Section 17 in The M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993
17. Election of Sarpanch and Up-Sarpanch.
(1)In every Gram Panchayat there shall be a Sarpanch and an Up-Sarpanch. A person who,-(i)is qualified to be elected as panch;(ii)is not a member of either House of Parliament or member of State Legislative Assembly; and(iii)is not Chairman or Vice-Chairman of Co-operative Society;shall be elected as a Sarpanch, subject to provisions of sub-sections (2), (3) and (4), by persons whose names are included in the list of voters of the Gram Panchayat area in such manner as may be prescribed.(2)(i)Such number of seats of Sarpanchas of Gram Panchayats shall be reserved for Scheduled Castes and Scheduled Tribes in the Gram Panchayat within the block which bears the same proportion to the total number of Sarpanchas in the block as the proportion of the Scheduled Castes and Scheduled Tribes in the block bears to the total population of the block :[Provided that for the purpose of computing the number of Sarpanch of Gram Panchayat to be reserved for Scheduled Tribes in the block, other than the Scheduled Areas forming part of that block, the total population of the Scheduled Areas falling within that block and the population of Scheduled Tribes therein shall be excluded.] [Inserted by M.P. Act No. 43 of 1997 (w.e.f 5-12-1997).](ii)Where the total population of Scheduled Castes and Scheduled Tribes in the Block is less than fifty percent, twenty five percent of seats of Sarpanchas of Gram Panchayats within the Block shall be reserved for Other Backward Classes.(3)Not less than [half] [Substituted by M.P. Act No. 18 of 2007 (w.e.f. 4-7-2007).] of the total number of seats of Sarpanchas within the block shall be reserved for women.(4)The seats reserved under this section shall be allotted by the prescribed authority in the Gram Panchayat within the block by rotation in the prescribed manner:[Provided that the Gram Panchayat, which has no population of Scheduled Castes or Scheduled Tribes or other Backward Classes, shall be excluded for allotment of seat reserved for Scheduled Castes, Scheduled Tribes or Other Backward Classes, as the case may be.] [Inserted by M.P. Act No. 39 of 1995 (w.e.f. 15-12-1995).](5)[ Alter every election of Panchayats, the State Election Commission shall immediately hold the election of Up-Sarpanch of Gram Panchayats, in such member as may be prescribed.] [Substituted by M.P Act No. 20 of 2005.](6)If the Sarpanch of the Gram Panchayat does not belong to Scheduled Castes, or Scheduled Tribes or Other Backward Classes the Up-Sarpanch shall be elected from amongst the Panchas belonging lo such castes or tribes or backward classes.(7)If the Sarpanch or the Up-Sarpanch becomes the member of either House of Parliament or a member of the State Legislative Assembly or Chairman or Vice-Chairman of a Co-operative Society he shall be deemed to have vacated his off ice as Sarpanch or Up-Sarpanch, as the case may be, with effect from the date of becoming such member or Chairman or Vice-Chairman and a casual vacancy shall be deemed to have occurred in such office for the purpose of Section 38.(8)Notwithstanding anything contained in this section the Sarpanch shall be deemed to be a Panch of Gram Panchayat for the purpose of this Act.
