Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 7] [Entire Act]

State of Bihar - Section

Section 67 in The Bihar Panchayat Raj Act, 2006

67. Election of Adhyaksha and Upadhyaksha.

(1)Under the supervision, control and direction of the State Election Commission, the elected members of the Zila Parishad referred to in clause (a) of sub-Section (1) of Section 63, as soon as may be, elect two members from amongst them to be respectively Adhayaksha and Up-Adhayaksha thereof, and if casual vacancy is caused in the office of Adhayaksha or Up-Adhayaksha, they shall elect another member from amongst them to be Adhayaksha or Up-Adhayaksha as the case may be.
(2)Reservation of seats.-(i) For the post of Adhayaksha, as nearly as but not exceeding fifty percent of the total seats of Adhayaksha in the State shall be reserved for
(a)Scheduled Castes;
(b)Scheduled Tribes; and
(c)Backward Classes.
Within the State, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the posts of Adhayaksha and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Adhayaksha within the State as the population of the Scheduled Castes/Scheduled Tribes bears to the proportion of the total population of the State and such seats shall be allotted by rotation to different Zila Parishads [After two consecutive general elections] [Inserted vide Section 8 of Amdt. Act 10 of 2009.] by the State Election Commission in the prescribed manner.After reservation of seats of Adhyaksha 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 Zila Parishads by the State Election Commission in the prescribed manner. Such seats shall be allotted by rotation to different Zila Parishads in the State by the State Election Commission in subsequent elections in the manner prescribed [After two consecutive general elections] [Inserted vide Section 9 of Amdt. Act 10 of 2009.] by it.
(ii)As nearly as but not exceeding fifty percent of the total number of seats of Adhayaksha 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 Adhayaksha not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.
(iv)Such total number of seats of Adhayaksha reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be alloted by rotation by the State Election Commission to different Zila Parishads in the State in the manner as may be prescribed [After two consecutive general elections] [Inserted vide Section 9 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 9 of Amdt. Act 10 of 2009.]
(3)The term of office of Adhyaksha and Up-Adhyaksha of a Zila Parishad shall, save as otherwise provided in this Act, cease on the expiry of his term of office as a member of the Zila Parishad.
(4)The election of the Adhayaksha or the Up-Adhayaksha of Zila Parishad and filling up of vacancies in the said offices and determination of disputes relating to such election shall be in accordance with such Rules or procedures as may be prescribed by the State Election Commission.