217. Oath of affirmation by members of Gram Panchayat, Panchayat Samiti and Zilla Parishad.
(1)Notwithstanding anything contained in the Indian Oaths Act, 1873 (Act 10 of 1873), every person who is elected a member of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad shall, before taking his seat, make and subscribe, before such authority as may be specified by the State Government in this behalf, oath of affirmation of his allegiance to the Constitution of India according to the form set out for the purpose in the Schedule.(2)When any person has failed to make oath of affirmation of allegiance referred to in sub-section (1), and the State Government is satisfied that the failure of such person to make oath of affirmation was due to inadvertence or mistake, the State Government may declare that failure of such person to comply with the provisions of sub-section (1) is condoned.(3)When a declaration has been made by the State Government under sub-section (2) in respect of any person, such person shall be deemed to have continued, notwithstanding his default, to hold his office and all acts done by him shall be deemed as valid and lawful, as if the person in respect of whom the declaration has been made, had made the oath of affirmation of allegiance in accordance with the provision of sub-section (1).(4)Where all the members of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad have failed to make the oath of affirmation under sub-section (1) or where the number of members of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad who have made the oath of affirmation is insufficient to allow of a quorum being formed under Section 27, Section 87 and Section 139 and the State Government is not satisfied that the failure of the members who have failed to make the oath of affirmation was due to inadvertence or mistake, the State Government may by an order published in the Official Gazette dissolve the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad. Thereafter the State Government shall, as soon as may be convenient, reconstitute the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad by fresh General Election and the person who failed to make the oath of affirmation, shall not be deemed to be disqualified for election at such general election.
