• Gram Panchayat Election reservation

We are a newly born Gram Panchayat named MADGULA THANDA GP.
It contains only 2 villages MADGULA THANDA (Head Office) and BARWAD THANDA.
 Both villagers are belong to single cast Scheduled Tribe only. Now people of both villagers are fighting for Sarpanch Elections.
Question 1: Which village should get that first Sarpanch chance through election? and why?
Question 2: Both villages can fight for first Sarpanch chance through election? and why?
Question 3: Village which has Gram Panchayat Head Office should get that first Sarpanch chance? and why?
Please answer with proper reasons in detail description... Thank you!
Asked 6 years ago in Constitutional Law

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6 Answers

Hii, these policies are decided by the state government and the election commission of India .. You can have a better idea by filing an RTI

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

residents of both villagers would vote in the election to elect the

2)Sarpanch is elected by the villagers through voting. All the members of the villages who are 18 years of the age and have got their names added in the voter list are eligible to vote.

3)merely because village has head office of gram panchayat does not mean its candidate would be the sarpanch

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

1)as per law residents of both villagers can elect sarpanch

2) any agreement between 2 villages that sarpanch would of one village would not stand legal scrutiny

3) you cannot enforce such agreement

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

Elections.

Question 1: Which village should get that first Sarpanch chance through election? and why?

Question 2: Both villages can fight for first Sarpanch chance through election? and why?

Question 3: Village which has Gram Panchayat Head Office should get that first Sarpanch chance? and why?

Please answer with proper reasons in detail description... Thank you!

This is the police decision of government to which no comment or opinion can be rendered by an outsider especially considering the local laws and the prevailing circumstances.

Since both the villages are equally fighting for their rights, the decision to allot the Sarpanch will vest on the District Administrator i.e., the collector.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2196 Consultations

5.0 on 5.0

Question1) Mutual agreement like which individual village should go for present and future term of Sarpanch elections written on Bond Paper or Agreement Paper by registered Advocate/Lawyer notary between those 2 villages....Would it be legally valid?

If a high level discussion involving elders of both the villages as well as mediators and agree mutually for the conditions set therein, then an agreement can be reduced to writing with the help of an advocate and the same put up before the local administration authority for their approval, may be a procedure that can be followed under the circumstances.

Question2) Would it be possible to challenge them legally if anyone dis-obey that agreement of one time Madgula Thanda village candidate and next time Barwad Thanda village candidate (as per mutual agreement between 2 villages) should go for Sarpanch election?? .......

Any dispute that may arise out of it can be solved by the competent authority only, i.e., the local administration authority. The party aggrieved by this decision may approach court of law with the dispute.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2196 Consultations

5.0 on 5.0

Hello,

These are majorly the policy decisions on which you can not raise the finger as the same are passed based on the local laws and customs. The decision with this regards will vest on the District Administrator i.e., the collector.

Also if you think that the same decision has been passed malafidely then you can challenge the same in the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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