CONSTITUTION OF 3-TIER PANCHAYAT BODIES

8TH PANCHAYAT GENERAL ELECTION, 2013

Pre-requisitesWest Bengal Panchayat

(Constituion) Rules, 1975Official Gazette Notification of

newly elected members1st meeting of elected members

should be called within 21 days of gazette notification

Proposed datesOfficial Gazette Notification for

Gram Panchayat : 8th August, 2013

1st meeting to be convened between : 14th August to 19th August, 2013

Official gazette Notification for Panchayat Samiti : 10th August, 2013

1st meeting to be convened between : 30th August to 03rd September, 2013.

Proposed datesOfficial gazette Notification for

Zilla Parishad : 10th August, 20131st meeting to be convened

between : 07th September’13 to 14th September, 2013.

NOTICE OF 1ST MEETINGNotice in form 1 is to be served

to each elected memberTo be served to only the directly

elected members & not to the Ex-Officio members

At least 7 days before the date fixed for meeting

By registered post and also special messenger.

Important Points to be remember

1st Meeting to be convened by

Such meeting will be presided over by Officer duly authorised by Prescribed Authority in Form 2.

She/he will not have the right to vote.

Tier Gram Panchayat

Panchayat Samiti

Zilla Parishad

Prescribed Authority

Block Development Officer

Sub-Divisional Officer

District Magistrate

Candidates to be informed ofCertificate of Election- for

production before Presiding officer & to facilitate identification.

SC/ST/BC Certificate – if the member intends to contest for office reserved for the same.

If the member is already elected from the reserved seat certificate should not be insisted upon.

CONDUCT OF MEETINGOath or affirmation under section 197

in Form 3G:\Form 3A (Bengali).doc is to be subscribed at first to be able to participate in the 1st meeting.

Election to the Office of Pradhan or Sabhapati or Sabhadhipati will be taken 1st.

Followed by election to the office of Upa-Pradhan, Saha-Sabhapati or Sahakari Sabhadhipati

CONDUCT OF MEETING No member should be elected as

Chairperson or Vice Chairperson in her or his absence.

Specific consent of the member is not necessary.

Member who clearly expresses her/his unwillingness, shall not be considered as a candidate.

Meeting should be held on obtaining quorum of 1/3rd of total number of members, subject to minimum of 3 members.

CONDUCT OF MEETINGPresiding Officer May wait upto one

hour to reach the quorum.If a member arrives after the

business of meting has started – should be allowed to participate from the stage he/she has arrived.

If a member arrives after the list of candidates is finalized, the list cannot be challenges or sought to be altered by her/him.

CONDUCT OF MEETINGIf a member arrives after all the Ballot

Papers have been received back, no ballot papers will be issued to her/him.

If a member arrives after oath taking process, he/she should be administer oath. She/he may also be issued with ballot paper when the presiding Officer has issued ballot papers to other members but has not received back.

All votes be cast in open manner.

Election of Pradhan

The names of the candidate for the office of Pradhan is to be proposed and seconded.

The candidate is to furnish a declaration in Form 3A - not to hold office of Profit or carry on any business, profession or calling.

If the candidate does not gives declaration, his/her candidature shall be rejected.

This procedure is not applicable to Upa-Pradhan though it will remain the same during election of Sabhapati, Saha Sabhapti, Sabhadhipati, Sahakari Sabhadhipati and Karmadhyakshas of Zilla Parishad only.

Election of PradhanIf only one candidate is proposed

& seconded, the PrO shall declare him to be duly elected to be the Pradhan of the Gram Panchayat in Form 4.

Normally, a proposal shall not be entertained by the Presiding Officer unless it is seconded by another member.

Election of Pradhan

But when an office is reserved for a specified category and

◦ only one member has been elected from a seat reserved for that specified category

◦ no other member elected from any other category or◦ an unreserved category is proposed for election of

such office

• it will not be necessary for such proposal to be seconded by another member

• On being proposed, she or he may be declared elected uncontested by the Presiding Officer.

