Section 30 in The Maharashtra Village Panchayats Act, 1959
30. [ Election of Sarpanch. [Section 30 was substituted by Maharashtra 21 of 1994, Section 14.]
(1)Every panchayat shall be presided over by a Sarpanch who shall be elected by, and from amongst, the elected members thereof.(1A)[ In respect of the panchayat to which the Sarpanch is elected directly under section 30A-1A, the provisions of this section shall apply with the following modifications :-(a)for sub-section (1), the following sub-section shall be substituted, namely :-"(1) Every panchayat shall be presided over by a Sarpanch.";(b)sub-section (2) shall be deleted ;(c)in sub-section (4), for the words "the members belonging to" the words "persons belonging to" shall be substituted.](2)The election of the Sarpanch shall be held in the first meeting held after every general election.(3)No member of a panchayat shall be eligible for being elected or for continuing, as Sarpanch if he holds the office of the President or Vice-President of any Zilla Parishad or Chairman of any Subjects Committee thereof or the Chairman or the Deputy Chairman of any panchayat Samiti; and if a Sarpanch is elected to any of such offices, his office as Sarpanch shall become vacant from the date of such election.(4)There shall be reservation in the offices of the Sarpanchs in the panchayats for the members belonging to the Scheduled Castes, the Scheduled Tribes, the category of Backward Class of citizens and women as follows:-(a)the number of offices of Sarpanchas as to be reserved for the Scheduled Castes and the Scheduled Tribes in the panchayats shall bear, as nearly as may be, the same proportion to the total number of such offices in the panchayats as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State [excluding the population of the Scheduled Tribes in panchayat comprising entirely the Scheduled Areas] [These words were inserted by Maharashtra 40 of 1997, Section 4(a).] bears to the total population of the State:[Provided that, the office of the Sarpanch of a panchayat comprising entirely the Scheduled Areas shall be reserved only for the persons belonging to the Scheduled Tribes:Provided further that, the office of the Sarpanchas of a panchayat falling only partially in the Scheduled Areas shall be reserved for the persons belonging to the Scheduled Tribes in accordance with the provisions of clause (a):] [These provisos were inserted by Maharashtra 40 of 1997, Section 4(b).][Provided also that] [These words were substituted for the words 'Provided that' by Maharashtra 40 of 1997, Section 4(c).], [one-half of the total number of offices] [These words were substituted for the words 'one third of the total number of offices' by Maharashtra 19 of 2011, section 3(a), (w.e.f. 21-4-2011).] so reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes;(b)the offices of Sarpanchas to be reserved for persons belonging to the category of Backward Class of citizens shall be 27 per cent of the total number of such offices in the panchayats:Provided that, [one-half of the offices] [These words were substituted for the words 'one third of the offices' by Maharashtra 19 of 2011, Section 3(b), (w.e.f. 21-4-2011).] so reserved shall be reserved for women belonging to the category of Backward Class of citizens;(c)[one-half of the total number of offices of Sarpanchas] [These words were substituted for the words 'one third of total number of offices of Sarpanchas' by Maharashtra 19 of 2011, Section 3(c), (w.e.f. 21-4-2011).] (including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the category of Backward Class of citizens) in the panchayats shall be reserved for women.(5)The number of offices reserved under this section shall be allotted by rotation to different panchayats in the prescribed manner.(6)The reservation of offices of Sarpanchas as (other than the reservation for women) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India.]
