same categories till a cycle of reservation in that category is completed:
Provided such rotation shall be effected after completion of two consecutive terms;
(b)for allotting the seats by rotation Scheduled Tribe, Scheduled Tribe (women), Scheduled Caste, Scheduled Caste (women), Backward Classes, Backward Classes (women), Unreserved and Unreserved (women) shall be treated as separate categories:
Provided that such of those seats which could not be reserved in the first and second cycle though they were eligible in the descending order but were allotted to the other categories due to order of preference in allotment as per descending order or proportionate population, in those categories shall be allotted first before going to the seats in the second cycle;
(c)those seats, which lost their reservation as a result of repeating the reservation second time in that cycle, should be reserved in the ensuing elections in those districts or wherever applicable.
Explanation. - For the removal of doubts, it is hereby declared that,-
(i)for purposes of reserving seats under this section any fraction less than one-half shall be ignored and any fraction equal to or more than one-half shall be counted as one.
(ii)the expression Revenue Divisional Officer shall include the Sub-Collector or Assistant Collector in-charge of a Revenue Division, for the purposes of this section.
(10)Nothing in this section shall be deemed to prevent women and the members of the Scheduled Tribes, Scheduled Castes and Backward Classes from standing for election to the unreserved seats.