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State of Odisha - Section

Section 3B in The Orissa Grama Panchayats Election Rules, 1965

3B. [ [Inserted vide Orissa Gazette Extraordinary No. 2480 dated 21.12.2001.]

(1)On receipt of the report from the Election Officer under Rule 30 regarding failure of election for second time on the ground that no person belonging to any particular category, for which the seat of the member or the office of the Sarpanch has been reserved, is available in the voter list of the concerned ward or, as the case may be, of the Grama, even for nomination under Sub-section (1) of Section 13, the Sub-Collector shall send his recommendation as required under Sub-section (2) of the said section to the Collector for dereservation of such seat or office, as the case may be.
(2)The recommendation of the Sub-Collector shall comprise-the following, namely:
(i)working copy of the voter list of the ward or, as the case maybe, of the Grama;
(ii)copy of Form No. 13 or Form No. 15 showing the reservation status of the membership or of the office of the Sarpanch, as the case may be; and
(iii)a certificate to be signed jointly by the Election Officer and the Sub-Collector in the following form :
"Certified that we have carefully verified the voter list of the ward/ Grama and found that no person belonging to the reserved category is available in the said voter list for nomination under Sub-section (1) of Section 13.We, therefore, recommended that the office of the Sarpanch/ the seat of Ward Member of Ward No............of...............Grama Panchayat now reserved for.................be de-reserved under Sub-section (2) of the said Section.Election OfficerSub-Collector
(3)The recommendation made under Sub-rule (1) shall be addressed to the Collector.
(4)On receipt of the recommendation from the Sub-Collector under Sub-rule (1), the Collector shall verify the voter list and after having been satisfied on the correctness of the recommendation of the Sub-Collector, shall de-reserve such seat or office, as the case may be, by publishing a notification in his notice board.
(5)Copy of the notification published under Sub-rule (4) shall forthwith be communicated to the Commissioner for filling up of the seat or office as the case may be, by fresh election and a copy of such notification shall also be forwarded to the Director, Sub-Collector, Election Officer and the concerned Grama Panchayat.