State Act

The Maharashtra Village Panchayats Act.

33. Procedure for election of Sarpanch and Upa-Sarpanch.— (1) On the establishment of a panchayats for the first time under this Act, or on its reconstitution or establishment under sections 145 and 146, or on the expiry of the term 8[* * * *] of a panchayat a meeting shall be called on the date fixed under sub-section (1) of section 28 by the 9[Collector], for the election of the Sarpanch and Upa-Sarpanch. In the case where the offices of both the Sarpanch and Upa-Sarpanch become vacant simultaneously, a meeting shall be called on the date fixed by the 10[Collector], for the election of the Sarpanch and Upa-Sarpanch. (2) The meeting called under sub-section (1) shall be presided over by such officer as the 1[Collector] may by order appoint in this behalf. The officer aforesaid shall, when presiding over such meeting, have the powers and follow the procedure prescribed, but shall not have the right to vote. (3) No business other than the election of the Sarpanch and Upa-Sarpanch shall be transacted at such meeting. (4) If in the election of the Sarpanch or Upa-Sarpanch there is an equality of votes, the result of the election shall be decided by lot drawn in the presence of the officer presiding in such manner as he may determine. (5) In the event of a dispute arising as to the validity of the election of a Sarpanch or Upa-Sarpanch under sub-section (1) 2[the officer presiding over such meeting or any member 3[* * * *] may, within fifteen days from the date of the election, refer the dispute to the Collector for decision. An appeal against the decision of the Collector may, within fifteen days from the date of such decision, be filed before the Commissioner, whose decision shall be final. The Collector or Commissioner shall give his decision as far as possible within sixty days of the receipt of the reference, or as the case may be, appeal.] 4[(6) 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 following modifications :— (a) in sub-section (1), for the words “election of Sarpanch and Upa-Sarpanch” at both the places where they occurs, the words “election of Upa-Sarpanch” shall be substituted. (b) after sub-section (1), the following sub-section shall be inserted, namely :— 5[(1A) The election of the Sarpanch shall be held in accordance with the provisions of section 30A-1A of this Act.] (c) in sub-section (2), after the words “presided over by” the words “the Sarpanch and if the post of Sarpanch is vacant by” shall be inserted; (d) in sub-section (3), the words “Sarpanch and” shall be deleted; (e) for sub-section (4), the following sub-section shall be substituted,— “(4) If, in the election of Upa-Sarpanch there is an equality of votes, the Sarpanch shall have the right to exercise casting vote, and of the post of Sarpanch is vacant, the result of elections shall, be decided by lot drawn in the presence of the officer presiding in such manner as he may determine.” (f) in sub-section (5),— (i) the words “Sarpanch or” shall be deleted; (ii) after the word, brackets and figure “sub-section (1)” the words “Sarpanch or” shall be inserted.]