Reservation of office of Sarpanch in Telengana State

17- Reservation of office of Sarpanch

Telangana Panchayat Raj Act, 2018

(1) The offices of Sarpanches of Gram Panchayats in the State shall be reserved for Scheduled Tribes, Scheduled Castes, Backward Classes and Women, by notification, in the manner specified below.

(2) (a) Out of the total number of offices of Sarpanch in the State, the Commissioner shall determine in the first instance, the number of offices of Sarpanches of Gram Panchayats to be reserved for the members belonging to Scheduled Tribes and Scheduled Castes.

(b) The number of offices to be reserved to the Scheduled Tribes and Scheduled Castes as may be determined by the Commissioner, shall be subject to the condition that the number of offices so reserved shall, bear as nearly as may be the same proportion to the total number of offices to be filled in the State, as the population of the Scheduled Tribes or as the case may be Scheduled Castes in the State bear to the total population of the State:

Provided that while computing the total population of the State for the purpose of making reservation to the Scheduled Tribes and Scheduled Castes under this subsection, the population of the Scheduled area and the population of the villages where the 100% (hundred percent) population is Scheduled Tribes shall be excluded.

(3) The Commissioner thereafter shall, allot to each District the number of offices of the Sarpanches on the basis of the proportionate population of the Scheduled Tribes or of the Scheduled Castes in the District to the total population of the Scheduled Tribes or as the case may be the Scheduled Castes of the State:

Provided that in the villages located in the Scheduled areas and the villages where the 100% (hundred percent) population is the Scheduled Tribes, all the Offices of the Sarpanches shall be reserved for the Scheduled Tribes only.

(4) For the purposes of determining the number of offices to be reserved for Backward Classes, the Commissioner, shall determine 34% (thirty four percent) of the offices to the members belonging to the Backward Classes and allot to each district on the basis of the proportion of population of Backward Classes in the State.

(5) The Commissioner shall, reserve one-half of the number of offices reserved for Scheduled Tribes, Scheduled Castes and Backward Classes and one-half of the unreserved offices in each District, for women.

(6) The Commissioner, thereafter shall, communicate the number of offices so reserved for Scheduled Tribes, Scheduled Castes, Backward Classes, and women in respect of each District, to all the District Collectors, in respect of the Gram Panchayats falling within their respective districts.

(7)(a) The District Collector, on receipt of the communication under sub-section (6) shall, determine, in the first instance, the number of offices of Sarpanches to be reserved in each Mandal Praja Parishad for Scheduled Tribes and Scheduled Castes subject to the condition that the number of offices so reserved shall bear as nearly as may be, the same proportion as the population of the Scheduled Tribes or as the case may be, Scheduled castes in the Mandal bears to the total population of the Scheduled Tribes or Scheduled castes in district concerned:

Provided that in the villages located in the Scheduled areas and the villages where the 100% (hundred percent) population is the Scheduled Tribes, all the offices of the Sarpanches shall be reserved for the Scheduled Tribes only;

(b) The number of offices of Sarpanches to be reserved for the Backward Classes shall be on the basis of the projected population of Backward Classes in the Mandal to the total projected population of the Backward Classes in the District.

For the purpose of determining number of offices of Sarpanches to be reserved for the Backward Classes, the District Collector shall arrive at this number on the basis of the Mandal proportionate percentage of Backward Classes arrived at in the manner specified below:

Note–

Explanation

(i) State percentage of Backward Classes shall be as projected by the Directorate of Economics and Statistics;
(ii) Mandal Backward Classes percentage is the figure as projected by the Directorate of Economics and Statistics;

(c) The District Collector shall reserve for women one half of the number of offices reserved for Scheduled Tribes, Scheduled Castes and Backward Classes and one-half of the unreserved offices in each Mandal, for women.

(8) The District Collector, thereafter shall communicate the number of offices to be reserved for Scheduled Tribes, Scheduled Castes, Backward Classes and Women in respect of each Mandal, to the Revenue Divisional Officer.

(9) (a) The Revenue Divisional Officer in turn, shall, allot offices of Sarpanches in each Mandal Praja Parishad for the members belonging to Scheduled Tribes, Scheduled Castes and Backward Classes. He shall allot offices to the Scheduled Tribes in the first instance where the proportion of population of the Scheduled Tribes in the Gram Panchayat to the total population of the Gram Panchayat concerned is the highest in the descending order;

(b) After excluding the Gram Panchayats reserved for Scheduled Tribes, the Revenue Divisional Officer, shall reserve from among the remaining Gram Panchayats, the offices for the Scheduled Castes allocated to each Mandal where the proportion of the population of the Scheduled Castes in Gram Panchayat to the total population of the Gram Panchayat concerned is the highest in the descending order;

(c) After excluding the Gram Panchayats reserved for Scheduled Tribes and Scheduled Castes in the Mandal Praja Parishad, the Revenue Divisional Officer shall reserve from among the remaining Gram Panchayats, the offices for the Backward classes where the proportion of voters belonging to Backward Classes in the Gram Panchayat to the total voters in the Gram Panchayat is the highest in the descending order;

(d) The Revenue Divisional Officer shall reserve one half of the offices for women in each of the categories from out of the Scheduled Tribes, Scheduled Castes, Backward Classes and unreserved categories on the basis of draw of lots.

(10) (a) The reservation of offices for Scheduled Tribes, Scheduled Castes, Backward Classes and Women shall be by rotation as far as practicable commencing from the first ordinary election held under this Act. The offices reserved to Scheduled Tribes, Scheduled Castes, Backward Classes during the earlier ordinary elections shall not be again reserved to the same categories till a cycle of reservation in that category is completed, except in the case of offices reserved for Scheduled Tribes in the Gram Panchayats in the Scheduled Areas and the villages where hundred percent population is Scheduled Tribes:
Provided that such rotation shall be effected after completion of two consecutive terms;

(b) If a new Gram Panchayat is formed after ordinary general elections to Gram Panchayats, to determine the category of reservation to that Gram Panchayat proportionate reservation as provided above will be notionally worked out taking that new Gram Panchayat into consideration. If this new worked out reservation results in a clear additional seat for any one category, the Gram Panchayat newly created would be allotted to that category.

If it does not, then the reservation for the newly created Gram Panchayat shall be decided on the basis of draw of lots:
Provided that this does not apply to Gram Panchayats located in the Scheduled areas and the villages where 100% (hundred percent) population is Scheduled Tribes;

(c) For allotting the offices by rotation to the Scheduled Tribes, Scheduled Tribes (women), Scheduled Castes, Scheduled Castes (women), Backward Classes, Backward Classes (women), Unreserved and Unreserved (women) shall be treated as separate categories:

Provided that such of those offices which could not be reserved in the first and second cycle though they were eligible in the descending order but were allotted to the other categories due to order of preference in allotment as per descending order or proportionate population, in those categories shall be allotted first before going to the offices in the second cycle;

(d) Those offices, which lost their reservation as a result of repeating the reservation second time in that cycle, should be reserved in the ensuing elections in those districts or wherever applicable.

Explanation

(i) Fraction will be rounded off in descending order only to the extent required to arrive at actual number as per percentage.
(ii) The expression “Revenue Divisional Officer” shall include the Sub-Collector or Assistant Collector in-charge of Revenue Division, for the purposes of this section.

(11) Nothing in this section shall be deemed to prevent women and the members of the Scheduled Tribes, Scheduled Castes and Backward Classes from standing for election to the unreserved offices.

(12) The Government is competent to issue any clarification for the purpose of removing any difficulty in implementing the provisions of this section for smooth conduct of the elections.

Telangana Panchayat Raj Act 2018