State Act

The Maharashtra Village Panchayats Act.

10. Constitution of panchayats.— (1) 5[* * * *] 6[(a) A panchayat shall consist of,— (i) such number of members not being less than seven and not more than 7[seventeen as the 8[State Government may prescribe]] who shall be elected in accordance with section 11 : 9[Provided that, the ratio between the population of the territorial area of a panchayat and the number of seats in such panchayat to be filled by election shall, so far as practicable, be the same throughout the State]. 10[* * * *] (b) each village shall be divided into such number of wards, and the number of members of a panchayat to be elected from each ward shall be such, as may be determined 11[in the prescribed manner by 1[State Government or an officer authorised by it]], with approval of the State Election Commission :] 2[Provided that, the panchayat area shall be divided into wards in such manner that the ratio between the population of each ward and the number of seats allotted to it shall, so far as practicable, be the same throughout the panchayat area.] 3[(1A) In respect of the panchayat to which the Sarpanch is directly elected under section 30A-1A, the provisions of this section shall apply with the modification that, in sub-section (1), in clause (a), before sub-clause (i) the following sub-clause shall be inserted, namely :— “(i-A) Sarpanch elected under section 30A-1A - ex officio member; and”.] 4[(2)(a) In the seats to be filled in by election in a Panchayat there shall be seats reserved for persons belonging to the Scheduled Castes, the Scheduled Tribes, Backward Class of Citizens and Women, as may be determined by the State Election Commission in the prescribed manner ; (b) the seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in a Panchayat shall bear, as nearly as may be, the same proportion to the total number of seats to be filled in by direct election in that panchayat as the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes, in that panchayat area bears to the total population of that area and such seats shall be allotted by rotation to different wards in a panchayat : 5[Provided that, in a Panchayat comprising entirely the Scheduled Areas, the seats to be reserved for the Scheduled Tribes shall not be less than one half of the total number of seats in the Panchayat : Provided further that, the reservation for the Scheduled Tribes in Panchayat falling only partially in the Scheduled Areas shall be in accordance with the provisions of clause (b) :] 6[Provided also that], 7[one-half of the total number of seats] so reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes ; 8[(c) the seats to be reserved for persons belonging to the category of Backward class of Citizens shall be upto 27 per cent. of the total number of seats to be filled in by election in a panchayat and the total reservation shall not be more than 50 per cent. of the total seats in the panchayat and such seats shall be allotted by rotation to different wards in a panchayat : Provided that, in a panchayat comprising entirely the Scheduled Areas, the seats to be reserved for the persons belonging to the Backward Class of Citizens shall be the seats remaining, if any, after reservation of the seats for the Scheduled Tribes and Scheduled Castes : Provided further that, the reservation for the persons belonging to the Backward Class of Citizens in a panchayat falling only partially in the Scheduled Areas shall be as per the provisions of this clause: Provided also that, one-half of the total number of seats so reserved shall be reserved for women belonging to the category of Backward Class of Citizens ;] (d) 9[one-half] (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the category of Backward Class of Citizens) of the total number of seats to be filled in by direct election in a panchayat shall be reserved for women and such seats shall be allotted by rotation to different wards in a panchayat. (2A) The reservation of seats (other than the reservation for women) under sub-section (2) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India.] 1[(3) The names of the members falling under clause (a) of sub-section (1) shall be published by the State Election Commissioner in the prescribed manner.] (4) Notwithstanding anything in sub-section (1) where two-thirds or more of the total number of members required to be elected 2[under sub-clause (i) of clause (a) of sub-section (1)] are elected, failure to elect the remaining members shall not affect constitution of the panchayat.