Panchayat:Repo18/Law Manual Page0211

(6) The Vice-President shall be an ex-officio member and Chairman of the Standing Committee for finance and the President shall be an ex-officio member of all Standing Committees without the right to vote.

(7) A member other than an ex-officio member of a Standing Committee and the Chairman of a Standing Committee other than the Standing Committee for finance may resign the membership or chairmanship of a Standing Committee as the case may be by tendering resignation to the Secretary in the prescribed form and the resignation shall take effect from the date on which it was received by the Secretary and the Secretary shall inform the fact immediately to the President and the Panchayat 64[and the State Election Commission.]

(8) The person who resigns the membership of chairmanship of the standing committee shall give in person or send through registered post his resignation where such resignation letter is attested by a gazetted officer, as the case may be his resignation to the Secretary and the Secretary shall acknowledge receipt of the same.

(9) Except as otherwise provided in this Act, the term of the Chairman of a Standing Committee or its member shall co-exist with the term of that Panchayat.

(10) An election to fill up casual vacancy of the member of a Standing Committee shall be conducted within thirty days of the occurrence of that vacancy:

Provided that where the vacancy in a Standing committee could not be filled up due to the vacancy of a member of Panchayat, the vacancy of Standing Committee shall be filled up within thirty days from the date of filling up of the vacancy of the member of Panchayat.

(11) If a casual vacancy of the Chairman of a Standing Committee other than the Standing Committee for finance arises on of its members shall be elected as its chairman in the next meeting of the standing committee.

(12) A motion of non-confidence on the chairman of the standing committee other than the standing committee for finance may be moved subject to the prescribed provisions and procedures and if such a motion is passed with the support of not less than the majority of the members of the Standing Committee the Chairman of that Standing. Committee shall cease to hold office and he shall be deemed to have vacated the office of the chairman of the Standing Committee immediately.

NOTES

Rule 9(1) or the Standing Committee Rules provides for conducting election for the purpose of filling up the vacancies. The procedure to be followed is that contained in Rules 7 and 8 of those Rules which deal with the manner of election of members and the manner of recording votes, counting of votes and declaration of result in elections. Rule 4 provides that the President shall give notice, for convening the meeting for election of members to Standing Committee, to all the elected members of the Panchayat. five days prior to the date of the meeting. Sub-rule 2 and 3 govern the manner in which service of that notice has to be done Rule 7(1) of those Rules provides that every candidate who wishes to be elected to a Standing Committee shall, within the time and date given in the notice under Rule 4, inform the President of his candidature in writing and sub-rule 3 provides that if the number of seats vacant in a Standing Committee and the number of candidates are equal, the chairman shall declare all such candidate duly elected. This procedure is one of election without contest. But, there is no provision by which a member of a Panchayat can be christened as a member of a standing committee without going through the process of election, even if it be, an uncontested one. Such election has to be in a meeting