(1)A Sarpanch of the Gram Katchahry shall be directly elected by a majority of votes by the voters enrolled in the voters' list of that Gram Panchayat.(2)In the event of vacancy caused by reason of death, resignation, disqualification, removal or otherwise of the Sarpanch, another Sarpanch shall be elected as soon as possible as per the provisions of sub-section (1):Provided that if the vacancy of the office of Sarpanch is for less than six month, there shall be no election.(3)(i)After election every Gram Katchahry shall under the direction, control and supervision of State Election Commission, elect in its first meeting one Up-Sarpanch from amongst the members elected under the provisions of clause (b) of sub-section (1) of Section 90 of the Act, by a majority of votes.(ii)The Sarpanch of the Gram Katchahry shall be a voter in the election of Up-Sarpanch.(iii)In the case of equality of votes in the election of Up-Sarpanch, the result shall be decided by draw of lots.(4)(i)In the event of the offices of the Sarpanch and Up-Sarpanch falling vacant simultaneously in any Gram Katchahry, the Executive Officer of the concerned Panchayat Samiti shall call a meeting for election of Up-Sarpanch within fifteen days of such an eventuality for which a notice of at least seven days shall be given to the Panche s.(ii)The Executive Officer of the concerned Panchayat Samiti shall preside over such meeting but he shall not have the right to vote.(iii)In the case of equality of votes in the election of Up-Sarpanch, the result shall be decided by draw of lots.(5)Reservation of seats- (i) For the post of Sarpanch, as nearly as but not exceeding fifty percent of the total seats of Sarpanch in every Panchayat Samiti shall be reserved for(a)Scheduled Castes;(b)Scheduled Tribes; and(c)Backward Classes.Within every Panchayat Samiti, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the post of Sarpanch and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Sarpanch within the said Panchayat Samiti as the population of the Scheduled Castes/Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different Gram Kachaharis within the Panchayat Samiti by the District Magistrate under the direction, control and supervision of the State Election Commission in the manner prescribed [After two consecutive general elections] [Inserted vide Section 11 of Amdt. Act 10 of 2009.].After reservation of seats 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 Gram Kachaharis by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different Gram Kachaharis in a Panchayat Samiti by the District Magistrate during subsequent elections [After two consecutive general elections] [Inserted vide Section 11 of Amdt. Act 10 of 2009.] under the direction, control and supervision of the State Election Commission in the manner prescribed by it.(ii)As nearly as but not exceeding fifty percent of the total number of seats 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 not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.(iv)Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category shall be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different Gram Katchaharis in such manner as may be prescribed by the State Election Commission.[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.] [Inserted vide Section 11 of Amdt. Act 10 of 2009.]