Election of Pradhan

If more than one candidates have been proposed & seconded◦ PrO shall prepare ballot papers in Form 5,

containing the names of the candidates ◦ To be arranged in Alphabetical order of

their surnames◦ PrO shall put his/her signature with date

on the back of each ballot paperShall hand over one ballot paper to each

member present.The member shall write his name and put

dated initial at the back of the ballot paper.

Election of PradhanThe member shall record his/her

vote by placing ‘X’ in the ballot paper against his/her choice of candidate.

Ballot paper then shall be taken back by the PrO.

After all Ballot papers are received back, the PrO shall count them, and record number against each candidate in Form 6.

Election of PradhanOn request from the members

present, the PrO can show both sides of any ballot paper.

But the members shall not be allowed to touch the ballot papers.

The PrO can reject any Ballot Paper, which raises a reasonable doubt as to for whom the vote has been cast.

A note to that effect shall be noted by the PrO on the Ballot paper.

Election of PradhanResult of candidate securing highest

votes will be made in Form 7.The said candidate will be declared

as duly elected to be the pradhan of the Gram Panchayat.

In case of a tie, the selection shall be made by lot.

Thereafter the election of the Upa-Pradhan will be held in the similar manner.

RESERVATION OF OFFICESFor election to the different offices

viz, Pradhan, Upa-Pradhan, Sabhapati, Saha Sabhapati, Sabhadhipati, Sahakari Sabhadhipati, the RESERVATIONS shall be taken into account.

THERE SHALL BE NO VIOLATION OF RESERVATION CATEGORY IN ANY MANNER.

RESERVATION OF OFFICESit is not necessary that the

members elected form a seat reserved for the same category shall only be eligible for such election.

Any member elected from an unreserved seat or from a seat reserved for another category shall be eligible for such election provided she has the necessary case/tribe/class gender/qualification.

Publication The PrO shall forward the names

of the Pradhan and the Upa- Pradhan to the Prescribed authority for publication.

The Prescribd Authority shall forward the names to DPEO, The Director P&RD and the State Government.

The Director P&RD shall publish the names in the Official gazette.

Election of Sabhapati & Sabhadhipati

Similar process is to be followed for election of Sabhapati & Saha Sabhapati as specified in rule 4 of WB Panchayat (Constitution)Rules, 1975.

Rule 5 of the ibid act will be followed for the election of Sabhadhipati & Sahakari Sabhadhipati of Zilla Parishad.

However, the meeting at Panchayat Samiti level shall be presided over by such officer, not below the rank of a group A officer.

The quorum for such meeting will be 1/4th of the total number of members present

Number of members to be electedNo of members of a Gram Panchayat

No of Members in each Upa-Samiti

10 & below 1

11 to 20 2

21 and above 3

No of members of a Panchayat Samiti

No of Members in each Sthayee Samiti

15 & below 3

16 to 30 4

31 and above 5

No of members of a Zilla Parishad

No of Members in each Sthayee Samiti

30 & below 3

31 to 60 4

61 and above 5

Upa-Samiti Preferably within three weeks following the 1st

meeting, the meeting of the members to be convened for election of members of Upa-Samiti.

The meeting shall be convened by the Block Development Officer & presided over by an Extension Officer duly authorised.

A quorum of presence of two members of an Upa-Samiti is required.

Provided that no member shall be a Sanchalak for more than two Upa-Samitis at a time.

Directly elected members as well as Ex-Offico members shall be invited.

All may exercise the voting right and are eligible to be elected as members of an Upa-Samiti.

All papers related to election of members shall be preserve in safe custody for three months.

Sthayee Samitis Meeting of members of PS or ZP shall be convened by

Sub-Divisional Officer or the District Magistrate in Form 1.

Such meeting be presided over by an officer not below the rank of Gr A officer duly authorized in form 2.

As per law such meeting should be held within one week following the 1st meeting.

However the same can be held within 3 weeks. 1/4th of the total number of elected members of the

Panchayat Samiti shall form a quorum. Directly elected members as well as Ex-Offico

members shall be invited. All may exercise the voting right and are eligible to be

elected as members of an Upa-Samiti. Such meeting can be staggered so that MLA and MPs

can attend the meetings.

