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NCT Delhi - Section

Section 44 in Delhi Panchayat Raj Act, 1954

44. Circle Panchayat, Sarpanch and Naib Sarpanch.

(1)The Chief Commissioner or the prescribed authority shall by a notification in the official Gazette in this behalf, [group into a Circle such number of contiguous Gaon Sabha Areas as the Chief Commissioner or
(2)The Circle Panchayat for each circle shall consist of persons elected in accordance with subsection (3).
(3)[Every Gaon Sabha in each Circle shall elect from amongst its members a number of persons of prescribed qualifications] [Substituted by Central Act 9 of 1959 (Section 11).] to act as panches of the Circle Panchayat of that circle. The number of adults so elected shall be such that from each village in the Gaon Sabha Area two such adults shall be elected where its population is 1,000 or less and there where its population is more than 1,000. The election shall be carried out in the manner prescribed. The panel so elected for each circle shall be called Circle Panchayat.
(4)No person shall be elected or remain panch of the Circle Panchayat if he is-
(a)unable to read and write Hindi or Urdu; or
(b)of unsound mind; or
(c)suffering from leprosy; or
(d)an undischarged insolvent; or
(e)a servant of the Government or any local authority; or
(f)convicted [under the Untouchability (offences) Act, 1955 or] of an offence involving moral turpitude or ordered to give security for good behaviour under Section 110 of the Code of Criminal Procedure, 1898;
(5)All the panches shall elect from amongst themselves a person to act as Sarpanch, and another person to act as Naib Sarpanch of the Circle Panchayat.
(6)Any dispute arising out of any election under sub-section (3) or (5) shall be referred to the prescribed authority; whose decision shall, subject to revision by the Chief Commissioner, be final and shall not be questioned in a Court of law.