(1)Under the supervision, control and direction of the State Election Commission:-(a)The elected members of the Panchayat Samiti referred to in clause (a) of sub-section (1) of Section 36 shall, as soon as may be, elect two members from among themselves to be the Pramukh and Up-Pramukh respectively of the Panchayat Samiti;(b)If any subsequent vacancy is caused in the office of Pramukh or Up-Pramukh, the elected members of the Panchayat Samiti shall elect another member from among themselves to be the Pramukh or Up-Pramukh as the case may be :Provided that no such election shall be held if the vacancy is for a period of less than one month.(2)Reservation of Seats.-For the post of Pramukh, as nearly as but not exceeding fifty percent of the total seats of Pramukh in every district shall be reserved for(a)Scheduled Castes;(b)Scheduled Tribes; and(c)Backward Classes.Within every district, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the post of Pramukh and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Pramukh within the said district as the population of the Scheduled Castes/ Scheduled Tribes bears to the proportion of the total population of that area and such seats shall be allotted by rotation to different Panchayat Samitis within the district by the District Magistrate under the direction, control and supervision of the State Election Commission in the manner prescribed [After two consecutive general elections] [Inserted vide Section 7 of Amdt. Act 10 of 2009.] by it.After reservation of seats of Pramukh for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining Panchayat Samitis by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different Panchayat Samitis in a district by the District Magistrate during subsequent elections [After two consecutive general elections] [Inserted vide Section 7 of Amdt. Act 10 of 2009.] under the direction, control and supervision of the State Election Commission in the manner prescribed by it.(ii)As nearly as but not exceeding fifty percent of the total number of seats of Pramukh so reserved under Sub-Section (i) shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and Backward Classes as the case may be.(iii)As nearly as but not exceeding fifty percent of the total number of seats of Pramukh not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.(iv)Such total number of seats of Pramukh reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different Panchayat Samitis in a district in such manner as may be prescribed [After two consecutive general elections] [Inserted vide Section 7 of Amdt. Act 10 of 2009.] by it.[Explanation.-For the removal of doubts it is, hereby, declared that the principle of rotation for the purpose of reservation of offices for the Scheduled Castes, Scheduled Tribes, Backward Classes, Women of Backward Classes and Women of unreserved category under this sub-section shall commence from the first election held after the commencement of the Bihar Panchayat Raj Act, 2006.] [Substituted vide Section 7 of Amdt. Act 10 of 2009.](3)The term of office of Pramukh and Up-Pramukh of a Panchayat Samiti shall, save as otherwise provided in this Act, cease on the expiry of his term of office as a member of the Panchayat Samiti.(4)The election of Pramukh and Up-Pramukh, filling up of vacancies in the said offices and determination of disputes relating to such election shall be in accordance with such Rules or procedure as may be prescribed by the State Election Commission.
