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State of Odisha - Section

Section 46 in The Orissa Panchayat Samiti Election Rules, 1991

46. Filling up of the casual vacancies.

(1)Casual vacancy - In the case of a vacancy occurring on account of removal, resignation, death or otherwise of an elected member, Chairman or Vice-Chairman of the Samiti, the Block Development Officer shall forthwith report the fact to [the Commissioner through the Collector] [Substituted vide SRO No. 261/2001 Orissa Gazette Extraordinary No. 991 dated 28.5.2001.] of the district who shall fix a date as soon as convenient for holding a bye-election to fill up the vacancy.
(2)[* * *] [Omitted vide SRO No. 867/2001, Orissa Gazette Extraordinary No. 2481 dated 21.12.2001.]
(3)[Unless the Commissioner otherwise directs] [Added vide SRO No. 261/2001 Orissa Gazette Extraordinary No. 991 dated 28.5.2001.] the rules prescribed in Parts II, III, IV, V and VI shall apply mutatis mutandis to such bye-elections :[Provided that in case of bye-election to the office of an elected member, the electoral roll utilised at the time of election to such office shall be utilised and unless the Commissioner otherwise directs it shall not be necessary either to publish the electoral roll or to invite objections.] [Inserted vide O.G.E. No. 1264 dated 15.11.1995.][Provided further that the Commissioner may, if the circumstances so warrant, fix up different dates for different stages of election proceedings to fill up casual vacancies.] [Inserted vide SRO No. 261/2001 Orissa Gazette Extraordinary No. 991 dated 28.5.2001.]