147. Election, reservation and term of office of President and Vice-President.
(1)For every Mandal Praja Parishad there shall be one President and one Vice-President who shall be elected by and from among the elected members specified in clause (i) of sub-section (1) of section 143 by show of hands duly obeying the party whip given by such functionary of the recognized political party, as may be prescribed. If at an election held for the purpose no President or Vice-President is elected, fresh election shall be held. The names of the President and the Vice-President so elected shall be published in the prescribed manner:Provided that if a Member of the Legislative Assembly, Legislative Council of the State or of either House of Parliament is elected to either of the said offices, he shall cease to hold such office unless within fifteen days from the date of election to such office, he ceases to be a Member of the Legislative Assembly, the Legislative Council of the State or of either House of Parliament by resignation or otherwise:Provided further that a member voting under this subsection in disobedience of the party whip shall cease to hold office in the manner prescribed and the vacancy caused by such cessation shall be filled as a casual vacancy.(2)The offices of President in the State shall be reserved for Scheduled Tribes, Scheduled Castes, Backward Classes and Women, by notification, in the manner specified below.(3)Out of the total number of offices of President in the State, the Commissioner, shall determine in the first instance, the number of offices of President of Mandal Praja Parishads to be reserved for the members belonging to Scheduled Tribes and Scheduled Castes in the nonscheduled area of the State, subject to the condition that the number of offices so reserved shall bear as nearly as may be, the same proportion to the total number of offices to be filled by direct election to the Mandal Praja Parishads as the population of Scheduled Tribes or Scheduled Castes in the State bears to the total population of the State.(4)The Commissioner shall thereafter allot to each District on the basis of the proportion of the population of the Scheduled Tribes or as the case may be of the Scheduled Castes in the non-scheduled area of the District to the total population of the Scheduled Tribes or of the Scheduled Castes in the State and communicate the same to all the District Collectors:Provided that all the Offices of Presidents of Mandal Praja Parishads located in the Scheduled Area shall be reserved for Scheduled Tribes only.(5)The Commissioner shall reserve 34% (thirty four percent) of the offices to the members belonging to Backward Classes, while determining the number of offices to be reserved for Backward Classes, and allot to each District on the basis of proportionate population of Backward Classes in the district.(6)The Commissioner shall reserve one-half of the number of offices reserved for Scheduled Tribes, Scheduled Castes and Backward Classes and one-half of the unreserved offices, for women in each District.(7)The Commissioner, thereafter shall communicate to the District Collector, the number of offices to be reserved for Scheduled Tribes, Scheduled Castes, Backward Classes and Women in respect of each District, to the District Collector.(8)(a)The District Collector in turn shall reserve the Mandal Praja Parishads in the District and allot to the Scheduled Tribes in the first instance, where the proportion of the population of Scheduled Tribes in Mandal to the total population of the Mandal concerned is the highest in the descending order;(b)after excluding the Mandal Praja Parishads reserved for Scheduled Tribes, the District Collector shall reserve from among the remaining Mandal Praja Parishads the offices for the Scheduled Castes allocated to each District under sub-section (4) where the proportion of the population of the Scheduled Castes of the Mandal to the total population of the Mandal concerned is the highest in the descending order;(c)the reservation of the offices for Backward Classes in each District shall be made by the District Collector after excluding the Mandal Praja Parishads reserved for Scheduled Tribes and Scheduled Castes, where the proportion of Backward Class voters in the Mandal to the total voters in the Mandal concerned is the highest in the descending order;(d)the District Collector shall reserve offices for Women from out of the reserved and un-reserved categories on the basis of draw of lots.(9)(a)The reservation of Offices for Scheduled Tribes, Scheduled Castes, Backward Classes and Women shall be by rotation commencing from the first ordinary election held under this Act. The offices of Presidents reserved to the Scheduled Tribes, Scheduled Castes, Backward Classes during the earlier ordinary elections shall not be reserved to the same categories till a cycle of reservation in that category is completed, except the offices reserved for Scheduled Tribes in the Mandal Praja Parishads wholly located in the Scheduled Areas:Provided that such rotation shall be effected after completion of two consecutive terms;(b)candidates elected from any of the Territorial Constituencies shall be eligible to contest for the office of the President, provided such candidate belongs to the same category for which the office is reserved and though not elected from a reserved Territorial constituency;(c)if a new Mandal is formed after ordinary general elections to Mandal Praja Parishads, to determine the category of reservation to the office of President of that Mandal Praja Parishad, proportionate reservation as provided from sub-section (3) to (7) shall be worked out taking the new Mandal Praja Parishad into consideration. If this new worked out reservation, results in a clear additional seat for any one category, the Mandal Praja Parishad newly created shall be allotted to that category. If it does not result in additional seat then the reservation for the newly created Mandal Praja Parishad shall be decided on the basis of draw of lots;(d)for allotting the offices by rotation Scheduled Tribe, Scheduled Tribe (women), Scheduled Caste, Scheduled Caste (women), Backward Classes, Backward Classes (women), Unreserved and Unreserved (women) shall be treated as separate categories:Provided, such of those offices which could not be reserved in the first and second cycle though they were eligible in the descending order but were allotted to the other categories due to order of preference in allotment as per descending order or proportionate population, in those categories shall be allotted first before going to the offices in the second cycle;(e)those offices, which lost their reservation as a result of repeating the reservation second time in that cycle, should be reserved in the ensuing elections in those districts or wherever applicable.Explanation. - Fraction will be rounded off in descending order only to the extent required to arrive at actual number as per percentage, under this sub-section.(10)Nothing in this section shall be deemed to prevent women and members of the Scheduled Tribes, Scheduled Castes, Backward Classes from standing for election to the unreserved offices.(11)The first meeting of the Mandal Praja Parishad to elect a President and Vice-President shall be called as soon as may be, after the results of the ordinary elections to the office of elected members of the Mandal Praja Parishad have been published. The notice of the date and time of the meeting for the election of President and Vice-President shall be given to the elected members in the prescribed manner:Provided that if, for any reason, the election of the President or Vice-President is not held on the date fixed as aforesaid, the meeting for the election of the President and Vice-President shall be held on the next day, whether or not it is a holiday observed by the Mandal Praja Parishad.(12)Every President or Vice-President shall cease to hold office on the expiration of his term of office as a member.(13)Save as otherwise expressly provided in, or prescribed under this Act, the term of office of the President or Vice-President who is elected at an ordinary election shall be five years from the date appointed by the State Election Commissioner for the first meeting of the Mandal Praja Parishad after the ordinary election.(14)Any casual vacancy in the office of the President or Vice-President shall be filled within a period of six months from the date of occurrence of the vacancy by a fresh election under sub-section (11) and a person elected as President or Vice-President in any such vacancy shall hold office only so long as the person in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.
