Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GUJARAT TALUKA AND DISTRICT PANCHAYATS ELECTION (Manner of Allotment of Reserved Seats by Rotation between Different Constituencies) RULES, 1973 CONTENTS 1. Short title and extent 2. Definition GUJARAT TALUKA AND DISTRICT PANCHAYATS ELECTION (Manner of Allotment of Reserved Seats by Rotation between Different Constituencies) RULES, 1973 Whereas certain draft rules entitled as the Gujarat Taluka and District Panchayats Election (Manner of allotment of reserved seats by rotation between different constituencies) Rules, 1973, were published as required by sub-section (3) of section 323 of the Gujarat Panchayats Act, 196l (Guj. VI of 1962), at pages 215 to 217 of the Government of Gujarat Gazette, Part I-A, dated the 29th November, 1973 under the Government Notification, Panchayats and Health Department No. KP/73- 238/PRR(HLC)/3(1)/73-JH-1, dated the 29th November, 1973 inviting objections and suggestions from all persons likely to be affected thereby till the 8th December, 1973. And whereas the objections and suggetions received from the public on the said draft have been considered by the Government. Now, therefore, in exercise of the powers conferred by section 323 read with sub- section (4) of section 14 and sub-section (4) of section 15 of the Gujarat Panchayats Act, 1961 (Gujarat VI of 1962), the Government of Gujarat hereby makes the following rules, namely :- 1. Short title and extent :- These rules may be called the Gujarat Taluka and District Panchayats Election (Manner of allotment of reserved seats by rotation between different constituencies) Rules, 1973. 2. Definition :- For the purposes of the constitution or reconstitution of any Taluka Panchayat or District Panchayat, after coming into force of the Gujarat Panchayats (Amendment) Act. 1973 (Guj. 9 of 1973), the manner of allotment of reserved seats by rotation amongst different constituencies shall be as under namely :- (1) A Taluka or as the case may be District, shall be divided into as many single member territorial constituencies as there are total seats to be filled and each constituency shall be named after giving it the name of a town or village having the largest population therein, provided that if the area of such town falls in more than one constituency, the constituencies covered by the area of such town shall be distinguished by adding to their names arithmetical figures. For example if "X" is a town having the largest population an d its area is extended to more than one constituency, such constituencies shall be distinguished by giving them names as X-1 and X-2 and so on. (2) The names of the constituencies shall be arranged in the English alphabetical order and shall be serially numbered. The serial numbers so given to the constituencies shall not be changed notwithstanding any change in the name of any constituency which may hereafter take place. (3) For the purpose of allotment of seats reserved for Scheduled Castes in a Taluka, or as the case may be District, the rotation shall be as under- (i) The constituencies in a Taluka, or as the case may be District named and numbered as provided in sub-rules (1) and (2) shall be given special serial numbers for this purpose according to the percentage of the population of Scheduled Castes in each such constituency starting with the highest percentage; and (ii) Subject to the provisiuns of clauses (ii) and (iii) of sub-rule (5), the rotation of seats in the constituencies shall take place serially according to the serial numbers of the constituencies given under clause (i)of this sub-rule. (4) For the purpose of allotment of seats reserved for Scheduled Tribes in a Taluka, or as the case may be District, wherein the total population of Scheduled Tribes is less than 15% of the total population of such Taluka, or as the case may be District, the rotation shall be as under namely ;- (i) The constituencies in aTaluka, or as the case may be District, named and numbered as provided in sub-rules (1) and (2) shall be given special serial numbers for this purpose according to the percentage of the population of Scheduled Tribes in each such constituency starting with the highest percentage; and (ii) subject to the provisions of clause (ii) and (iii) of sub-rule (5), the rotation of seats amongst the constituencies shall take place serially according to the numbers of the constituencies specified under clause (i) of this sub-rule; 1(4A) In a Taluka, or as the case may be District wherein the population of Scheduled Tribes is 15% or more of the total