Election of Sthayee Samiti MembersPlace as many box/container as

there are Sthayee samitis with label.Show to all present that the

containers are empty.The PrO shall call upon members to

propose & second the candidates for election as member of a particular Sthayee Samiti.

Record the names along with Proposer & Seconders.

If the names are equal to or less than the prescribed numbers;

PrO shall declare them as duly elected members of Sthayee Samiti in Form 4.

In case of less numbers of members, the Prescribed authority shall call for a fresh meeting to complete the number.

If more candidates are proposed, the election will beheld through Ballot Paper in Form 5 bearing name of the Sthayee Samiti.

Votes secured will be recorded in Form 6. Declare the prescribed numbers of candidates

securing larger number of votes in order of merit to be duly elected in Form 7.

Election of Sthayee Samiti Members

PublicationOnce the election to all members of

Sthayee Samiti is completed, the PrO shall forthwith send names to

Sabhadhipati / Sabhapati,District Magistrate / Sub-Divisional

Officer for poublication in their office.DPEO, the Commission, P&RD and the

State Government for official gazette.The papers related to election will be

preserved by the SDO and District Magistrate for three months.

Election of Karmadhyaksha

Within 1(one) week from the election of members of Sthayee Samiti, SDO or the District Magistrate shall issue notice for election of 9 karmadhyakshas of Sthayee Samiti in form 1.

Such meeting may be completed preferably within two weeks from election of members of Sthayee Samitis.

Under the provision of the law, such meetings shall not be convened untill all members required to be elected in the Sthayee Samitis have been elected.

Not less than one half of the total number of elected members of theSthayee Samiti shall form a quorum.

Election of Karmadhyaksha

All members i.e. directly elected as well as ex-officio members shall be served notice to attend the meeting for election of Karmadhayakshas.

They may exercise voting rights if necessary.

But an ex-officio member is not eligible himself/herself to be elected as Karmadhyaksha.

Election Convened by

Date Presided over by

Quorum

Meeting date

Papers preserved

Pradhan & Upa Pradhan

BDO Extension Officers

1/3rd After gazette notification

BDO

Sabhapati & Saha Sabhapati

SDO 2/9/13 Rank of Group A Officer/Exe Magistrate

1/4th After gazette notification

SDO

Sabhadhipati & Sahakari Sabhadhipati

DM 9/9/3 Rank of Group A Officer/Exe Magistrate

1/4th After gazette notification

DM

Upa Samiti BDO 12/9/13 Extension Off

1/3rd 3 weeks after 1st meeting.

BDO

Sthayee Samiti at PS & ZP

SDO/DM 17/9/13 (PS) Rank of Group A Officer/Exe Magistrate

1/4th Within 1-3 weeks of sabhapati election

SDO/DM

Sanchalak BDO 21/9/13 Extension Officer

2 members

Within 1 week of Upa Samiti

BDO

Karmadhyaksha at PS & ZP

SDO/DM 24/9/13 (PS) Rank of Group A Officer/Exe Magistrate

½ of total member

Within 1-2 weeks of election of all Sthayee samiti

SDO/DM

Stationaries to be kept readyContainers for holding Ballot PapersForm 3: Form of OathForm 4: Declaration of Uncontested electionForm 5: Ballot PaperForm 6: Form of recording of votesForm 7: Declaration of Results.Meeting minute book.Service Return of all notices served.Copy of Office Gazette NotificationReservation Status of the officesRelevant Rules & guidelines.

Proceedings to record Each stage of the proceedings should be

recorded properly. Following points should be recorded

◦ Total number of members of GP/PS/ZP◦ Number present in the meeting, with their

signature & thumb impression.◦ Number of members who have subscribed oath.◦ Reservation status of the office◦ Names of candidates with proposer & seconders◦ Names of elected members (as the case may be)

with number of votes secured by him /her.◦ Any other matter which the PrO may think it

necessary to note.