Rules relating to Telangana Panchayat Raj (Conduct of Elections of Upa-Sarpanch of
Gram Panchayat) Rules, 2018 - Issued
(G.O.Ms.No.25, Panchayat Raj & Rural
Development (PTS.III) Department, dated 19.05.2018).
NOTIFICATION
In exercise of the
powers conferred by clause (i) of sub-section (2) of section 286 read with
sub-sections (9) and (10) of Section 15 of the Telangana Panchayat Raj Act,
2018 (Act No.5 of 2018) the Governor of Telangana hereby makes the following
Rules relating to conduct of election of Upa-Sarpanch of Gram Panchayat.
RULES
1.
Short title:- These rules may be called the Telangana
Panchayat Raj (Election of Upa-Sarpanch of a Gram Panchayat)
Rules, 2018.
2.
Definitions :- (1) In these rules unless the
context otherwise requires,
(a)
“Act” means the Telangana Panchayat Raj Act, 2018;
(b)
“Form” means a Form appended to these rules;
(2) The
words and expressions used but not defined in these rules shall have the
meanings respectively assigned to them in the Act.
3.
Convening of Special Meeting:- (1)
The election of the Upa-Sarpanch of a Gram Panchayat shall be held in the Office
of the Gram Panchayat on the same date on which the results of the ordinary
election of the Gram Panchayat are published at a meeting of the Members
specially convened for the purpose notice for which shall be given in Form – I:
Provided that the
District Panchayat Officer or any person authorised by him may direct that the meeting for the
election of the Upa-Sarpanch shall be held at such place as may be specified by
him, other than the office of the Gram Panchayat if its office is located in
the house of any Member of the Gram Panchayat or if it is not convenient to
hold the meeting in the office of the Gram Panchayat:
Provided further
that if for any reason the election of the Upa-Sarpanch is not held on the date
aforesaid the special meeting for the election of Upa-Sarpanch shall be held on
the next day whether or not it is a holiday observed by the Gram Panchayat:
Provided also that
the State Election Commissioner may from time to time, for the reasons to be
recorded in writing, direct or permit the holding of the election of the
Upa-Sarpanch on any other day.
(2) The meeting
referred to in sub-rule (1) shall be presided over by the Returning Officer
appointed for conducting ordinary election to the office of Sarpanch and Ward
Members of the Gram Panchayat.
4.
Quorum:- The first and second
meetings specially convened for the election of Upa-Sarpanch, shall not be
held, unless there be present within one hour from the time appointed for the
meeting not less than one-half of the total number of members of the Gram Panchayat
inclusive of its Sarpanch. However, the subsequent Meeting or Meetings convened
for this purpose, shall be conducted, even if there is no quoram.
Explanation:- In
determining 'one-half of the total number of Members' under this sub-rule,
any fraction arrived at, shall be construed
as one.
5.
Manner of Election:- (1) Any Member may propose only one of the Members for election as Upa-Sarpanch duly seconded
by another. The names of all the candidates
duly proposed and seconded shall be read out by the Presiding Officer of the
meeting. The contesting candidates shall be given thirty minutes time for withdrawal.
(2)
If there is only one validly
nominated candidate she/he shall be declared to have been elected.
(3)
If there are two or more
candidates, an election shall be held by show of hands and votes of the members present at the meeting
shall be taken.
(4)
The Presiding Officer shall,
thereafter, record the number of votes polled, for each such candidates
ascertained by show of hands. He shall then announce the number
of votes secured by each candidate and shall declare the candidate who secured
the highest number of votes, as elected.
(5)
In the event of there being an
equality of votes among the candidates, the Presiding Officer shall draw lots
in the presence of the members and the candidate whose name is first drawn shall be declared
to have been duly elected.
(6)
The candidate as also the Sarpanch
shall also be entitled to vote at the election.
6.
Record of Proceedings :-
Immediately after the meeting, the Presiding Officer shall -
(a)
prepare a record of the
proceedings at the meeting and sign it, attesting with his initials every correction
made therein and also permit any member present at the meeting to affix her/his signature to such record if she/he
expresses her/his desire to do so;
and
(b)
publish a notice signed by self
stating, the name of the person elected as Upa-Sarpanch on the notice board of
the Gram Panchayat if there is one or in a conspicuous place in the village and
send a copy of such notice to the District Panchayat Officer,
District Collector, Commissioner of Panchayat Raj and State
Election Commission. A copy of such notice shall also be given to the
candidate who is declared elected as Upa-Sarpanch.
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