Disqualification for members.

128. Di squalification for members. - (1) A person shall be disqualified for being chosen and for being member of a Taluk Panchayat, - (a) if he is so disqualified by or under any law for the time being in force for the purposes of the elections to the State Legis lature: Provided that no person shall be disqualified on the ground that he is less than twenty five years, if he has attained the age of twenty -one years; (b) if he is disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1 987; or (c) if he has been sentenced by a criminal court to imprisonment for a term exceeding three months in respect of an offence under the Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966), such sentence not having been subsequently reversed or quashed or the offence pardoned; or 104 (d) if an order has been passed against him under section 117 of the Code Of Criminal Procedure, 1973 (Central Act 2 of 1974) in proceedings instituted under section 110 of the code, such order not having been subsequent ly reversed or quashed; or (e) if he has been dismissed from service under any local authority; or 2[(e-1) if he has been subject to compulsory retirement or removal or dismissal from the service of the Central Government or the State Government; or. (e-2) if he has been subject to compulsory retirement or removal or dismissal from the service of the Co -operative Society and institutions or if, he has been removed from the post of Chairperson and membership of the Co -operative society and institutions ; or]2 (f) if, having been a legal or medical practitioner or a chartered accountant he has been disenrolled or suspended by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or (g) if he has been removed from membership of any local authority; or (h) if he holds any office of profit under any local or other authority subject to the control of the Central Government, the Government of Karnataka or the Government of any other State, other than such offices as are declared by rules made under this Act not to disqualify the holder. Explanation .- For the purpose of this clause a person shall not be deemed to hold an office of profit under the Zilla Panchayat, Taluk Panchayat or G rama Panchayat by reason only that he is a Adhyaksha or Upadhyaksha of Zilla Panchayat, Taluk Panchayat or Grama Panchayat, - (i) if save as hereinafter provided, he has directly, any share or interest in any work done by order of the Taluk Panchayat or i n any contract or employment with or under or by or on behalf of the Taluk Panchayat, 1[or if he is either directly or indirectly by himself or by his agent or partner or employee involved in obtaining or execution of any such work or contract on behalf o f the Taluk Panchayat or of any contract for the supply of any goods and services to the Taluk Panchayat.]1 or 2. Inse rted by Act 19 of 2022 w.e.f. 05 .04.2022. 1[(j) if he does not have a sanitary latrine for the use of the members of his family: 2[Provided that nothing in this clause shall apply to a person, if at the time of filing his nomination he gives an undertaking to construct within one year from the date of commencement of his term of office as a member, a sanitary latrine for the use of members of his family and also complies with such undertaking after becoming a member]2]1 1[(J-1). If he is di squalified under section 308C or]1 1[(k)]1 if he is employed as paid legal practitioner on behalf of the Taluk Panchayat or accepts an employment as legal practitioner against the Taluk Panchayat: 1. Renumbere d by Act 29 of 1997 w.e.f. 20.10.1997. 1[(l) if he is found guilty, directly involved in any act of misuse or abuse of power or authority as member of the panchayat in executing any scheme, plan or project of the panchayat or of misappropriation of funds o r other assets of the panchayat during the term 105 of his membership or while holding any office of panchayat.]1 Provided that, - (a) the disqualification in clause (d) will cease to operate a fter the expiry of the period during which a person is ordered to furnish security; (b) the disqualification in clauses (c), (e), or (f) will cease to operate after the expiry of five years from the date of such sentence, dismissal or disenrollment or rem oval; (c) the disqualification in clause (g) will cease after the expiry of five years from the date of such removal; 1[(cc) the disqualification under clause (j -1) will cease to operate 2[after expiry of six years ]2 from date of order by the State Elect ion Commission under section 308C.]1 (d) a person shall not be deemed to have incurred disqualification under clause (i) by reason of his, - (i) having a share in any joint stock company or a share or interest in any association registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960) or in any co -operative society, which shall contract with or be employed by or on behalf of the Taluk Panchayat, or (ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Taluk Panchayat is inserted, or (iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Taluk Panchayat. 1[(e) the disqualification under clause (l) shall cease to operate after the expiry of six years from the date of the order.]1 1[(2) If a person who is chose n as a member of a Taluk Panchayat is or becomes a member of the House of the People, the Council of States, the State Legislative Assembly, the State Legislative Council, or is or becomes a Municipal Councillor or a Councillor of a Municipal Corporation o r a Councillor of a Town Panchayat, or a member of a Zilla Panchayat or Grama Panchayat then at the expiration of a period of fifteen days from the date of notification of the names of the members under section 133, or as the case may be, within fifteen da ys from the date of commencement of term of office of a member of the House of the people, the Council of states, the State Legislative Assembly or the State Legislative Council or a Municipal Councillor or a Councillor of a Municipal Corporation or a Councillor of a Town Panchayat or a member of a Zilla Panchayat or Grama Panchayat, his seat in the Taluk Panchayat shall become vacant unless he has previously resigned his seat in the House of the People, the Council of States, the State Legislative Assemb ly, the State Legislative Council, the Municipal Council, the Municipal Corporation, Town Panchayat, Zilla Panchayat or Grama Panchayat as the case may be.]1