population of the Taluka, or as case may be District, the reserved seats for Scheduled Tribes shall not be rotated between different constituencies of such Taluka, or as the case may be District, but shall be allotted to different, constituencies as under namely :- (i) The constituencies in a Taluka or as the case may be District, named and numbered as provided in sub-rules (1) and (2) shall be given special serial numbers for this purpose according to the percentage of the population of Scheduled Tribes in each such contituency, starting with the highest percentage ; and (ii) Subject to the provisions of clauses (ii) and (iii) of sub-rule (5), the allotment of seats in accordance with the provisions of sub- section (4) of section 14, or as the case be. sub-section (4) of section 15 amongst the constituencies shall take place serially according to serial numbers of the constituencies specified under clause (i) of this sub-rule. (5) For the pupose of allotment of seats reserved for women in a Taluka, or as the case may be District, the rotation shall be as under :- (i) The reserved seats for women shall first be distributed according to the allocation made under sub-section (4) section 14, or as the case may be, sub-section (4) of section 15 to the women belonging to the Scheduled Castes. Scheduled Tribes and to women not belonging to the Scheduled Castes and Scheduled Tribes : Provided that for purposes of making such distribution, fractions of a seat of one half and above shall be counted as one and fraction below one half shall be ignored. (ii) (a) If the seat allocable to the women belonging to the Scheduled Castes, or as the case may be. Scheduled Tribes is only one, then, such seat shall be allotted by rotation to the constituency which may be first in the serial order to which seat or seats are allocable under the provisions of 2[sub-rule (3), sub-rule (4), or as the case may be, sub-rule (4A);] and, (b) If the seat or seats allocable to the women belonging to the Scheduled Castes or Scheduled Tribes is more than one, then, such seats shall be allotted by rotation to the constituency or constituencies referred to in 2 [sub-rule (3), sub-rule (4), or as the case may be, sub-rule (4A);] in the same manner as specified in sub-clause (b) of cleuse (iii) of this sub-rule. (iii) The rotation of seat or seats allocable to women not beloging to the Scheduled Castes and Scheduled Tribes shall be as under :- (a) If the seat allocable to the women not belonging to the Scheduled Castes or Scheduled Tribes is only one, then. such seat shall be allotted by rotation to the constituency which may be first in the serial order as per serial number given under sub-rule (2); and (b) if the seat or seats so allocable is more than one such seats shall be allotted by rotation according to the serial numbers of constituencies given under sub-rule (2) arrived at by dividing the total number of seats allotted or capable of being allotted to members not belonging to the Scheduled Castes or Scheduled Tribes in accordance with the provisions of section 14, or as the case may be, section 15 by the number of reserved seats for women allocable to women not belonging to the Scheduled Castes or Scheduled Tribes and adding the quotient. For example if eight seats are capable of being allotted to members not belonging to the Scheduled Castes or Scheduled Tribes under section 14, or as the case may be, section 15, and the number of reserved seats for women not belonging to the Scheduled Castes or Scheduled Tribes is two then, the reserved seats for women so allotted to constituencies numbers one and five (8/2=4;1;1+4=5). (6) In case where a seat for Scheduled Castes and also for Scheduled Tribes becomes allocable to the same constituency, such constituency shall have a reserved seat for Scheduled Castes and the seat for Scheduled Tribes shall be shifted to the constituency, which may be next in the serial order where a seat for Scheduled Tribes would otherwise have to be reserved. (7) If any question arises in connection with any election as to the constituency to which any seat reserved for women. Scheduled Castes, or Scheduled Tribes should be or is capable of being allotted under the provisions of these rules, it shall be decided by the Development Commissioner, Gujarat State, and his decision shall be final. 1. Sub-rule (4A) substituted by G.N.P.H. and U.D.D. No. KP/179 of 1980 (1)/PRR-1080/1781.G, dated the 27th October, 1980 2. These words substituted by G.N.P.H. and U.D.D No. KP/ 79 of l980/ (F) PRR/80/1781/G, dated the 27th October, 1980.