Panchayat:Repo18/Law Manual Page0095

(5) 13[Fifty per cent (in the case of a fraction, it shall be fixed to the next higher integer)] of the total number of seats reserved under sub-section (4) shall be reserved by the Government for women belonging to the Scheduled Castes or the Scheduled Tribes as the case may be: Provided that if the number of seats reserved for Scheduled Castes or, as the case may be, the Scheduled Tribes, under sub-section (4) is one, that seat shall not be reserved for women, belonging to Scheduled Castes or Scheduled Tribes, as the case may be.

(6) 14[Fifty per cent (in the case of a fraction, it shall be fixed to the next higher integer)] [including the seats reserved under sub-section (5)] of the total number of seats in a Village Panchayat shall be reserved by the Government for women and such seats shall be allotted by the 15[State Election Commission] or the officer authorised by it *[under sub-section (1B) of section 10] by rotation to different constituencies in the Village Panchayat area.

(7) Nothing contained in sub-sections (3) to (6) shall be deemed to prevent members of the Scheduled Castes or the Scheduled Tribes or the women from standing for election to the non-reserved seats in a Village Panchayat.

(8) A Village Panchayat shall have a President and a Vice-President elected by the members of the Village Panchayat from among themselves. D oes

NOTES

When general constituencies of previous election are rotated as reserved ones for present election, there may arise a need to select deficit constituencies from among the previously reserved ones. In such a case there may be ward in which successive reservation has happened, which cannot be said as illegal. - Geethakrishnan D. v. State Election Commission, Tvm and Others - 2015 (5) KHC 147 : 2015 (4) KLT 297. The case law pertains to S.6 of the Kerala Municipality Act, 1994. The identical provision applicable to the Kerala Panchayat Raj Act, 1994 is .7 & S.8). Panchayat Election - Reserved ward - Selection - Drawing of lots - Ward newly created having more than 50% population under reserved ward in previous year is to be excluded - Therefore, newly created ward whose entire population was covered by three reserved wards and whose 100% population was under reserved ward in earlier election - Is to be excluded while taking lots for selection. - C.R. Suresh v. State of Kerala & Others - AIR 2001 ker. 174. Newly constituted ward, constituted with parts of 3 wards all of which were reserved for ladies and Scheduled Caste - Is to be excluded while taking lot - Constitution of India, Art.243-D - The contention of the Election Commission is that if more than 50% of a single reserved ward was in the newly constituted ward, then only it will be excluded. Such an interpretation is not warranted from the words used in the guidelines or considering the intention of the constitutional provisions. As far as the new ward is concerned, the entire population in this new ward was covered by three reserved wards and 100% population of the new ward was under reserved wards in the earlier election. Therefore, this ward has to be excluded while taking lots. (S.7(4) & (6)] - Suresh v. State of Kerala - 2000 (3) KLT 159 : 2000 (2) KLJ 672.

8. Composition of Block Panchayat.—

(1) Every Block Panchayat shall consist of,

(a) elected members equal to the number of seats notified under sub-section (1) of Section 6;